Family Law (Superannuation) Regulations 2025
108Specific information—the interest is subject to a payment split or flag
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108 Specific information—the interest is subject to a payment split or flag
For the purposes of paragraph 104(1)(c), the information that must be provided in relation to each payment split to which the superannuation interest is subject is as follows: (a) the operative time for the payment split; (b) if: (i) the payment split is under subparagraph 90XJ(1)(c)(i) or (ii) or 90YN(1)(c)(i) or (ii) of the Act, or under a splitting order made under paragraph 90XT(1)(a) or 90YY(1)(a) of the Act; and (ii) the interest was in the payment phase at the appropriate date; the amount that, under subsection 92(6) or 96(3) of this instrument, a person is entitled to be paid from each splittable payment that becomes payable in respect of the interest; (c) if the payment split is under subparagraph 90XJ(1)(c)(i) or 90YN(1)(c)(i) of the Act, or under a splitting order made under paragraph 90XT(1)(a) or 90YY(1)(a) of the Act, and the interest was in the growth phase at the appropriate date: (i) the base amount specified in the relevant superannuation agreement or flag lifting agreement in relation to the interest; and (ii) if applicable, the adjusted base amount applicable to the non‑member spouse at the appropriate date; (d) if the payment split is under subparagraph 90XJ(1)(c)(ii) or 90YN(1)(c)(ii) of the Act and the interest was in the growth phase at the appropriate date: (i) the amount set out in the document served on the trustee under paragraph 90XI(1)(b) or 90YM(1)(b) of the Act; and (ii) if applicable, the adjusted base amount applicable to the non‑member spouse at the appropriate date; (e) if the payment split is under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) of the Act or under a splitting order made under paragraph 90XT(1)(b) or 90YY(1)(b) of the Act—the specified percentage that is to apply to any splittable payment that becomes payable in respect of the interest.
Note: Subparagraphs (c)(ii) and (d)(ii) are referring to the person who is the non‑member spouse for the purposes of the payment split.