Section 85 - Family Law (Superannuation) Regulations 2025 - Amount to be paid to non‑member spouse—no benefit payable only as a lump sum, or first splittable payment is not a lump sum

Section 85 - Family Law (Superannuation) Regulations 2025 - Amount to be paid to non‑member spouse—no benefit payable only as a lump sum, or first splittable payment is not a lump sum | Zoe

85 Amount to be paid to non‑member spouse—no benefit payable only as a lump sum, or first splittable payment is not a lump sum

(1) This section applies for the superannuation interest if: (a) both: (i) benefits in respect of the interest are not payable as an allocated pension or a market linked pension; and (ii) no benefit is payable to the member spouse or other person as a lump sum (including a lump sum that the member spouse or other person may choose to take, by way of a commutation of a pension, in respect of the whole, or a part, of the benefits in respect of the interest); or (b) the first splittable payment that the member spouse or other person is entitled to receive is not a lump sum, but a lump sum is payable in respect of the interest at a later time. (2) 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 superannuation interest is equal to: Start formula start fraction Adjusted base amount times Splittable payment amount times Transition factor over Deemed value of the interest were it in payment phase at adjusted date 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 becomes payable in respect of the superannuation interest.

splittable payment amount means the amount of the relevant splittable payment.

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.

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.

85Amount to be paid to non‑member spouse—no benefit payable only as a lump sum, or first splittable payment is not a lump sum

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85 Amount to be paid to non‑member spouse—no benefit payable only as a lump sum, or first splittable payment is not a lump sum