Document ID: chunk:federal_register_of_legislation:F2023C01022:clause:2_2
Version: federal_register_of_legislation:F2023C01022
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 282900–284566

2  Method
 (1) If the superannuation interest is held as a result of employment in which the member spouse is still engaged at the relevant date, the method is:
 (a) if the benefit in respect of the interest is payable only as a lump sum—the method set out in Part 2 of this Schedule; and
 (b) if the benefit in respect of the interest is payable only as a pension—the method set out in Part 3 of this Schedule; and
 (c) if the benefit in respect of the interest is payable as a lump sum, a pension, or a combination of a lump sum and a pension—the method set out in Part 4 of this Schedule.
 (2) If the superannuation interest is held as a result of employment in which the member spouse is no longer engaged at the relevant date and, under the governing rules of the plan in which the interest is held, the benefit in respect of the interest is payable on or after the relevant date, the method is:
 (a) if the benefit in respect of the interest is payable only as a lump sum—the method set out in Part 5 of this Schedule; and
 (b) if the benefit in respect of the interest is payable only as a pension—the method set out in Part 6 of this Schedule; and
 (c) if the benefit in respect of the interest is payable as a lump sum, a pension, or a combination of a lump sum and a pension—the method set out in Part 7 of this Schedule.
 (3) For the purposes of subclause (1) and (2), a member spouse is taken to be engaged in employment at the relevant date if, at that date, the member spouse is on paid or unpaid leave from, or for any reason suspended in relation to, that employment.

Part 2—Interest relating to current employment—benefit payable only as lump sum