3ATotal amount standing to credit of member spouse if benefit were fully vested at relevant date

#### 3A Total amount standing to credit of member spouse if benefit were fully vested at relevant date (1) For subclause 2(1), this clause sets out how to determine the amount (A) that would be the total amount standing to the credit of the member spouse in respect of the superannuation interest if the benefit in respect of the interest were fully vested at the relevant date. (2) If evidence is before the court in the relevant proceeding of the contents of a member information statement that states the total member credit at the relevant date, the amount (A) is the total member credit stated in the statement. (3) If subclause (2) does not apply, the amount (A) is:  where: > A1 is the sum of: (a) the total member credit 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. > A2 is the sum of: (a) the total member credit 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. > X is the number of days in the period between the first valuation date and the relevant date (excluding both those dates). > D is the number of days in the period beginning on the day after the first valuation date and ending at the end of the second valuation date. (4) For the purpose of determining the amount (A) under subclause (3): (a) if, in relation to the interest, evidence of the contents of one member information statement only is before the court in the relevant proceeding, and the relevant date is after the valuation date stated in that statement: (i) the first valuation date is the valuation date stated in that statement; and (ii) the total member credit at the first valuation date is the total member credit stated in that statement; and (iii) the second valuation date is a date after the relevant date that is within 28 days before the date when the valuation of the interest is being carried out; and (iv) the total member credit at the second valuation date is the total member credit at that date; and (b) if, in relation to the interest, evidence of the contents of 2 member information statements is before the court in the relevant proceeding, and the relevant date is between the valuation date stated in one of those statements (the first statement) and the valuation date stated in the other statement (the second statement): (i) the first valuation date is the valuation date stated in the first statement; and (ii) the total member credit at the first valuation date is the total member credit stated in the first statement; and (iii) the second valuation date is the valuation date stated in the second statement; and (iv) the total member credit at the second valuation date is the total member credit stated in the second statement; and (c) if, in relation to the interest, evidence of the contents of one member information statement only is before the court in the relevant proceeding, and the relevant date is before the valuation date stated in that statement: (i) the first valuation date is the date when the interest was acquired by the member spouse; and (ii) the total member credit at the first valuation date is the total member credit at that date; and (iii) the second valuation date is the valuation date stated in the statement; and (iv) the total member credit at the second valuation date is the total member credit stated in the statement; and (d) in any other case: (i) the first valuation date is the date when the interest was acquired by the member spouse; and (ii) the total member credit at the first valuation date is the total member credit at that date; and (iii) the second valuation date is a date after the relevant date that is within 28 days before the date when the valuation of the interest is being carried out; and (iv) the total member credit at the second valuation date is the total member credit at that date. (5) For subparagraphs (4)(a)(iv) and (d)(iv), the total member credit at the second valuation date includes: (a) any amount payable under an earlier payment split that applies in respect of the interest; and (b) the amount of any surcharge debt of the member spouse in respect of the interest. (6) In this clause: > total member credit, in relation to a superannuation interest of a member spouse and a date, means the total amount that would be standing to the credit of the member spouse in respect of the interest if the benefit in respect of the interest were fully vested at that date. > valuation date, in relation to a superannuation interest to which a member information statement applies, means the date as at which the total member credit in respect of the interest is stated in the statement.