95Member spouse is in receipt of a pension or associate pension

95 Member spouse is in receipt of a pension or associate pension

(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) either: (i) the splitting agreement or splitting order has an operative time on or after the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004; or (ii) the splitting agreement or splitting order has an operative time earlier than the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004, and no benefits have become payable before that time in respect of the original interest to which the agreement or order relates; and (c) at the operative time the member spouse receives: (i) a pension, other than a pension payable in respect of a child; or (ii) an associate pension; and (d) the member spouse and the non‑member spouse are both alive at the operative time; and (e) if a base amount applies—the base amount at the operative time is not more than the family law value or the scheme value. (2) The non‑member spouse in relation to the splitting agreement or splitting order is entitled to an associate pension from the operative time at a rate calculated under rule 99 by reference to the transfer amount in relation to a pension or associate pension.

Note: The associate pension for the non‑member spouse does not include a reversionary component and therefore ceases on the death of the non‑member spouse.

(3) The annual rate of the pension payable to the member spouse is reduced to the amount calculated under rule 100.

Note: If a member in receipt of a pension was, for the purposes of family law superannuation splitting, a non‑member spouse in relation to another member of the Scheme who was also in receipt of a pension at the operative time, the first‑mentioned member may receive an associate pension.

Note: A person who receives an associate pension does not become a member but a member who receives an associate pension in addition to a pension under the Scheme remains a member.

(4) Where a member spouse is in receipt of a pension and also has a preserved benefit, an ancillary benefit or both, the preserved benefit is to be split in accordance with rule 90 and the ancillary benefit is to be split in accordance with rule 91.