94Member spouse is member who has ancillary benefit or associate benefit

94 Member spouse is member who has ancillary benefit or associate benefit

(1) This rule applies if: (a) CSC receives a splitting agreement or a splitting order in respect of the superannuation interest of a member spouse; and (b) the member spouse: (i) is a member of the Scheme or a former member with preserved member benefit or preserved employer benefit; and (ii) has ancillary benefit, associate A benefit or associate B benefit; and (c) a pension is not payable in respect of the interest at the operative time; and (d) the splitting agreement or splitting order provides for the splitting of the member spouse’s superannuation interest as a whole and does not differentiate the member spouse’s superannuation interest as a member or the interest that is preserved member benefit or preserved employer benefit from the member spouse’s superannuation interest that is ancillary benefit, associate A benefit or associate B benefit; and (e) the member spouse and the non‑member spouse are both alive at the operative time; and (f) if a base amount applies—the base amount at the operative time is not more than the family law value or scheme value of the member interest and any ancillary interest and associate interest. (2) CSC must determine a proportion of the transfer amount in relation to 2 categories of interest: (a) the member spouse’s superannuation interest as a member, the preserved member benefit or preserved employer benefit; and (b) the ancillary benefit, associate A benefit or associate B benefit; and the proportion for each category of interest must be the same as the category bears to the member spouse’s total superannuation interest immediately before the payment split. (3) Rule 90 is to be used in respect of the proportion of the transfer amount determined for paragraph (2)(a) and rule 91 is to be used in respect of the proportion of the transfer amount determined for paragraph (2)(b) as if the amounts determined by CSC were amounts specified in the splitting agreement or splitting order.

Note: If CSC receives a splitting agreement or a splitting order that differentiates between member benefit or preserved benefit and ancillary benefit or associate benefit, the agreement or order will be given effect under rule 90 in respect of the member benefit or preserved benefit and under rule 91 in respect of any ancillary benefit or associate benefit.