31Method for determining gross value—accumulation interest (other than a partially vested accumulation interest)

31 Method for determining gross value—accumulation interest (other than a partially vested accumulation interest)

(1) If the whole of the superannuation interest is an accumulation interest (other than a partially vested accumulation interest), the gross value at the relevant date of the interest is to be determined in accordance with this regulation. (2) Subject to subregulation (2B), if: (a) a member information statement stating the value of the interest at the relevant date has been provided to the member spouse; and (b) evidence of the contents of the statement is before the court in the relevant proceeding; the gross value at the relevant date of the interest is the value of the interest stated in the statement. (2A) If: (a) a statement has been issued by the trustee of the plan in which the interest is held, being a statement that states the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest at the relevant date if the member spouse had voluntarily ceased to be a member of the plan on that date; and (b) evidence of the contents of the statement is before the court in the relevant proceeding; the gross value at the relevant date of the interest is the value of the interest stated in the statement. (2B) If: (a) evidence of the contents of a member information statement mentioned in subregulation (2) and a statement of the kind mentioned in subregulation (2A) is before the court in the relevant proceeding; and (b) the value of the interest stated in each statement is not the same; the gross value at the relevant date of the interest is the value of the interest stated in the statement mentioned in subregulation (2A). (3) If subregulation (2) or (2A) does not apply, the gross value of the interest at the relevant date is:

Start formula V1 plus start fraction open bracket V2 minus V1 close bracket times X over D end fraction end formula

where:

V1 is the sum of:

(a) the value of the interest at the first valuation date; and
(b) the value of any benefits rolled over, or transferred, by the member spouse to the plan in which the interest is held (other than regular contributions made by or for the member spouse to the plan) in the period between the first valuation date and the relevant date (excluding both those dates), less the value of any partial payment of benefits to the member made in that period.

V2 is the sum of:

(a) the value of the interest at the second valuation date; and
(b) the value of any partial payment of benefits made to the member in the period beginning on the day after the relevant date and ending at the end of the second valuation date, less the value of any benefits rolled over, or transferred, by the member spouse to the plan in which the interest is held (other than regular contributions made by or for the member spouse to the plan), and any interest earned on those benefits, in that period.