Commonwealth Consolidated Regulations

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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 43

Method for determining gross value--benefits paid as pension and lump sum also payable

  (1)   This regulation applies to the superannuation interest if:

  (a)   part of the benefits in respect of the interest is being paid as a pension at the relevant date; and

  (b)   the remaining part of the benefits is payable as a lump sum (whether at the relevant date or at any time after that date) that is not a commutation of the pension.

  (2)   If the lump sum is payable at the relevant date, the gross value of the superannuation interest at the relevant date is to be determined by adding:

  (a)   the gross value of the pension, determined using the relevant method set out in regulation   42; and

  (b)   the amount of the lump sum.

  (3)   If the lump sum is payable at any time after the relevant date, the gross value of the superannuation interest at the relevant date is to be determined using the method set out in Schedule   6.


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