Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 80B

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

                     (a)  the Chairman 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 paragraph 57(1)(b), subsection 57(4) or (5) or section 58; 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)  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.