Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p73
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 73/83)
Character Range: 589084–591732

a base amount applies — the base amount at the operative time is not more than the family law value or the scheme value.

16.2.2 Rule 16.2.2A applies if the most recent member information statement of a member spouse at the operative time did not show a debit in the member spouse's surcharge debt account.

16.2.2A For the definition of scheme value in Rule 16.1.2:

         (a) if the operative time was before the family law commencement day, the scheme value in relation to the member spouse is the family law value; and
         (b) if the operative time is on or after the family law commencement day:

             (i) the scheme value in relation to the member spouse is determined using the methods and factors set out in Division 8 as in force at the operative time; or

             (ii) if it is not possible to determine the scheme value using those methods and factors, the scheme value in relation to the member spouse is to be determined by an actuary appointed by CSC for this Rule.

16.2.2B Rules 16.2.2C to 16.2.2G apply if the most recent member information statement provided to a member spouse before the operative time (the statement) showed a debit in the member spouse's surcharge debt account.

16.2.2C For the definition of scheme value in Rule 16.1.2, and subject to Rules 16.2.2D to 16.2.2G:

         (a) if the operative time was before the family law commencement day, the scheme value in relation to the member spouse is the family law value; and
         (b) if the operative time is on or after the family law commencement day:

             (i) the scheme value in relation to the member spouse is determined using the methods and factors set out in Division 8 as in force at the operative time; or

             (ii) if it is not possible to determine the scheme value using those methods and factors, the scheme value in relation to the member spouse is to be determined by an actuary appointed by CSC for this Rule.

16.2.2D If:

         (a) it is necessary to work out the scheme value for the purpose of the definition of separation amount in Rule 16.1.2; and
         (b) the operative time is on or after the day on which this Rule commences;
the scheme value is the value identified under Rule 16.2.2C, reduced by the amount of the member spouse's surcharge debt shown in the statement.

16.2.2E If:

         (a) it is necessary to work out the scheme value for the purpose of the definition of separation factor in Rule 16.1.2; and
         (b) the operative time is on or after the day on which this Rule commences;
the scheme value is the value identified under Rule 16.2.2C.

16.2.2F If