Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:91
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 91
Character Range: 180795–183505

91  Splitting ancillary benefit, associate A benefit or associate B benefit
 (1) This rule applies if:
 (a) CSC receives a splitting agreement or a splitting order in respect of a superannuation interest that is ancillary benefit, associate A benefit or associate B benefit held for the member spouse; and
 (b) an associate pension is not payable in respect of the interest at the operative time; 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 or the scheme value.
Note: This rule applies to ancillary benefit and associate benefit. If the member spouse is a member of the Scheme, the benefit of the member spouse as a member of the Scheme will be split under rule 90.
 (2) CSC must determine the transfer amount for the non‑member spouse and allocate the transfer amount as associate benefit to the non‑member spouse in accordance with subrules (3) and (4).
 (3) The component of the transfer amount that is taken from any ancillary benefit or associate A benefit of the member spouse is transferred to the non‑member spouse as associate A benefit.
 (4) The component of the transfer amount that is taken from any associate B benefit of the member spouse is transferred to the non‑member spouse as associate B benefit.
 (5) If the non‑member spouse has nominated to CSC the Investment Division or Investment Divisions to which the associate A benefit should be credited (an investment nomination), CSC must comply as far as possible with the nomination.
 (6) If CSC:
 (a) has not received an investment nomination from the non‑member spouse; or
 (b) cannot comply with an investment nomination in relation to all or part of the associate A benefit because the nomination is defective or because the Investment Divisions have changed;
CSC must allocate the associate A benefit to the default Investment Division.
 (7) To derive the transfer amount, the ancillary benefit, the associate A benefit and the associate B benefit are reduced in respect of the superannuation interest of the member spouse.
 (8) In allocating the transfer amount to the non‑member spouse:
 (a) a proportion must be taken from:
 (i) any ancillary benefit and associate A benefit; and
 (ii) any associate B benefit; and
 (b) the proportion taken from each category of benefit must be the same as the category bears to the member spouse's original interest immediately before the payment split.
 (9) The total reduction of each category of benefit must be made in accordance with the benefit reduction factors and methodology developed and maintained by an actuary for these Rules.