Document ID: chunk:federal_register_of_legislation:F2025L00178:clause:4_3:p1
Version: federal_register_of_legislation:F2025L00178
Segment Type: clause
Provision Reference: sch 4 cl 3 (pt 1/4)
Character Range: 487901–490387

3  Actual vested benefit
 (1) For the purposes of subclause 2(1), this clause sets out how to determine the value, at the relevant date, of the actual vested benefit (V) in respect of the superannuation interest.
 (2) Subject to subclause (4), if:
 (a) a member information statement for the member spouse stating the value of the interest at the relevant date has been provided to the member spouse; and
 (b) evidence of the contents of the statement is before the court in the relevant proceeding;
the value at the relevant date of the actual vested benefit in respect of the interest is the value of the interest stated in the statement.
 (3) If:
 (a) a statement has been issued by the trustee of the plan in which the interest is held, being a statement that states the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest at the relevant date if the member spouse had voluntarily ceased to be a member of the plan on that date; and
 (b) evidence of the contents of the statement is before the court in the relevant proceeding;
the value at the relevant date of the actual vested benefit in respect of the interest is the value of the interest stated in the statement.
 (4) If:
 (a) evidence of the contents of a member information statement mentioned in subclause (2) and a statement of the kind mentioned in subclause (3) is before the court in the relevant proceeding; and
 (b) the value of the interest stated in each statement is not the same;
the value at the relevant date of the actual vested benefit in respect of the interest is the value of the interest stated in the statement mentioned in subclause (3).
 (5) If subclause (2) or (3) does not apply, the value, at the relevant date, of the actual vested benefit in respect of the interest is:
where:
V1 means the sum of:
 (a) the value of the actual vested benefit in respect of the interest at the first valuation date; and
 (b) the value of any benefits rolled over, or transferred, by the member spouse to the plan in which the interest is held (other than regular contributions made by or for the member spouse to the plan) in the period:
 (i) starting on the day after the first valuation date; and
 (ii) ending on the day before the relevant date;
  less the value of any partial payment of benefits to the member made in that period.
V2 means the sum of:
 (a) the value of the actual vested benefit in respect of the interest at the