52Amount to be paid to non‑member spouse—optional lump sum—payment of whole of adjusted base amount

#### 52 Amount to be paid to non‑member spouse—optional lump sum—payment of whole of adjusted base amount (1) This regulation applies in relation to the superannuation interest if: (a) benefits in respect of the interest are not payable as an allocated pension or a market linked pension; and (b) the member spouse or other person may, under the governing rules of the relevant eligible superannuation plan, choose (by way of a commutation of a pension payable to him or her, or otherwise) to take a lump sum that is at least the amount of the adjusted base amount applicable to the non‑member spouse at that time without losing the right to take the remaining part of the benefits in respect of the interest as a pension; and (c) the non‑member spouse has served a request, in accordance with Form 3 in Schedule 1, on the trustee of the plan requesting that the non‑member spouse be paid, as a lump sum, the whole of the adjusted base amount applicable to the non‑member spouse at the time the splittable payment becomes payable. (2) The member spouse must choose to be paid, as a lump sum, an amount that is at least the amount calculated in accordance with the following formula:  where: > ABA is the amount of the adjusted base amount applicable to the non‑member spouse at the date when the first splittable payment becomes payable in respect of the superannuation interest. > Comm has the same meaning as in subregulation 51(3). > Py+m has the same meaning as in subregulation 51(3). (3) The amount that the non‑member spouse is entitled to be paid in respect of the superannuation interest is the amount calculated in accordance with subregulation (2). (4) The non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.