Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a superannuation interest under this Act (the original interest ) if:
(a) the Secretary receives a splitting agreement or splitting order in respect of the original interest; and
(b) the original interest is not an entitlement to an annuity under section 19AA; 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.
Immediate annuity if operative time in payment phase
(2) If, at the operative time, standard allowance or annuity is payable in respect of the original interest, then the non - member spouse is entitled to an associate immediate annuity from the operative time, at the rate calculated under the Orders by reference to the transfer amount.
Deferred annuity if operative time in growth phase
(3) If, at the operative time, standard allowance or annuity is not payable in respect of the original interest, then the non - member spouse is entitled to an associate deferred annuity in accordance with section 22CE.