28Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non‑member spouse

28 Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non‑member spouse

This section applies for the superannuation interest if: (a) the interest is in a public sector superannuation scheme (the original scheme); and (b) at or after the operative time in relation to the agreement or order, and under the governing rules of the original scheme or under the governing rules of another public sector superannuation scheme, a separate entitlement to benefits has arisen for the non‑member spouse: (i) in respect of the non‑member spouse’s entitlement under the agreement or order; and (ii) with a value of at least the value of the non‑member spouse’s entitlement for the superannuation interest at the time the separate entitlement arose; and (c) the interest was in the payment phase at the time the separate entitlement arose; and (d) where the interest is a defined benefit interest—the governing rules of the original scheme do not provide for the reduction of the benefit payable to any other member of the scheme (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of the non‑member spouse’s separate entitlement.