37Application of this Division—agreements specifying a base amount or method for calculating a base amount

37 Application of this Division—agreements specifying a base amount or method for calculating a base amount

(1) This Division applies to a payment split under a superannuation agreement or flag lifting agreement in relation to a superannuation interest of a member spouse if: (a) the interest is not a percentage‑only interest; and (b) the agreement specifies an amount or a method in accordance with subparagraph 90XJ(1)(c)(i) or (ii), or 90YN(1)(c)(i) or (ii), of the Act.

Note: Paragraph (b) means the agreement is specifying a base amount, or method for calculating a base amount, in relation to the interest.

(2) For the purposes of paragraph 90XJ(4)(b) or 90YN(4)(b) of the Act, this Division enables the calculation of the amount that the non‑member spouse is entitled to be paid in respect of each splittable payment that becomes payable in respect of the interest.