Operative time for payment split
(1) The operative time for a payment split under a superannuation agreement or flag lifting agreement is the beginning of the fourth business day after the day on which a copy of the agreement is served on the trustee, accompanied by: (a) for a payment split under a superannuation agreement if a separation declaration is not part of the superannuation agreement—a separation declaration; and (b) if the agreement specifies a method for calculating a base amount—a document setting out the amount calculated using that method; and (c) if a form of declaration is prescribed for the purposes of this paragraph—a declaration in that form. Note: The base amount is used to calculate the entitlement of the non‑member spouse under the regulations. (2) For the purposes of subsection (1), the separation declaration must have a declaration time that is not more than 28 days before the service on the trustee.
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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