39Entitlement of non‑member spouse under the agreement—superannuation interest in payment phase

39 Entitlement of non‑member spouse under the agreement—superannuation interest in payment phase

(1) This section applies if the superannuation interest: (a) is not a small superannuation accounts interest; and (b) is in the payment phase at the date of the agreement or the date when the agreement is served on the trustee under section 90XI or 90YM of the Act. (2) The amount that the non‑member spouse is entitled to be paid in respect of the splittable payment is the amount calculated under Division 3 of Part 7.