Superannuation Act 1922

This section applies to a superannuation interest under this Act (the original interest) if:

the Commissioner receives a splitting agreement or splitting order in respect of the original interest; and

the original interest is not:

an entitlement to a pension under subsection 47(4) or section 48; or

an entitlement to deferred benefits under section 119T; and

the member spouse and the non‑member spouse are both alive at the operative time; and

if a base amount applies—the base amount at the operative time is not more than the family law value.

The non‑member spouse is entitled to an associate pension from the operative time, at the rate calculated under the Orders by reference to the transfer amount.