Document ID: chunk:federal_register_of_legislation:F2022C00997:reg:91
Version: federal_register_of_legislation:F2022C00997
Segment Type: reg
Provision Reference: reg 91
Character Range: 104304–105557

91  Associate pension for non‑member spouse
 (1) This regulation applies to a superannuation interest under these Regulations (the original interest) if:
 (a) the Commissioner receives a splitting agreement or splitting order in respect of the original interest; and
 (b) the original interest is not an entitlement to a pension under subregulation 35(4), 41(2) or 42(6) or regulation 43; and
 (c) the member spouse and the non‑member spouse are both alive at the operative time; and
 (d) if a base amount applies—the base amount at the operative time is not more than the family law value.
 (2) The non‑member spouse is entitled to an associate pension from the operative time.
 (3) The annual rate of associate pension payable to the non‑member spouse is calculated as follows:

Step 1  Identify the transfer amount in relation to the non‑member spouse.
Step 2  Identify a factor for the non‑member spouse that is equal to the value Py+m specified in subclause 2(2) of Schedule 4 to the FLS Regulations.
        Note: The associate pension payable to a non‑member spouse does not include a reversionary component.
Step 3  Divide the transfer amount by the factor worked out in step 2.
        The result is the annual rate of the associate pension.