Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:91
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 91
Character Range: 204616–206358

91  Amount to be paid to non‑member spouse—first splittable payment after operative time is less than the base amount
 (1) This section applies for the superannuation interest if:
 (a) the first splittable payment that becomes payable in respect of the interest after the operative time for the payment split is not a payment in respect of an allocated pension or a market linked pension; and
 (b) the amount of that payment is less than the base amount allocated to the non‑member spouse for the interest.
 (2) The amount that the non‑member spouse is entitled to be paid in respect of the superannuation interest is:
 (a) the amount of the first splittable payment; and
 (b) unless section 92 applies in relation to the interest—the amount, calculated under subsection (3) of this section, from each other splittable payment that becomes payable in respect of the interest.
 (3) For the purposes of paragraph (2)(b), the amount to be paid to the non‑member spouse from each other splittable payment that becomes payable in respect of the superannuation interest is equal to:
where:
base amount means the base amount allocated to the non‑member spouse for the superannuation interest.
first splittable payment amount means the amount of the first splittable payment paid to the non‑member spouse under paragraph (2)(a).
splittable payment amount means the amount of the relevant splittable payment.
deemed value of the interest means the amount that would be calculated under section 64 for the superannuation interest if references in Division 2 of Part 6 to the relevant date were references to the date the first splittable payment became payable in respect of the superannuation interest after the operative time for the payment split.