16Entitlement of non‑member spouse—superannuation interest not in existence or in growth phase

#### 16 Entitlement of non‑member spouse—superannuation interest not in existence or in growth phase (1) This regulation applies if the superannuation interest: (a) is not a small superannuation accounts interest; and (b) is not in existence at the date of the agreement, or is in the growth phase at the date of the agreement and is not in the payment phase at the date when the agreement is served on the trustee under section 90XI or 90YM of the Act. (2) The amount (if any) that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the superannuation interest is the amount calculated in accordance with Division 6.2.