82 Amount to be paid to non‑member spouse—optional lump sum from remaining benefits
(1) This section applies for the superannuation interest if:
(a) the non‑member spouse is entitled to be paid the amount of a lump sum under paragraph 81(2)(a) in respect of the interest; and
(b) the member spouse or other person may, under the governing rules of the relevant eligible superannuation plan, choose (by way of a commutation of a pension or otherwise) to take the whole or a part of the remaining benefits in respect of the interest as a lump sum; and
(c) the non‑member spouse has served a request:
(i) in accordance with Form 2 in Schedule 1; and
(ii) on the trustee of the plan;
for the non‑member spouse to be paid, as a lump sum, the whole or a proportion of the remaining adjusted base amount applicable to the non‑member spouse for the interest at the date the splittable payment became payable; and
(d) any choice by the member spouse or other person to be paid the amount requested by the non‑member spouse will not cause the member spouse or other person to lose the right to take the remaining part of the benefits in respect of the interest as a pension.
Non‑member spouse requests whole of remaining adjusted base amount to be paid as a lump sum
(2) If the request under paragraph (1)(c) is for the non‑member spouse to be paid, as a lump sum, the whole of the remaining adjusted base amount applicable to the non‑member spouse for the interest at the date the splittable payment became payable:
(a) the member spouse or other person must choose to be paid, as a lump sum, an amount that is at least the amount calculated under subsection (3); and
(b) the non‑member spouse is entitled to be paid that amount; and
(c) the non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.
(3) For the purposes of paragraph (2)(a), the amount is:
Start formula start fraction open bracket Adjusted base amount minus Initial lump sum close bracket times Commutation factor for the interest times Transition factor over Pension valuation factor for the interest end fraction end formula
where:
adjusted base amount means the adjusted base amount applicable to the non‑member spouse for the interest at the date the first splittable payment became payable in respect of the superannuation interest.
initial lump sum means the amount of the lump sum paid to the non‑member spouse under paragraph 81(2)(a).
transition factor means:
(a) if under section 62 or 70 the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; or
(b) if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:
(i) as a pension for the life of the member spouse; but
(ii) not due to the member spouse’s invalidity;
the factor determined using the method set out in Schedule 11 for the superannuation interest; or
(c) if neither paragraph (a) nor (b) applies—1.
Note: For the meanings of commutation factor and pension valuation factor, see section 72.
Non‑member spouse requests proportion of remaining adjusted base amount to be paid as a lump sum
(4) If the request under paragraph (1)(c) is for the non‑member spouse to be paid, as a lump sum, a proportion of the remaining adjusted base amount applicable to the non‑member spouse at the date the splittable payment became payable:
(a) the member spouse or other person must choose to be paid, as a lump sum, an amount (the member’s lump sum) that is at least the amount calculated under subsection (5) (the minimum lump sum); and
(b) the non‑member spouse is entitled to be paid an amount equal to the minimum lump sum; and
(c) the non‑member spouse is also entitled to be paid an amount, calculated under subsection (6), from:
(i) if the member’s lump sum exceeds the minimum lump sum—the amount of the excess; and
(ii) each other splittable payment that becomes payable in respect of the superannuation interest.
(5) For the purposes of paragraph (4)(a), the minimum lump sum is:
Start formula start fraction open bracket open bracket Adjusted base amount minus Initial lump sum close bracket times Proportion close bracket times Commutation factor for the interest times Transition factor over Pension valuation factor for the interest end fraction end formula
where:
adjusted base amount means the amount of the adjusted base amount applicable to the non‑member spouse for the interest at the date the first splittable payment became payable in respect of the superannuation interest.
initial lump sum means the amount of the lump sum paid to the non‑member spouse under paragraph 81(2)(a).
proportion means the proportion of the adjusted base amount that the non‑member spouse has requested under paragraph (1)(c) to be paid, as a lump sum, to the non‑member spouse.
transition factor means:
(a) if under section 62 or 70 the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; or
(b) if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:
(i) as a pension for the life of the member spouse; but
(ii) not due to the member spouse’s invalidity;
the factor determined using the method set out in Schedule 11 for the superannuation interest; or
(c) if neither paragraph (a) nor (b) applies—1.
Note: For the meanings of commutation factor and pension valuation factor, see section 72.
(6) For the purposes of paragraph (4)(c), the amount is equal to:
Start formula start fraction open bracket open bracket Adjusted base amount minus Initial lump sum close bracket times open bracket 1 minus Proportion close bracket close bracket times Splittable payment amount times Transition factor over Remaining value of the superannuation interest end fraction end formula
where:
adjusted base amount means the amount of the adjusted base amount applicable to the non‑member spouse for the interest at the date the first splittable payment became payable in respect of the superannuation interest.
initial lump sum means the amount of the lump sum paid to the non‑member spouse under paragraph 81(2)(a).
proportion means the proportion of the adjusted base amount that the non‑member spouse has requested under paragraph (1)(c) to be paid, as a lump sum, to the non‑member spouse.
splittable payment amount means:
(a) if under subparagraph (4)(c)(i) the member’s lump sum exceeds the minimum lump sum—the amount of the excess; or
(b) the amount of the other splittable payment (see subparagraph (4)(c)(ii)).
transition factor means:
(a) if under section 62 or 70 the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; or
(b) if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:
(i) as a pension for the life of the member spouse; but
(ii) not due to the member spouse’s invalidity;
the factor determined using the method set out in Schedule 11 for the superannuation interest; or
(c) if neither paragraph (a) nor (b) applies—1.
remaining value of the superannuation interest means the remaining value of the superannuation interest after the payment of the lump sums to the non‑member spouse under paragraph 81(2)(a) and paragraph (4)(c) of this section, calculated under subsection (7) of this section.
(7) For the purposes of subsection (6), the remaining value of the superannuation interest after the payment of the lump sums to the non‑member spouse under paragraph 81(2)(a) and paragraph (4)(c) of this section is the amount equal to:
Start formula Deemed value of the interest were it in payment phase at adjusted date minus Initial lump sum minus open bracket start fraction Other lump sum times Pension valuation factor for the interest over Commutation factor for the interest times Transition factor end fraction close bracket end formula
where:
deemed value of the interest were it in payment phase at adjusted date means the amount that would be calculated under section 64 for the superannuation interest if references in Division 2 of Part 6 to the relevant date were references to the date the first splittable payment became payable in respect of the superannuation interest.
initial lump sum means the amount of the lump sum paid to the non‑member spouse under paragraph 81(2)(a).
other lump sum means the amount of the lump sum paid to the non‑member spouse under paragraph (4)(b).
transition factor means:
(a) if under section 62 or 70 the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; or
(b) if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:
(i) as a pension for the life of the member spouse; but
(ii) not due to the member spouse’s invalidity;
the factor determined using the method set out in Schedule 11 for the superannuation interest; or
(c) if neither paragraph (a) nor (b) applies—1.
Note: For the meanings of commutation factor and pension valuation factor, see section 72.
Section 82 - Family Law (Superannuation) Regulations 2025 - Amount to be paid to non‑member spouse—optional lump sum from remaining benefits | Zoe