if the superannuation interest is in a regulated superannuation fund or an exempt public sector superannuation scheme—a condition of release mentioned in item 101, 102, 102A, 103 or 106 of Schedule 1 to the SIS Regulations; and

if the superannuation interest is in an approved deposit fund—a condition of release mentioned in item 201, 202, 202A, 203 or 206 of Schedule 1 to the SIS Regulations; and

if the superannuation interest is in an RSA—a condition of release mentioned in item 101, 102, 102A, 103 or 106 of Schedule 2 to the RSA Regulations; and

if the superannuation interest is in a superannuation annuity—a condition of release mentioned in item 201, 202, 202A, 203 or 206 of Schedule 1 to the SIS Regulations.

(a) the definition of permanent incapacity in regulation 1.03C of the SIS Regulations; and

subregulation 6.01(7) of the SIS Regulations;

to a member is taken to be a reference to the non-member spouse.

(a) the definition of permanent incapacity in subregulation 4.01(2) of the RSA Regulations; and

subregulation 4.01(4) of the RSA Regulations;

to an RSA holder is taken to be a reference to the non-member spouse.

a superannuation agreement, flag lifting agreement or splitting order applies to the superannuation interest; and

the payment is made after the requirements of:

a Subdivision of Division 3 or 4; or

Division 5;

are met for the non-member spouse’s entitlement under that agreement or order in respect of the interest.

the interest is not a percentage-only interest; and

subsection (2) or (3) applies for the interest.

created a new interest in the plan for the non-member spouse;

transferred or rolled over an amount equal to the value of the benefit that the non-member spouse would be required to have if a new interest had been created for the non-member spouse under the payment split provisions of the SIS Regulations;

paid to the non-member spouse the amount that the non-member spouse is entitled in respect of the superannuation interest at the time of the payment.

opened a new RSA for the non-member spouse;

transferred or rolled over an amount equal to the value that the non-member spouse would be required to have if a new RSA had been opened for the non-member spouse under the payment split provisions of the RSA Regulations;

paid to the non-member spouse an amount that is at least the amount to which the non-member spouse is entitled in respect of the superannuation interest at the time of the payment.

the interest:

is not a percentage-only interest; and

is in a superannuation fund or an approved deposit fund; and

either of the following sections applies for the interest:

section 23 (main circumstances);

section 24 (public sector superannuation schemes in which a separate entitlement arises for the non-member spouse).

the interest is a defined benefit interest; and

the governing rules of the relevant eligible superannuation plan provide for the reduction of the benefit payable to any other member of the plan (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of:

the creation of a new interest for the non-member spouse; or

the transfer or rollover of an amount to be held for the benefit of the non-member spouse; or

the payment of an amount to the non-member spouse.

the interest is not a defined benefit interest in a self managed superannuation fund; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order and under the governing rules of the plan, done either of the following things:

created a new interest in the plan for the non-member spouse with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time the new interest is created;

transferred or rolled over to another superannuation fund or an RSA an amount, to be held for the benefit of the non-member spouse, with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time the amount is transferred or rolled over.

Defined benefit interest in a SMSF—trustee transfers or rolls over an amount, with a value at least as much as the non-member spouse’s entitlement

the interest is a defined benefit interest in a self managed superannuation fund; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order and under the governing rules of the plan, transferred or rolled over to another superannuation fund or an RSA an amount:

to be held for the benefit of the non-member spouse; and

with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time the amount is transferred or rolled over.

Non-member spouse satisfies relevant condition of release and trustee pays that spouse an amount equal to the non-member spouse’s entitlement

the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and

the non-member spouse has satisfied a relevant condition of release in relation to the interest; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment.

Member spouse being paid a pension and trustee pays the non-member spouse an amount equal to the non-member spouse’s entitlement

the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and

at the operative time in relation to the agreement or order, the member spouse was being paid a pension in respect of the interest; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment.

Trustee pays the non-member spouse an amount equal to the non-member spouse’s entitlement

the interest is in a superannuation fund that is neither a regulated superannuation fund nor an exempt public sector superannuation scheme; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment.

Trustee need not have done anything mentioned in this section

if a base amount applies in relation to the interest—the value calculated under subsection (2) or (3) of this section; or

if, under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii), or paragraph 90XT(1)(b) or 90YY(1)(b), of the Act, a specified percentage is to apply to all splittable payments in respect of the interest—the value calculated under subsection (4) of this section.

Value—if a base amount applies in relation to the interest

the termination time occurs before the first payment, that apart from this section would be a splittable payment, becomes payable in respect of the superannuation interest; or

one or more payments, that apart from this section would be splittable payments, become payable in respect of the superannuation interest after the termination time, and the amount of the first such payment exceeds:

if there is an adjusted base amount applicable to the non-member spouse at the termination time—the sum of the adjusted base amount and the amount of any fees payable by the non-member spouse under section 98; or

otherwise—the sum of the base amount applicable to the non-member spouse at the termination time and the amount of any fees payable by the non-member spouse under section 98;

the value of the non-member spouse’s entitlement for the interest at the termination time is, as the case requires:

the base amount specified by, or calculated in accordance with a method specified by, the relevant agreement or order; or

the base amount allocated to the non-member spouse under subsection 90XT(4) or 90YY(5) of the Act; or

the adjusted base amount applicable to the non-member spouse at the termination time.

for a superannuation interest in a self managed superannuation fund—the value of the interest at the termination time, determined by the method the court would consider appropriate if it were determining the value of the interest under paragraph 90XT(2)(b) or 90YY(2)(b) of the Act; or

otherwise—the value of the superannuation interest, being the amount in relation to the interest at the termination time, calculated under Division 2 of Part 6 of this instrument as if references in that Division to “the relevant date” were references to “the termination time”.

fees means the amount of any fees payable by the non-member spouse under section 98.

Value—specified percentage is to apply to all splittable payments in respect of the interest

if the entitlement is in respect of an interest that is neither:

an accumulation interest (other than a partially vested accumulation interest); nor

an interest in a self managed superannuation fund;

the amount in relation to the interest at the termination time that a court would determine under Part 6; or

if the entitlement is in respect of an accumulation interest other than:

a partially vested accumulation interest; or

an interest in a self managed superannuation fund;

the amount in relation to the interest at the termination time that a court would determine under Part 6 if item 3 of the table in section 51, and subsection 53(2), applied for the interest; or

if the entitlement is in respect of an interest in a self managed superannuation fund—the value of the interest at the termination time, determined by the method that the court would consider appropriate if it were determining the value of the interest under paragraph 90XT(2)(b) or 90YY(2)(b) of the Act.

the interest:

is a percentage-only interest; and

is in a superannuation fund or an approved deposit fund; and

either of the following sections applies for the interest:

section 27 (main circumstances);

section 28 (public sector superannuation schemes in which a separate entitlement arises for the non-member spouse).

the interest is a defined benefit interest; and

the governing rules of the relevant eligible superannuation plan provide for the reduction of the benefit payable to any other member of the plan (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of:

the creation of a new interest for the non-member spouse; or

the transfer or rollover of an amount to be held for the benefit of the non-member spouse; or

the payment of an amount to the non-member spouse.

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order and under the governing rules of the plan, done either of the following things:

created a new interest in the plan for the non-member spouse with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time the new interest is created;

transferred or rolled over to another superannuation fund or an RSA an amount, to be held for the benefit of the non-member spouse, with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time the amount is transferred or rolled over; and

the interest was in the payment phase at the time the thing was done.

Non-member spouse satisfies relevant condition of release and trustee pays that spouse an amount at least equal to the non-member spouse’s entitlement

the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and

the non-member spouse has satisfied a relevant condition of release in relation to the interest; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment; and

the interest was in the payment phase at the time of the payment.

Member spouse being paid a pension and trustee pays the non-member spouse an amount at least equal to the non-member spouse’s entitlement

the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and

at the operative time in relation to the agreement or order, the member spouse was being paid a pension in respect of the interest; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment.

Trustee pays the non-member spouse an amount equal to the non-member spouse’s entitlement

the interest is in a superannuation fund that is neither a regulated superannuation fund nor an exempt public sector superannuation scheme; and

the trustee of the relevant eligible superannuation plan has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount with a value of at least the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment; and

the interest was in the payment phase at the time of the payment.

Trustee need not have done anything mentioned in this section

the value at that time calculated in accordance with Part 2 of Schedule 2, if:

the superannuation agreement or flag lifting agreement identified the percentage that was to apply for the purposes of subparagraph 90XJ(1)(b)(i) or 90YN(1)(b)(i) of the Act; and

the splitting order was made under paragraph 90XT(1)(c) or 90YY(1)(c) of the Act; or

the value at that time calculated in accordance with Part 3 of Schedule 2, if:

the superannuation agreement or flag lifting agreement identified a percentage that was to apply for the purposes of subparagraph 90XJ(1)(b)(ii) or 90YN(1)(b)(ii) of the Act; and

the splitting order was made under paragraph 90XT(1)(b) or 90YY(1)(b) of the Act.

Subdivision B—New deferred annuity established, or amount transferred or rolled over or paid, by trustee of deferred annuity in satisfaction of non-member spouse’s entitlement under agreement or order

the non-member spouse has satisfied a relevant condition of release in relation to the interest; and

the trustee of the superannuation annuity has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment; and

the interest is in the growth phase at the time of the payment.

Trustee transfers or rolls over an amount with a value equal to the non-member spouse’s entitlement

the trustee of the superannuation annuity has, in respect of the non-member spouse’s entitlement under the agreement or order, transferred or rolled over to a superannuation fund or an RSA an amount:

to be held for the benefit of the non-member spouse; and

with a value equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time the amount is transferred or rolled over; and

the interest is in the growth phase at the time the amount is transferred or rolled over.

Trustee establishes new deferred annuity with a value equal to the non-member spouse’s entitlement

the trustee of the superannuation annuity has, in respect of the non-member spouse’s entitlement under the agreement or order, established a new deferred annuity that:

provides for the payment of benefits to the non-member spouse; and

commences no earlier than the time when, if the new deferred annuity were taken to be an approved deposit fund for the purposes of Part 6 of the SIS Regulations, that Part would permit or require the payment of benefits from the approved deposit fund; and

has a value equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time the new deferred annuity is established; and

the interest is in the growth phase at the time the new deferred annuity is established.

the trustee of the superannuation annuity is taken to have established a new deferred annuity for the benefit of the non-member spouse if the trustee has entered into an agreement with the non-member spouse to provide such an annuity for the non-member spouse’s benefit; and

the new deferred annuity is taken to have been established on the date that agreement is entered into.

Trustee establishes new annuity, that is a non-commutable income stream, with a value equal to the non-member spouse’s entitlement

the trustee of the superannuation annuity has, in respect of the non-member spouse’s entitlement under the agreement or order, established a new annuity for the benefit of the non-member spouse that:

is a non-commutable income stream (within the meaning of the SIS Regulations); and

has a value equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time the new annuity is established; and

the interest is in the growth phase at the time the new annuity is established.

the trustee of the superannuation annuity is taken to have established a new annuity (being an annuity that is a non-commutable income stream) for the benefit of the non-member spouse if:

the trustee has entered into an agreement with the non-member spouse to provide such an annuity for the non-member spouse’s benefit; or

the trustee has paid to another annuity provider an amount equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time the payment is made, for the purpose of that annuity provider providing such an annuity for the non-member spouse’s benefit; and

the new annuity is taken to have been established:

if subparagraph (a)(i) applies—on the date the agreement between the trustee and the non-member spouse is entered into; or

if subparagraph (a)(ii) applies—on the date the amount mentioned in that subparagraph is paid to the annuity provider by the trustee.

Trustee need not have done anything mentioned in this section

the trustee of the superannuation annuity has, in respect of the non-member spouse’s entitlement under the agreement or order, paid to the non-member spouse an amount equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time of the payment; and

the interest:

was in the payment phase at the operative time in relation to the agreement or order; and

is in the payment phase at the time of the payment.

Trustee transfers or rolls over an amount with a value equal to the non-member spouse’s entitlement

the trustee of the superannuation annuity has, in respect of the non-member spouse’s entitlement under the agreement or order, transferred or rolled over to a superannuation fund or an RSA an amount to be held for the benefit of the non-member spouse; and

the value of that amount is equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time that amount is transferred or rolled over; and

the interest is in the payment phase at the time that amount is transferred or rolled over.

Trustee establishes new annuity with a value equal to the non-member spouse’s entitlement

(a) the trustee of the superannuation annuity has, in respect of the non-member spouse’s entitlement under the agreement or order, established any of the following new annuities (an eligible annuity) for the benefit of the non-member spouse:

an allocated annuity;

a market linked annuity;

a fixed term annuity;

a lifetime annuity; and

the new annuity has a value equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time the new annuity is established; and

the interest is in the payment phase at the time the new annuity is established.

the trustee of the superannuation annuity is taken to have established an eligible annuity for the benefit of the non-member spouse if either of the following things have occurred:

the trustee has entered into an agreement with the non-member spouse to provide an eligible annuity for the benefit of the non-member spouse;

the trustee has paid to another annuity provider an amount equal to the value of the non-member spouse’s entitlement for the superannuation interest at the time the payment is made, for the purpose of that annuity provider providing an eligible annuity for the benefit of the non-member spouse; and

the eligible annuity is taken to have been established:

if subparagraph (a)(i) applies—on the date the agreement between the trustee and the non-member spouse is entered into; or

if subparagraph (a)(ii) applies—on the date the amount mentioned in subparagraph (a)(ii) is paid to the annuity provider by the trustee.

Trustee need not have done anything mentioned in this section

the superannuation interest is in a superannuation annuity that is a fixed term annuity or a lifetime annuity; and

the non-member spouse’s entitlement arises under a superannuation agreement, a flag lifting agreement or a splitting order; and

the Minister has not approved, under section 70, a method or factors for determining the gross value of the superannuation interest;

the value of the non-member spouse’s entitlement for the interest at the termination time is equal to:

where:

applicable Schedule means:

for a fixed term annuity—Schedule 9; or

for a lifetime annuity—Schedule 6.

Superannuation interest is in a fixed term annuity or a lifetime annuity, and the Minister has approved a method or factors for the interest

the superannuation interest is in a superannuation annuity that is a fixed term annuity or a lifetime annuity; and

the non-member spouse’s entitlement arises under a superannuation agreement, a flag lifting agreement or a splitting order; and

the Minister has approved, under section 70, a method or factors for determining the gross value of the superannuation interest;

the value of the non-member spouse’s entitlement for the interest at the termination time is equal to:

the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme, an approved deposit fund, an RSA or a superannuation annuity; and

either of the following has happened:

if the non-member spouse has satisfied a relevant condition of release in relation to the interest—the member spouse has paid to the non-member spouse an amount in satisfaction of the non-member spouse’s entitlement in respect of the interest;

otherwise—the member spouse has paid to another regulated superannuation fund, exempt public sector superannuation scheme or an RSA, an amount, to be held for the benefit of the non-member spouse, in satisfaction of the non-member spouse’s entitlement in respect of the interest; and

the interest was in the growth phase at the time of the payment; and

after the payment mentioned in paragraph (b), a notice in accordance with Form 1 in Schedule 1, signed by the non-member spouse in respect of the interest, has been served on the trustee of the plan.

the interest is in a superannuation fund that is neither a regulated superannuation fund nor an exempt public sector superannuation scheme; and

the member spouse has paid to the non-member spouse an amount in satisfaction of the non-member spouse’s entitlement in respect of the interest; and

the interest was in the growth phase at the time of the payment; and

after the payment, a notice in accordance with Form 1 in Schedule 1, signed by the non-member spouse in respect of the interest, has been served on the trustee of the plan.

the interest is not a percentage-only interest; and

the agreement specifies an amount or a method in accordance with subparagraph 90XJ(1)(c)(i) or (ii), or 90YN(1)(c)(i) or (ii), of the Act.

is not a small superannuation accounts interest; and

is not in existence at the date of the agreement, or is in the growth phase at the date of the agreement and is not in the payment phase at the date when the agreement is served on the trustee under section 90XI or 90YM of the Act.

is not a small superannuation accounts interest; and

is in the payment phase at the date of the agreement or the date when the agreement is served on the trustee under section 90XI or 90YM of the Act.

the interest is a percentage-only interest; and

the agreement specifies a percentage that is to apply for the purposes of subparagraph 90XJ(1)(b)(i) or 90YN(1)(b)(i) of the Act.

if the interest is in the growth phase at the relevant date—under Division 1 of Part 6 of this instrument; and

if the interest is in the payment phase at the relevant date—under Division 2 of Part 6 of this instrument.

a small superannuation accounts interest; or

an interest in a self managed superannuation fund; or

(c) an interest in a regulated superannuation fund in relation to which the trustee of the fund has, under Corporations Act 2001 (as modified, if necessary, as set out in Part 10 of Schedule 10A to the Corporations Regulations 2001), given notice to each member of the fund that the fund is to be reconstructed or terminated.section 1017B of the

a specified RSA, for the benefit of the member spouse; or

the trustee of a complying fund, for the benefit of the member spouse;

if the Commissioner had received a transfer request from the member spouse under Small Superannuation Accounts Act 1995.section 61 of the

under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; andsection 62,

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the interest is held; and

sets out the gross value of the interest as determined using the approved methods or factors;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

Minister has not approved any methods or factors, and there is evidence that the trustee has used the method in Schedule 3

paragraph (2)(a) does not apply; and

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the superannuation interest is held; and

sets out the gross value of the interest as determined using the method set out in Schedule 3;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

There is no evidence before the court of the contents of a statement referred to in paragraph (2)(b) or (3)(b)

if, under the Minister has approved one or more methods or factors to be used to determine the gross value of the interest—the approved methods or factors; orsection 62,

otherwise—the method set out in Schedule 3.

Approval of retirement age

the retirement age specified in the governing rules of the plan; or

the age of 65 years.

evidence before the court includes a statement issued by the trustee of the plan in which the superannuation interest is held; and

that statement sets out the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest at the relevant date if the member spouse had voluntarily ceased to be a member of the plan at that date;

the gross value of the superannuation interest at the relevant date is that value set out in the statement.

There is evidence of a member statement setting out the value of the superannuation interest at the relevant date

evidence before the court includes a member information statement for the member spouse setting out the value of the superannuation interest at the relevant date; and

that statement (or that value set out in the statement) has been provided to the member spouse; and

subsection (2) does not apply;

the gross value of the superannuation interest at the relevant date is that value set out in the statement.

item 3 of the table in section 51 applies for the interest; and

neither subsection 53(2) nor (3) applies for the interest.

(a) includes the contents of only 1 member information statement (an early statement) for the member spouse and relating to the interest, and the relevant date is after the valuation date stated in that statement; or

(b) includes the contents of 2 member information statements for the member spouse and relating to the interest, and the relevant date is between the valuation date stated in one of those statements (the first statement) and the valuation date stated in the other statement (the second statement); or

(c) includes the contents of only 1 member information statement (a late statement) for the member spouse and relating to the interest, and the relevant date is before the valuation date stated in that statement; or

does not include the contents of any such member information statement.

the value of the superannuation interest at the first valuation date; and

the value of any benefits rolled over, or transferred, by the member spouse to the plan in which the interest is held (other than regular contributions made by or for the member spouse to the plan) in the period:

starting on the day after the first valuation date; and

ending on the day before the relevant date;

less the value of any partial payment of benefits to the member spouse made in that period.

values for second valuation date means the sum of:

the value of the superannuation interest at the second valuation date; and

the value of any partial payment of benefits made to the member spouse in the period starting on the day after the relevant date and ending on the second valuation date, less:

the value of any benefits rolled over, or transferred, by the member spouse in that period to the plan in which the interest is held (other than regular contributions made by or for the member spouse to the plan); and

any interest earned on those benefits in that period.

is the contents of an early statement (see paragraph (2)(a)), then:

(i) the first valuation date is the valuation date stated in that statement; and

(ii) the value of the interest at the first valuation date is the value of the interest stated in that statement (see subsection (5)); and

(iii) the second valuation date is a date after the relevant date that is within 28 days before the date when the valuation of the interest is being carried out; and

(iv) the value of the interest at the second valuation date is the value of the interest, including all related valuation amounts (see subsection (5)) for the interest, at that date; or

is the content of 2 statements (see paragraph (2)(b)), then:

(i) the first valuation date is the valuation date stated in the first statement mentioned in that paragraph; and

(ii) the value of the interest at the first valuation date is the value of the interest stated in the first statement (see subsection (5)); and

(iii) the second valuation date is the valuation date stated in the second statement mentioned in that paragraph; and

(iv) the value of the interest at the second valuation date is the value of the interest stated in the second statement (see subsection (5)); or

is the contents of a late statement (see paragraph (2)(c)), then:

(i) the first valuation date is the date when the interest was acquired by the member spouse; and

(ii) the value of the interest at the first valuation date is the value of the interest at that date; and

(iii) the second valuation date is the valuation date stated in the statement; and

(iv) the value of the interest at the second valuation date is the value of the interest stated in the statement (see subsection (5)); or

does not include contents of any such statement (see paragraph (2)(d)), then:

(i) the first valuation date is the date when the interest was acquired by the member spouse; and

(ii) the value of the interest at the first valuation date is the value of the interest at that date; and

(iii) the second valuation date is a date after the relevant date that is within 28 days before the date when the valuation of the interest is being carried out; and

(iv) the value of the interest at the second valuation date is the value of the interest, including all related valuation amounts (see subsection (5)) for the interest, at that date.

any amount payable under an earlier payment split that applies in respect of the interest; or

the amount of any surcharge debt, at that date, of the member spouse in respect of the interest.

valuation date, for a superannuation interest to which a member information statement for the member spouse applies, means the date as at which the value of the interest is stated in the statement.

value, of a superannuation interest stated in a member information statement for the member spouse, means:

the value stated in the statement (however that value is described); or

if 2 or more such values are stated in the statement—the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest if the member spouse had voluntarily ceased to be a member of the plan at the date at which the value is stated.

under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; andsection 62,

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the interest is held; and

sets out the gross value of the interest as determined using the approved method or factors;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

Minister has not approved any methods or factors, and there is evidence that the trustee has used the method set out in Schedule 4

paragraph (2)(a) does not apply; and

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the superannuation interest is held; and

sets out the gross value of the interest as determined using the method set out in Schedule 4;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

There is no evidence before the court of the contents of a statement referred to in paragraph (2)(b) or (3)(b)

if, under the Minister has approved one or more methods or factors to be used to determine the gross value of the interest—the approved method or factors; orsection 62,

otherwise—the method set out in Schedule 4.

under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; andsection 62,

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the interest is held; and

sets out the gross value of the interest as determined using the approved method or factors;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

Otherwise

at the relevant date; and

as determined under the provision of this Division that would apply if the component were the whole of the superannuation interest.

the gross value of the defined benefit interest at the relevant date, as determined under section 52; and

the gross value of the accumulation interest at the relevant date, as determined under section 53 or 54.

the gross value of the defined benefit interest at the relevant date, as determined under section 52; and

the gross value of the accumulation interest at the relevant date, as determined under section 53 or 54.

the gross value of the defined benefit interest at the relevant date, as determined under section 52; and

the value at the relevant date of the other amount (see item 2 of the table in section 51).

the other amount is in respect of a superannuation interest; and

this Division provides a method for determining an amount in relation to that kind of interest;

the value of the other amount at the relevant date is to be determined in accordance with that method.

under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; andsection 62,

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the interest is held; and

sets out the gross value of the interest as determined using the approved methods or factors;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

Minister has not approved any methods or factors, and there is evidence that the trustee has used the method in Schedule 3

paragraph (2)(a) does not apply; and

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the superannuation interest is held; and

sets out the gross value of the interest as determined using the method set out in Schedule 3 as if the interest were a defined benefit interest;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

There is no evidence before the court of the contents of a statement referred to in paragraph (2)(b) or (3)(b)

if, under the Minister has approved one or more methods or factors to be used to determine the gross value of the interest—the approved methods or factors; orsection 62,

otherwise—the method set out in Schedule 3 as if the interest were a defined benefit interest.

under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; andsection 62,

evidence before the court includes the contents of a statement that:

was issued by the trustee of the plan in which the interest is held; and

sets out the gross value of the interest as determined using the approved methods or factors;

the gross value of the superannuation interest at the relevant date is as set out in the statement.

There is no evidence before the court of the contents of a statement referred to in paragraph (2)(b)

a superannuation interest for which section 52 applies (about most defined benefit interests); or

a superannuation interest for which section 55 applies (about partially vested accumulation interests); or

a superannuation interest for which section 56 applies (about interests consisting of 2 or more components); or

a superannuation interest for which section 57, 58 or 59 applies (about other defined benefit interests); or

a superannuation interest for which section 60 applies (about innovative superannuation interests); or

a superannuation interest for which 61 applies (about percentage-only interests).

section 61 is the only relevant provision for percentage-only interests; and

section 60 is the only relevant provision for innovative superannuation interests that are not percentage-only interests.

the gross value of a superannuation interest, or a component of a superannuation interest, in a particular eligible superannuation plan;

the gross value of a superannuation interest, or a component of a superannuation interest, in a particular category of superannuation interests in a particular eligible superannuation plan;

the gross value, in particular circumstances, of any of the following:

a superannuation interest, or a component of a superannuation interest, in a particular eligible superannuation plan;

a superannuation interest, or a component of a superannuation interest, in a particular category of superannuation interests, in a particular eligible superannuation plan;

the gross value, in particular circumstances, of a particular element of the scheme design of a superannuation interest in a particular eligible superannuation plan.

subsection 90XT(3) and paragraph 90XT(2)(a) of the Act;

subsection 90YY(4) and paragraph 90YY(2)(a) of the Act.

if, under the Minister has approved a method or factors to be used to determine the gross value of the interest—the approved method or factors; orsection 70,

if paragraph (a) does not apply and the pension is payable due to the member spouse’s invalidity—the method set out in Schedule 7; or

if neither paragraph (a) nor (b) applies—the method set out in Schedule 5.

Pension payable for fixed term (other than market linked pension)

if, under the Minister has approved a method or factors to be used to determine the gross value of the interest—the approved method or factors; orsection 70,

if paragraph (a) does not apply—the method set out in Schedule 8.

Allocated pension

the gross value of the pension at the relevant date, as determined under section 66; and

the amount of the lump sum.

if, under the Minister has approved a method or factors to be used to determine the gross value of the interest—the approved method or factors; orsection 70,

if paragraph (a) does not apply and the pension is payable due to the member spouse’s invalidity—the method set out in Schedule 7; or

if neither paragraph (a) nor (b) applies—the method set out in Schedule 5.

Pension payable for fixed term (other than market linked pension)

if, under the Minister has approved a method or factors to be used to determine the gross value of the interest—the approved method or factors; orsection 70,

if paragraph (a) does not apply—the method set out in Schedule 8.

a superannuation interest for which subsection 66(2) applies (about pensions payable for the life of the member spouse); or

a superannuation interest for which subsection 66(3) applies (about fixed-term pensions); or

a superannuation interest for which section 68 applies (about innovative superannuation interests); or

a superannuation interest for which section 69 applies (about percentage-only interests).

section 69 is the only relevant provision for percentage-only interests; and

section 68 is the only relevant provision for innovative superannuation interests that are not percentage-only interests.

subsection 90XT(3) and paragraph 90XT(2)(a) of the Act;

subsection 90YY(4) and paragraph 90YY(2)(a) of the Act.

if there is 1 relevant period—the amount calculated by adjusting, under section 76 after that period, the base amount for the interest; and

if there are 2 or more relevant periods—the final amount calculated under this paragraph after:

adjusting, under section 76 after the second relevant period, the result of paragraph (a) of this subsection; and

adjusting, under section 76 after each later relevant period (if any), the result of the previous application of this paragraph for the previous relevant period.

if a splittable payment becomes payable, or a terminating action occurs, for the interest before the end of the first allotment period—the period:

beginning at the operative time; and

ending at the end of the period for which the plan would allot net earnings to the member spouse if the member spouse voluntarily ceased to be a member of the plan on the day when the splittable payment becomes payable or the terminating action occurs; and

otherwise—the periods set out in subsection (2).

the period beginning at the operative time and ending at the end of the first allotment period for the interest;

after the first allotment period, each whole allotment period (if any) for the interest ending before a splittable payment becomes payable, or a terminating action occurs, for the interest;

in the allotment period in which a splittable payment becomes payable, or a terminating action occurs, for the interest—the period:

beginning at the beginning of that allotment period; and

ending at the end of the period for which the plan would allot net earnings to the member spouse if the member spouse voluntarily ceased to be a member of the plan on the day when the splittable payment becomes payable or the terminating action occurs.

the creation, under the payment split provisions of the SIS Regulations, of a new interest in the plan for the non-member spouse;

the opening of a new RSA for the non-member spouse under the payment split provisions of the RSA Regulations;

the transfer or rollover, under the payment split provisions of the SIS Regulations or the RSA Regulations, to another superannuation fund or an RSA of an amount to be held for the benefit of the non-member spouse;

if the non-member spouse has satisfied a relevant condition of release—the payment, under the payment split provisions of the SIS Regulations or the RSA Regulations, of an amount to the non-member spouse.

if a splittable payment becomes payable, or a terminating action occurs, for the interest before the end of the first year—the period beginning at the operative time and ending at on the day before the payment becomes payable or the terminating action occurs; and

otherwise—the following periods:

the period beginning at the operative time and ending at the end of the first year;

after the first year, each whole year (if any) for the interest ending before a splittable payment becomes payable, or a terminating action occurs, for the interest;

in the year in which a splittable payment becomes payable, or a terminating action occurs, for the interest—the period beginning at the beginning of that year and ending on the day before the payment becomes payable or the terminating action occurs.

the creation, under the governing rules of the plan, of a new interest in the plan for the non-member spouse;

the transfer or rollover, under the governing rules of the plan, to another superannuation fund or an RSA of an amount to be held for the benefit of the non-member spouse;

if the non-member spouse has satisfied a relevant condition of release—the payment of an amount to the non-member spouse.

year, for a superannuation interest, means:

if the interest is in a regulated superannuation fund that has a year of income within the meaning of subsection 10(1) of the SIS Act—a year of income; or

otherwise—a financial year.

under this section; and

for an applicable adjustment period for the superannuation interest;

by applying an interest rate to that amount after that period. The interest rate will depend on the superannuation interest.

Superannuation interest is wholly an accumulation interest (other than an interest in a self managed superannuation fund)

if the interest is in a regulated superannuation fund, an approved deposit fund or is an RSA:

where there has been an allotment (whether of a positive, negative or nil amount) to the member spouse of net earnings of the eligible superannuation plan for the adjustment period—the rate of that allotment; or

otherwise—the rate at which net earnings of the plan would be allotted to the member spouse if the member spouse voluntarily ceased to be a member of the plan on the day the relevant splittable payment becomes payable or the terminating action (as defined in subsection 74(3)) occurs; and

if the interest is in an exempt public sector superannuation scheme or a superannuation fund that is not a regulated superannuation fund:

where there has been an allocation (whether of a positive, negative or nil amount) to the member spouse of investment earnings (however described) of the eligible superannuation plan for the adjustment period—the rate of that allocation; or

otherwise—the rate at which those investment earnings would be allocated to the member spouse if the member spouse voluntarily ceased to be a member of the plan on the day before the relevant splittable payment becomes payable.

Superannuation interest is wholly or partly a defined benefit interest, or is in a self managed superannuation fund

the whole, or any component, of the superannuation interest is a defined benefit interest, or the superannuation interest is in a self managed superannuation fund; and

the applicable adjustment period for the interest is covered by column 1 of an item of the following table;

the interest rate for the adjustment period for the interest is declared or calculated under column 2 of that item.

a rate that is 2.25 percentage points above the percentage change in the original estimate of full-time adult ordinary time earnings for all persons in Australia, as published by the Australian Bureau of Statistics, for the 12 months ending with the November quarter of the previous financial year;

a method that provides for the calculation of a rate for the financial year by reference to the rate described in paragraph (a) for the financial year;

a method that provides for the calculation of a rate for the financial year by reference to the following rates:

the rate described in paragraph (a) for the previous financial year;

the rate described in paragraph (a) for the financial year;

under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; andsection 62 or 70,

subsection 81(3), 82(3), (5), (6) or (7), 83(2), 84(2) or (4) or 85(2) applies.

subsection 90XT(3) and subparagraph 90XT(1)(a)(i) of the Act;

subsection 90YY(4) and subparagraph 90YY(1)(a)(i) of the Act.

Subdivision B—First splittable payment that the member spouse or other person is entitled to receive is a lump sum

the first splittable payment that the member spouse or other person is entitled to receive is a lump sum; and

the lump sum is not one 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 or otherwise, to take the whole, or a part, of the benefits in respect of the interest as a lump sum; and

the lump sum is greater than or equal to the adjusted base amount applicable to the non-member spouse for the interest at the date the splittable payment becomes payable.

the first splittable payment that the member spouse or other person is entitled to receive is a lump sum; and

the lump sum is not one 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 or otherwise, to take the whole or a part of the benefits in respect of the interest as a lump sum; and

the lump sum is less than the adjusted base amount applicable to the non-member spouse for the interest at the date the splittable payment becomes payable.

the amount of the lump sum; and

unless section 82 applies in relation to the interest—the amount, calculated under subsection (3) of this section, from each other splittable payment that becomes payable in respect of the interest.

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

deemed value of the interest were it in payment phase at adjusted date means the amount that would be calculated under section 64 for the superannuation interest if references in Division 2 of Part 6 to the relevant date were references to the date the first splittable payment became payable in respect of the superannuation interest.

the non-member spouse is entitled to be paid the amount of a lump sum under paragraph 81(2)(a) in respect of the interest; and

the member spouse or other person may, under the governing rules of the relevant eligible superannuation plan, choose (by way of a commutation of a pension or otherwise) to take the whole or a part of the remaining benefits in respect of the interest as a lump sum; and

the non-member spouse has served a request:

in accordance with Form 2 in Schedule 1; and

on the trustee of the plan;

for the non-member spouse to be paid, as a lump sum, the whole or a proportion of the remaining adjusted base amount applicable to the non-member spouse for the interest at the date the splittable payment became payable; and

any choice by the member spouse or other person to be paid the amount requested by the non-member spouse will not cause the member spouse or other person to lose the right to take the remaining part of the benefits in respect of the interest as a pension.

Non-member spouse requests whole of remaining adjusted base amount to be paid as a lump sum

the member spouse or other person must choose to be paid, as a lump sum, an amount that is at least the amount calculated under subsection (3); and

the non-member spouse is entitled to be paid that amount; and

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

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

Non-member spouse requests proportion of remaining adjusted base amount to be paid as a lump sum

(a) the member spouse or other person must choose to be paid, as a lump sum, an amount (the member’s lump sum) that is at least the amount calculated under subsection (5) (the minimum lump sum); and

the non-member spouse is entitled to be paid an amount equal to the minimum lump sum; and

the non-member spouse is also entitled to be paid an amount, calculated under subsection (6), from:

if the member’s lump sum exceeds the minimum lump sum—the amount of the excess; and

each other splittable payment that becomes payable in respect of the superannuation interest.

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

if under subparagraph (4)(c)(i) the member’s lump sum exceeds the minimum lump sum—the amount of the excess; or

the amount of the other splittable payment (see subparagraph (4)(c)(ii)).

transition factor means:

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

remaining value of the superannuation interest means the remaining value of the superannuation interest after the payment of the lump sums to the non-member spouse under paragraph 81(2)(a) and paragraph (4)(c) of this section, calculated under subsection (7) of this section.

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

Subdivision C—Optional lump sum relating to the whole or part of the adjusted base amount

benefits in respect of the interest are not payable as an allocated pension or a market linked pension; and

the member spouse or other person may, under the governing rules of the relevant eligible superannuation plan, choose (by way of a commutation of a pension or otherwise) to take a lump sum:

of an amount that is at least the adjusted base amount applicable to the non-member spouse for the interest at the date the splittable payment becomes payable; and

without losing the right to take the remaining part of the benefits in respect of the interest as a pension; and

the non-member spouse has served a request, in accordance with Form 3 in Schedule 1, on the trustee of the plan requesting that the non-member spouse be paid, as a lump sum, the whole of that adjusted base amount.

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

benefits in respect of the interest are not payable as an allocated pension or a market linked pension; and

the member spouse or other person may, under the governing rules of the relevant eligible superannuation plan, choose (by way of a commutation of a pension or otherwise) to take a lump sum:

of an amount that is at least the adjusted base amount applicable to the non-member spouse for the interest at the date the splittable payment becomes payable; and

without losing the right to take the remaining part of the benefits in respect of the interest as a pension; and

the non-member spouse has served a request, in accordance with Form 3 in Schedule 1, on the trustee of the plan requesting that the non-member spouse be paid, as a lump sum, a proportion of that adjusted base amount.

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

an amount equal to the minimum lump sum; and

an amount, calculated under subsection (4), from:

if the member’s lump sum exceeds the minimum lump sum—the amount of the excess; and

each other splittable payment that becomes payable in respect of the superannuation interest.

if under subparagraph (3)(b)(i) the member’s lump sum exceeds the minimum lump sum—the amount of the excess; or

the amount of the other splittable payment (see subparagraph (3)(b)(ii)).

transition factor means:

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

deemed value of the interest were it in payment phase at adjusted date means the amount that would be calculated under section 64 for the superannuation interest if references in Division 2 of Part 6 to the relevant date were references to the date the first splittable payment became payable in respect of the superannuation interest.

initial lump sum means the amount of the lump sum paid to the non-member spouse under paragraph (3)(a).

Subdivision D—No benefit payable only as a lump sum, or first splittable payment is not a lump sum

both:

benefits in respect of the interest are not payable as an allocated pension or a market linked pension; and

no benefit is payable to the member spouse or other person as a lump sum (including a lump sum that the member spouse or other person may choose to take, by way of a commutation of a pension, in respect of the whole, or a part, of the benefits in respect of the interest); or

the first splittable payment that the member spouse or other person is entitled to receive is not a lump sum, but a lump sum is payable in respect of the interest at a later time.

if under the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; orsection 62 or 70

if paragraph (a) does not apply and one or more benefits in respect of the superannuation interest are payable:

as a pension for the life of the member spouse; but

not due to the member spouse’s invalidity;

the factor determined using the method set out in Schedule 11 for the superannuation interest; or

if neither paragraph (a) nor (b) applies—1.

deemed value of the interest were it in payment phase at adjusted date means the amount that would be calculated under section 64 for the superannuation interest if references in Division 2 of Part 6 to the relevant date were references to the date the first splittable payment became payable in respect of the superannuation interest.

the whole, or a part, of the benefits in respect of the interest are payable as an allocated pension or a market linked pension; and

section 80 does not apply for the interest.

Benefits for the interest are payable as an allocated pension and not as a market linked pension

a splittable payment becomes payable in respect of the superannuation interest at a particular date; and

the whole, or a part, of the benefits for the interest are payable as an allocated pension and not as a market linked pension;

the non-member spouse is entitled to be paid, from the lump sum from which the allocated pension is payable, an amount equal to the adjusted base amount applicable to the non-member spouse for the interest at that date.

Benefits for the interest are payable as a market linked pension and not as an allocated pension

a splittable payment becomes payable in respect of the superannuation interest at a particular date; and

the whole, or a part, of the benefits for the interest are payable as a market linked pension and not as an allocated pension;

the non-member spouse is entitled to be paid, from the lump sum from which the market linked pension is payable, an amount equal to the adjusted base amount applicable to the non-member spouse for the interest at that date.

Benefits for the interest are payable as both an allocated pension and a market linked pension—lump sum for allocated pension is greater than or equal to the adjusted base amount

a splittable payment becomes payable in respect of the superannuation interest at a particular date; and

one part of the benefits for the interest is payable as an allocated pension and another part is payable as a market linked pension; and

the amount of the lump sum from which the allocated pension is payable is greater than or equal to the adjusted base amount applicable to the non-member spouse for the interest at that date;

the non-member spouse is entitled to be paid, from that lump sum, an amount equal to that adjusted base amount.

Benefits for the interest are payable as both an allocated pension and a market linked pension—lump sum for allocated pension is less than the adjusted base amount

a splittable payment becomes payable in respect of the superannuation interest at a particular date; and

one part of the benefits for the interest is payable as an allocated pension and another part is payable as a market linked pension; and

the amount of the lump sum from which the allocated pension is payable falls short of the amount of the adjusted base amount applicable to the non-member spouse for the interest at that date;

the non-member spouse is entitled to be paid:

the amount of that lump sum; and

so much of the amount of the lump sum from which the market linked pension is payable as is needed to pay that shortfall.

Entitlement of non-member spouse for any other splittable payments

the amount of the lump sum, or lump sums, as applicable; and

from each other splittable payment that becomes payable in respect of the superannuation interest, the amount calculated under subsection (8).

the superannuation interest, or a component of the superannuation interest, is an accumulation interest; and

the superannuation interest is neither a percentage-only interest nor an interest in a self managed superannuation fund; and

Subdivision G does not apply for the superannuation interest.

the value of the interest stated in the statement, however described (for example, the member’s account balance, share in the plan, withdrawal benefit); or

if 2 or more values of the interest are stated in the statement—the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest if the member spouse had voluntarily ceased to be a member of the plan at the date at which the value is stated.

if the interest is an unsplittable interest—a statement to that effect;

a statement indicating whether the interest is subject to a payment split or payment flag;

if the interest is subject to a payment split (other than under a superannuation agreement, flag lifting agreement or splitting order for which the non-member spouse’s entitlement has been satisfied as required by Division 2 of Part 3)—the information mentioned in section 108;

(d) the date of commencement of the member’s service period (within the meaning of the Income Tax Assessment Act 1997), if any;

the date when the member first became a member of the plan;

if the interest was in the payment phase at the appropriate date—the payment phase information mentioned in section 105 for the interest;

if the interest was in the growth phase at the appropriate date:

for an accumulation interest other than a partially vested accumulation interest—the growth phase information mentioned in section 106 for the interest; and

for a partially vested accumulation interest—the growth phase information mentioned in section 107 for the interest;

if the application specifically requests the trustee to provide information about the withdrawal benefit for the member—the withdrawal benefit for the member at the date when the information is provided;

details of any fees that may be charged by the trustee under paragraph 98(1)(a), (b), (c), (d) or (f);

if known, the member’s date of birth.

the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest at the appropriate date if the member spouse had voluntarily ceased to be a member of the plan at that date;

a statement:

indicating whether the Minister has approved, under section 62, a method or factors for determining the gross value of the interest; and

giving details of any method or factors so approved;

if the application for information specifically requests the trustee to provide it and the trustee chooses to do so—the gross value of the interest at the appropriate date determined in accordance with:

Schedule 4; or

a method or factors approved by the Minister under section 62;

(d) if 2 or more member information statements for the member spouse and the interest have been provided to the member, and the appropriate date is between the valuation date stated in one statement (the earlier statement) and the valuation date stated in the next statement (the next statement):

the value of the actual vested benefit in respect of the interest, as stated in the earlier statement; and

if stated in the earlier statement, the total member credit at the valuation date stated in that statement; and

the value of the actual vested benefit in respect of the interest, as stated in the next statement; and

if stated in the next statement, the total member credit at the valuation date stated in that statement; and

the amount, and the date, of any rollover or transfer by the member, or partial payment to the member, in the period beginning on the day after the valuation date stated in the earlier statement and ending at the end of the valuation date stated in the next statement;

(e) if at least one member information statement for the member spouse and the interest has been provided to the member, and the appropriate date is before the valuation date stated in the first member information statement provided to the member (the first statement):

the value of the actual vested benefit in respect of the interest, as stated in the first statement; and

if stated in the first statement, the total member credit at the valuation date stated in that statement; and

the value of the actual vested benefit in respect of the interest at the date when the interest was acquired; and

the total member credit at the date when the interest was acquired; and

the amount, and the date, of any rollover or transfer by the member, or partial payment to the member, in the period beginning on the date when the interest was acquired and ending at the end of the valuation date stated in the first statement;

if at least one member information statement for the member spouse and the interest has been provided to the member, and the appropriate date is after the valuation date stated in the most recent statement:

the value of the actual vested benefit in respect of the interest, as stated in the most recent statement; and

if stated in the most recent statement, the total member credit at the valuation date stated in that statement; and

the value of the actual vested benefit in respect of the interest at the date when the information is provided; and

the total member credit at the date when the information is provided; and

the amount, and the date, of any rollover or transfer by the member, or partial payment to the member, in the period beginning on the day after the valuation date stated in the most recent statement and ending at the end of the day when the information is provided;

if no member information statement for the member spouse and the interest has been provided to the member:

the value of the actual vested benefit in respect of the interest at the date when the interest was acquired; and

the total member credit at the date when the interest was acquired; and

the value of the actual vested benefit in respect of the interest at the date when the information is provided; and

the total member credit at the date when the information is provided; and

the amount, and the date, of any rollover or transfer by the member, or any partial payment to the member, in the period beginning on the day after the date when the interest was acquired and ending at the end of the day when the information is provided;

the vesting term that applies to the interest;

the date when the vesting term commenced;

if a member information statement for the member spouse and the interest that has been provided to the member does not include the total member credit at the valuation date stated in the statement—that information;

if the interest is in a regulated superannuation fund or an RSA:

the amount of restricted non-preserved benefits that had accrued to the member, and would be payable to the member, if the member were to resign from the member’s employment on the date when the information is provided; and

the amount (if any) of the member’s unrestricted non-preserved benefits;

if the interest is in an approved deposit fund—the amount, at the date when the information is provided, of the member’s unrestricted non-preserved benefits;

if:

(i) a payment that would have been a superannuation lump sum (within the meaning of the Income Tax Assessment Act 1997) had been made in respect of the interest at the date when the information is provided; and

the amount of the payment had been the amount payable to the member if the member had voluntarily ceased to be a member of the plan;

the value:

that each of the components of the superannuation lump sum would have had under Subdivision 307-C of that Act; and

that each of the elements of the taxable component would have had under Subdivision 307-E of that Act (if applicable);

if the trustee has given information under Division 2.5 of the SIS Regulations to each member of the plan that the plan is to be reconstructed or terminated—a statement to this effect.

the trustee, in response to the application:

provides the gross value of the interest at the appropriate date determined in accordance with a method or factors approved by the Minister under section 62 (see subparagraph (1)(c)(ii) of this section); but

does not provide sufficient information to enable the applicant to check whether that gross value of the interest has been correctly determined in accordance with the approved method or factors; and

the applicant makes a further application that complies with subsection 90XZB(3) or 90YZR(3) of the Act for further information that will enable the applicant to do so;

then, for the purposes of subsection 90XZB(3) or 90YZR(3) of the Act, that further information is information that must be provided by the trustee in response to the further application within a reasonable time.

if the application specifically requests the trustee to provide the information mentioned in paragraph 104(1)(h) to the applicant, the trustee is not required to provide any other information mentioned in this Subdivision to the applicant;

the trustee is not required to provide the information mentioned in paragraph 105(a) or subparagraph 105(c)(i) to the applicant unless a record of that information is in the trustee’s possession, power or control;

the trustee is not required to provide the information mentioned in paragraph 106(a) or 107(1)(a), as applicable, to the applicant unless a record of that information is in the trustee’s possession, power or control;

the trustee is not required to provide the information mentioned in paragraph 106(b), (c), (d) or (e) or 107(1)(d), (e), (f) or (g), as applicable, to the applicant unless:

the application for information specifically requests the trustee to provide this information; and

a record of the information is in the trustee’s possession, power or control; and

a record of the information mentioned in paragraph 106(a) or 107(1)(a), as applicable, is not in the trustee’s possession, power or control.

the superannuation interest, or a component of the superannuation interest, is a partially vested accumulation interest; and

under the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest or the component of the interest;section 62,

the Minister may, by legislative instrument, determine either or both of the following:

that the trustee is not required to provide one or more specified kinds of information mentioned in subsection 107(1) about the interest, or the component of the interest;

that the trustee must provide other specified kinds of information about the interest or the component of the interest.

that the trustee is not required to provide one or more specified kinds of information mentioned in section 104 or 105 about the interest;

that the trustee must provide one or more other specified kinds of information about the interest.

Subdivision B—Information about certain defined benefit interests

if the interest is an unsplittable interest, a statement to that effect;

a statement indicating whether the interest is subject to a payment split or payment flag;

if the interest is subject to a payment split (other than under a superannuation agreement, flag lifting agreement or splitting order for which the non-member spouse’s entitlement has been satisfied as required by Division 2 of Part 3)—the information mentioned in section 115;

(d) the date of commencement of the member’s service period (within the meaning of the Income Tax Assessment Act 1997), if any;

the date when the member first became a member of the plan;

if the interest was in the payment phase at the appropriate date—the payment phase information mentioned in section 112 for the interest;

if:

the interest was in the growth phase at the appropriate date; and

the interest is held by a member as a result of employment in which the member is or was still engaged at the appropriate date;

the growth phase information mentioned in section 113 for the interest;

if:

the interest was in the growth phase at the appropriate date; and

the interest is held by a member as a result of employment in which the member is or was no longer engaged at the appropriate date; and

under the governing rules of the plan, the benefit in respect of the interest is payable after the date when the information is provided;

the growth phase information mentioned in section 114 for the interest;

if the application for information specifically requests the trustee to provide information about the withdrawal benefit for the member—the withdrawal benefit for the member at the date when the information is provided;

details of any fees that may be charged by the trustee under paragraph 98(1)(a), (b), (c), (d) or (f);

if known, the member’s date of birth.

if the member is receiving ongoing pension payments in respect of an allocated pension—the withdrawal benefit for the member at the appropriate date; and

if the member is receiving ongoing pension payments in respect of a market linked pension—the market linked pension account balance at the appropriate date; and

if the member is receiving ongoing pension payments in respect of a pension other than an allocated pension or a market linked pension:

the amount of annual pension benefit payable to the member at the appropriate date; and

a statement indicating whether the pension benefit is a lifetime pension or a fixed-term pension; and

if the pension is a fixed-term pension—the date when the pension payments commenced, and the length of the fixed term; and

a statement indicating whether the pension benefit is indexed and, if so, the method of indexation; and

a statement indicating whether there is any reversionary beneficiary who is a non-member spouse in relation to the pension benefit and, if so, the proportion of the ongoing pension payments that would be payable to the reversionary beneficiary on the death of the member; and

if a lump sum is payable to the member in respect of the interest at the date when the information is provided or at any later date, and the amount of the lump sum is known—the amount of the lump sum; and

(e) if a lump sum (a future lump sum) is payable to the member in respect of the interest at a date after the date when the information is provided, and the amount of the lump sum is not known:

(i) the amount of the lump sum that would have been paid at the date when the information is provided if a lump sum were payable at that date (the nominal lump sum); and

the method that is to be used to index the nominal lump sum to determine the amount of the future lump sum; and

(f) if a lump sum payment that would have been a superannuation lump sum (within the meaning of the Income Tax Assessment Act 1997) had been made in respect of the interest at the date when the information is provided:

the amount of the payment; and

the value that each of the components of the superannuation lump sum would have had under Subdivision 307-C of that Act; and

the value that each of the elements of the taxable component would have had under Subdivision 307-E of that Act (if applicable); and

a statement:

indicating whether the Minister has approved, under section 70, a method or factors for determining the gross value of the interest; and

giving details of any method or factors so approved; and

if the application for information specifically requests the trustee to provide it and the trustee chooses to do so—the gross value of the interest at the appropriate date, determined in accordance with:

whichever of the methods in Division 2 of Part 6 applies to the interest; or

a method or factors approved by the Minister under section 70.

paragraph (1)(h) applies to the application for information about the superannuation interest; and

the trustee, in response to the application:

provides the gross value of the interest at the appropriate date, determined in accordance with a method or factors approved by the Minister under section 70; but

does not provide sufficient information to enable the applicant to check whether that gross value of the interest has been correctly determined in accordance with the approved method or factors; and

the applicant makes a further application that complies with subsection 90XZB(3) or 90YZR(3) of the Act for specific underlying valuation information for the interest;

then, for the purposes of subsection 90XZB(3) or 90YZR(3) of the Act, that specific underlying valuation information is information that must be provided by the trustee in response to the further application within a reasonable time.

the member’s retirement age;

the member spouse’s accrued benefit multiple (within the meaning given by section 117) for any lump sum, or pension, payable in respect of the interest;

the salary figure, on which any benefit payable in respect of the interest would be based, assuming that the member were eligible to retire at the appropriate date;

if:

the benefit in respect of the interest is payable as a combination of a lump sum and a pension; and

the governing rules of the plan restrict the proportion of the pension that may be commuted to a lump sum;

the maximum amount of pension that may be commuted to a lump sum, expressed as a percentage of the amount of the pension that would be payable if the whole benefit were to be taken as a pension;

if:

the benefit in respect of the interest is payable as a combination of a lump sum and a pension; and

the governing rules of the plan restrict the proportion of the lump sum that may be converted to a pension;

the maximum amount of the lump sum that may be converted to a pension, expressed as a percentage of the amount of the lump sum that would be payable if the whole benefit were to be taken as a lump sum;

if any pension payable in respect of the interest is indexed and, if so, the method of indexation;

if any pension payable in respect of the interest has a guarantee period and, if so, the length of the guarantee period;

the conversion factor for converting a lump sum to a pension that will apply at the member’s retirement age;

the commutation factor for commuting a pension to a lump sum that will apply at the member’s retirement age;

if benefits in respect of the interest may be payable to a reversionary beneficiary who is a non-member spouse—the proportion of payment in respect of the interest that the non-member spouse would receive, as a reversionary beneficiary, on the death of the member;

unless the interest is in a constitutionally protected fund—the amount (if any) that was stated to be the surcharge debt of the member in the most recent member information statement for the member spouse and the interest that was provided to the member before the appropriate date;

if the interest is in a regulated superannuation fund or an RSA:

the amount of restricted non-preserved benefits that had accrued to the member, and would be payable to the member, if the member were to resign from the member’s employment on the date when the information is provided; and

the amount (if any) of the member’s unrestricted non-preserved benefits;

if the interest is in an approved deposit fund—the amount, at the date when the information is provided, of the member’s unrestricted non-preserved benefits;

if:

(i) a payment that would have been a superannuation lump sum (within the meaning of the Income Tax Assessment Act 1997) had been made in respect of the interest at the date when the information is provided; and

the amount of the payment had been the amount payable to the member if the member had voluntarily ceased to be a member of the plan;

the value:

that each of the components of the superannuation lump sum would have had under Subdivision 307-C of that Act; and

that each of the elements of the taxable component would have had under Subdivision 307-E of that Act (if applicable);

a statement:

indicating whether the Minister has approved, under section 62, a method or factors for determining the gross value of the interest; and

giving details of any method or factors so approved;

if the trustee has given information under Division 2.5 of the SIS Regulations to each member of the plan that the plan is to be reconstructed or terminated—a statement to this effect;

if the application for information specifically requests the trustee to provide it and the trustee chooses to do so—the gross value of the interest at the appropriate date, determined in accordance with:

Schedule 3; or