(1) This section is made for the purposes of subsection 15(4) of the Act and applies to an account opened in the name of a non - member spouse on or after the commencement of this instrument.
(2) The balance of the account is the lesser of:
(a) the amount of the non - member spouse's interest specified in a splitting agreement or splitting order served on the Commissioner of Taxation; and
(b) the balance of the member spouse's account immediately before the payment split.