Section 83 - Family Law (Superannuation) Regulations 2025 - Amount to be paid to non‑member spouse—optional lump sum relating to the whole of the adjusted base amount

Section 83 - Family Law (Superannuation) Regulations 2025 - Amount to be paid to non‑member spouse—optional lump sum relating to the whole of the adjusted base amount | Zoe

83 Amount to be paid to non‑member spouse—optional lump sum relating to the whole of the adjusted base amount

(1) This section applies for the superannuation interest if: (a) benefits in respect of the interest are not payable as an allocated pension or a market linked pension; 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 a lump sum: (i) of an amount that is at least the adjusted base amount applicable to the non‑member spouse for the interest at the date the splittable payment becomes payable; and (ii) without losing the right to take the remaining part of the benefits in respect of the interest as a pension; and (c) the non‑member spouse has served a request, in accordance with Form 3 in Schedule 1, on the trustee of the plan requesting that the non‑member spouse be paid, as a lump sum, the whole of that adjusted base amount. (2) The member spouse must choose to be paid, as a lump sum, an amount equal to: Start formula start fraction Adjusted base amount 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.

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.

(3) The amount that the non‑member spouse is entitled to be paid in respect of the superannuation interest is the same as the amount calculated under subsection (2). (4) The non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.

83Amount to be paid to non‑member spouse—optional lump sum relating to the whole of the adjusted base amount

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83 Amount to be paid to non‑member spouse—optional lump sum relating to the whole of the adjusted base amount