Commonwealth Consolidated Regulations

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 49

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

  (a)   the first splittable payment that the member spouse or other person is entitled to receive is a lump sum (other than a lump sum that the member spouse or other person may be entitled to receive because the member spouse or other person may choose, by way of a commutation of a pension payable to him or her, or otherwise, to take the whole, or a part, of the benefits in respect of the interest, as a lump sum); and

  (b)   the lump sum is equal to or more than the amount of the adjusted base amount applicable to the non - member spouse at the time the splittable payment becomes payable.

  (2)   The amount that the non - member spouse is entitled to be paid from the lump sum is the amount that is equal to the amount of the adjusted base amount applicable to the non - member spouse at that time.

  (3)   The non - member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.