Death of non‑member spouse
If 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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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