38Entitlement of non‑member spouse under the agreement—superannuation interest not in existence or in growth phase

38 Entitlement of non‑member spouse under the agreement—superannuation interest not in existence or in growth phase

(1) This section applies if the superannuation interest: (a) is not a small superannuation accounts interest; and (b) is not in existence at the date of the agreement, or is in the growth phase at the date of the agreement and is not in the payment phase at the date when the agreement is served on the trustee under section 90XI or 90YM of the Act. (2) The amount (if any) that the non‑member spouse is entitled to be paid in respect of the splittable payment is the amount calculated under Division 2 of Part 7.