(c) the non-member spouse has served a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest; or (d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth. (14) If the member spouse's superannuation interest is S. 83(14) inserted by a pension under this Act due to a disability which No. 23/2008 is a splittable payment, the Minister may s. 8. determine that subsections (11) and (12) do not apply. (15) If the non-member spouse serves a waiver notice S. 83(15) inserted by on the Minister under section 90MZA of the No. 23/2008 Family Law Act 1975 of the Commonwealth in s. 8. respect of the member spouse's superannuation interest, the Minister may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Minister to the non-member spouse in accordance with this section. (16) Despite anything to the contrary in this Act, if S. 83(16) inserted by under subsection (11), (12) or (15) an amount is No. 23/2008 paid by the Minister to a non-member spouse or s. 8. transferred by the Minister on behalf of a spouse, the benefit of a member spouse must be reduced by the Minister in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Minister.
(c) the non-member spouse has served a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest; or (d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth. S. 83(14) inserted by No. 23/2008 s. 8. (14) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Minister may determine that subsections (11) and (12) do not apply. S. 83(15) inserted by No. 23/2008 s. 8. (15) If the non-member spouse serves a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest, the Minister may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Minister to the non-member spouse in accordance with this section. S. 83(16) inserted by No. 23/2008 s. 8. (16) Despite anything to the contrary in this Act, if under subsection (11), (12) or (15) an amount is paid by the Minister to a non-member spouse or transferred by the Minister on behalf of a spouse, the benefit of a member spouse must be reduced by the Minister in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Minister.
75-8750a220.docx