Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if the trustee pays an amount to the non - member spouse.
(2) In paying the amount to the non - member spouse:
(a) a proportion must be taken from the unrestricted non - preserved benefits, the restricted non - preserved benefits and the preserved benefits of the member spouse; and
(b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse's interest immediately before the amount was paid.