Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulation (2), for the definition of unsplittable interest in section 90MD of the Act, a superannuation interest of a member spouse described in subregulation (1A) or (1B) is prescribed.
(1A) For subregulation (1), the superannuation interest of the member spouse must be:
(a) an interest other than 1 in respect of which the whole or remaining part of the benefits are being paid to the member spouse as:
(i) a lifetime pension or fixed‑term pension that the member is no longer entitled to commute; or
(ii) a lifetime annuity or fixed‑term annuity; and
(b) an interest with a withdrawal benefit in relation to the member spouse of less than $5 000.
(1B) For subregulation (1), the superannuation interest of the member spouse must be an interest in respect of which:
(a) the whole or remaining part of the benefits are being paid to the member spouse as:
(i) a lifetime pension or fixed‑term pension that the member is no longer entitled to commute; or
(ii) a lifetime annuity or fixed‑term annuity; and
(b) the amount of the annual benefit payable to the member is less than $2 000.
(2) This regulation does not apply to any of the following superannuation interests:
(a) a superannuation interest in the Judges' Pensions Act Scheme;
(b) a superannuation interest in the scheme provided under the Judges' Pensions Act 1971 of South Australia.