Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf the non - member spouse dies after the operative time for a payment split:
(a) the payment split nevertheless continues to operate; and
(b) the payment split then operates in favour of the legal personal representative of the deceased spouse and is binding on that legal personal representative; and
(c) the legal personal representative has all the rights the deceased spouse would have had in respect of the payment split, including the right to serve a waiver notice under section 90XZA.