Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 49B

  (1)   This section applies to a superannuation interest (the original interest ) if:

  (a)   CSC receives a splitting agreement or splitting order in respect of the original interest; and

  (b)   the original interest is not an entitlement to pension under section   42 or 43; and

  (c)   the member spouse and the non - member spouse are both alive at the operative time; and

  (d)   if a base amount applies--the base amount at the operative time is not more than the family law value or the scheme value.

  (2)   If, at the operative time, standard pension is payable in respect of the original interest, then the non - member spouse is entitled to associate pension from the operative time, at the rate calculated under the Orders by reference to the transfer amount.

Note:   If standard pension is not payable at the operative time in respect of the original interest, then the non - member spouse will be entitled to benefits under the Military Superannuation and Benefits Act 1991 .