45AAdjustment of base amount

#### 45A Adjustment of base amount (1) For the purpose of calculating: (a) 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 a superannuation interest in the growth phase that is subject to a payment split; or (b) the value of the non‑member spouse’s entitlement under a superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest in the growth phase; the base amount allocated to the non‑member spouse in relation to the interest must be adjusted by the trustee of the eligible superannuation plan in which the interest is held for each adjustment period applicable to the interest under this Division. (2) After each applicable adjustment period, the trustee must, if necessary, adjust the base amount in accordance with the rate of interest that applied to the superannuation interest in that adjustment period under regulation 45D. > Note: Depending on the rate of interest that applied to the superannuation interest in an adjustment period, the base amount may be adjusted by a positive amount or a negative amount or, if the rate was nil, not adjusted. (3) For this regulation, a superannuation interest is in the growth phase if: (a) in the case of an interest that is identified in a superannuation agreement or flag lifting agreement—the interest was in the growth phase at the date when the agreement was served on the trustee under section 90XI or 90YM of the Act; and (b) in the case of an interest in relation to which a splitting order applies—the interest was in the growth phase at the date of the order.