Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a superannuation interest under this Act (the original interest ) if:
(a) the Commissioner receives a splitting agreement or splitting order in respect of the original interest; and
(b) the original interest is not:
(i) an entitlement to a pension under subsection 47(4) or section 48; or
(ii) an entitlement to deferred benefits under section 119T; 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.
(2) 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.