Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:23
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 23
Character Range: 94151–94934

23  Entitlement of non‑member spouse—interests other than small superannuation accounts interests
 (1) This regulation applies if:
 (a) the splitting order is made under paragraph 90XT(1)(a) or 90YY(1)(a) of the Act; and
 (b) the superannuation interest in respect of which the order is made is not a small superannuation accounts interest.
 (2) The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the superannuation interest is:
 (a) if the interest is in the growth phase at the date of the splitting order—the amount calculated in accordance with Division 6.2; and
 (b) if the interest is in the payment phase at the date of the splitting order—the amount calculated in accordance with Division 6.3.