Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p10
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 24486–27180

a base amount payment split and an adjusted base amount applies to the non‑member spouse when the benefits are transferred—the adjusted base amount less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (b) if the payment split is a base amount payment split and an adjusted base amount does not apply to the non‑member spouse when the benefits are transferred—the base amount allocated to the non‑member spouse, within the meaning of regulation 45 of the Family Law (Superannuation) Regulations 2001, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (c) if the payment split is a percentage payment split:
 (i) for an entitlement in respect of an interest in the growth phase—the amount in relation to the interest at the time when the benefits are transferred, determined in the way in which a court would determine an amount in accordance with regulation 28 and subregulation 31(2A) of the Family Law (Superannuation) Regulations 2001 multiplied by the percentage specified in the relevant superannuation agreement, flag lifting agreement or splitting order, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (ii) for an entitlement in respect of any other interest—the amount in relation to the interest at the time when the benefits are transferred, determined in the way in which a court would determine an amount in accordance with the relevant method in Part 5 of the Family Law (Superannuation) Regulations 2001, multiplied by the percentage specified in the relevant superannuation agreement, flag lifting agreement or splitting order, less the amount of any fees payable by the non‑member spouse in respect of the payment split.
withdrawal benefit, in relation to an RSA holder, means the total amount of the benefits that would be payable:
 (a) to the RSA holder; and
 (b) in respect of the RSA holder, to:
 (i) another RSA; or
 (ii) the trustee of a superannuation entity or an EPSSS; and
 (c) to another person or entity because of a payment split in respect of the RSA holder's interest in the RSA;
if the RSA holder voluntarily ceased to be an RSA holder.
 (2) For the purposes of the definition of protected RSA holder in subregulation (1), a benefit in an RSA is taken to contain or to have contained mandated employer‑financed benefits unless the RSA provider knows otherwise.

1.04  Eligible person—section 13 of the Act
  For the purposes of section 13 of the Act, the criterion that the person must be an individual is prescribed.

1.05  Approved auditor
  For the purposes of the definition of approved auditor in section 16 of the