Commonwealth Consolidated Regulations

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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 23

Entitlement of non - member spouse--interests other than small superannuation accounts interests

  (1)   This regulation applies if:

  (a)   the splitting order is made under paragraph   90XT(1)(a) or 90YY(1)(a) of the Act; and

  (b)   the superannuation interest in respect of which the order is made is not a small superannuation accounts interest.

  (2)   The amount that the non - member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the superannuation interest is:

  (a)   if the interest is in the growth phase at the date of the splitting order--the amount calculated in accordance with Division   6.2; and

  (b)   if the interest is in the payment phase at the date of the splitting order--the amount calculated in accordance with Division   6.3.


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