42Method for determining gross value—benefits paid as pension

#### 42 Method for determining gross value—benefits paid as pension (1) This regulation applies to the superannuation interest if the benefits in respect of the interest are being paid as a pension at the relevant date. (2) If the pension is payable for the life of the member spouse, the gross value of the superannuation interest at the relevant date is to be determined using: (a) if, under regulation 43A, the Minister has approved a method or factors to be used to determine the gross value of the interest—the approved method or factors; or (b) in any other case—the method set out in Schedule 4. (3) If the pension is payable for a fixed term only and the pension is not a market linked pension, the gross value of the superannuation interest at the relevant date is to be determined using the method set out in Schedule 5. (4) If the pension is an allocated pension, the gross value of the superannuation interest at the relevant date is to be the withdrawal benefit in relation to the member spouse at that date. (5) If the pension is a market linked pension, the gross value of the superannuation interest at the relevant date is the market linked pension account balance at that date.