Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:23:p2
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 23 (pt 2/2)
Character Range: 76239–77990

spouse an amount equal to the value of the non‑member spouse's entitlement for the superannuation interest at the time of the payment.

Member spouse being paid a pension and trustee pays the non‑member spouse an amount equal to the non‑member spouse's entitlement
 (4) This section applies for the superannuation interest if:
 (a) the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and
 (b) at the operative time in relation to the agreement or order, the member spouse was being paid a pension in respect of the interest; and
 (c) the trustee of the relevant eligible superannuation plan has, in respect of the non‑member spouse's entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse's entitlement for the superannuation interest at the time of the payment.

Trustee pays the non‑member spouse an amount equal to the non‑member spouse's entitlement
 (5) This section applies for the superannuation interest if:
 (a) the interest is in a superannuation fund that is neither a regulated superannuation fund nor an exempt public sector superannuation scheme; and
 (b) the trustee of the relevant eligible superannuation plan has, in respect of the non‑member spouse's entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse's entitlement for the superannuation interest at the time of the payment.

Trustee need not have done anything mentioned in this section
 (6) To avoid doubt, nothing in a subsection of this section requires the trustee of the relevant eligible superannuation plan to do something mentioned in that subsection.