Compilation #0 | Effective 2004-05-04
FRBR Work URI: /akn/au/act/2004/58
This Act may be cited as the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
The family law interest-splitting amendments apply to:
(a) any splitting agreement, or splitting order, that has an operative time after the commencement of Schedule 1; and
(b) a splitting agreement, or splitting order, with an earlier operative time, if no benefits had become payable before the commencement of Schedule 1 in respect of the superannuation interest to which the agreement or order relates.
In this section:
family law interest-splitting amendments means the amendments made by Schedule 1, other than items 24 and 34.
The amendments made by Schedule 2 apply:
(a) for the purpose of working out an increase in the rate of a pension benefit that is payable immediately before:
(i) the prescribed half-year beginning on 1 January 2004; and
(ii) each subsequent prescribed half-year; and
(b) for any other purpose related to the purpose mentioned in paragraph (a).
Schedule 1—Family law superannuation splitting and other matters
Defence Act 1903
1 At the end of section 52
Add:
(5) Determinations may make provision for, and in relation to, reducing a superannuation benefit under the determinations in a case where a person becomes entitled to benefits under the Military Superannuation and Benefits Act 1991 in circumstances mentioned in subparagraph 5A(1)(b)(i) of that Act.
Note: Section 5A of the Military Superannuation and Benefits Act 1991 provides for superannuation benefits for a non-member spouse in respect of splitting agreements and splitting orders under the Family Law Act 1975.
Reductions referred to in subsection (5) are to be disregarded in applying subsection (3A).
Defence Force Retirement and Death Benefits Act 1973
2 At the end of section 6C
Add:
Reductions under Division 3 of Part VIA are to be disregarded in applying subsection (3) of this section.
3 After Part VI
Insert:
In this Part, unless the contrary intention appears:
associate pension means associate pension under section 49B.
base amount means:
(a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
(b) for a splitting order—the amount allocated under subsection 90MT(4) of the Family Law Act 1975.
family law value means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for the purposes of paragraph 90MT(2)(a) of the Family Law Act 1975. In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.
member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-standard pension means a pension benefit other than standard pension.
operative time means the time that is the operative time for the purposes of Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.
Orders means Orders under section 49F.
original interest means a superannuation interest to which section 49B applies.
payment split has the same meaning as in Part VIIIB of the Family Law Act 1975.
scheme value means the amount determined under the Orders.
splitting agreement means:
(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB of the
(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB of the
splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.
splitting percentage means:
(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975; or
(b) for a splitting order—the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975.
standard pension means any of the following:
(a) retirement pay;
(b) invalidity benefit;
(c) pension under section 38 or 39;
(d) pension under section 43A;
(e) associate pension.
superannuation interest has the same meaning as in Part VIIIB of the Family Law Act 1975.
transfer amount means:
(a) if a splitting percentage applies—the amount calculated by multiplying the splitting percentage by the greater of:
(i) the family law value; and
(ii) the scheme value; or
(b) if a base amount applies and the scheme value is not more than the family law value—the base amount; or
(c) if a base amount applies and the scheme value is more than the family law value—the amount calculated using the formula:
Note: This amount is determined by applying those regulations, whether or not an order has been made under subsection 90MT(1) of the Family Law Act 1975.
49B Associate pension for non-member spouse if operative time in payment phase
49D Operative time during growth phase—reduction of later standard pension or lump sum amount
49F Ministerial Orders
80A Definitions
In this Part, unless the contrary intention appears:
associate pension means associate pension under section 80B.
base amount means:
(a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
(b) for a splitting order—the amount allocated under subsection 90MT(4) of the Family Law Act 1975.
Chairman means the Chairman of the Authority.
family law value means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for the purposes of paragraph 90MT(2)(a) of the Family Law Act 1975. In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.
member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-standard pension means pension under this Act other than standard pension.
operative time, in relation to a splitting agreement or splitting order, means the time that is the operative time for the purposes of Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.
Orders means Orders under section 80E.
original interest means a superannuation interest to which section 80B applies.
payment split has the same meaning as in Part VIIIB of the Family Law Act 1975.
scheme value means the amount determined under the Orders.
splitting agreement means:
(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB of the
(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB of the
splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.
splitting percentage means:
(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975; or
(b) for a splitting order—the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975.
standard pension means any of the following:
(a) pension under section 38, 39, 41 or 43;
(b) invalidity benefit;
(c) pension under section 55 or 57;
(d) associate pension.
superannuation interest has the same meaning as in Part VIIIB of the Family Law Act 1975.
transfer amount means:
(a) if a splitting percentage applies—the amount calculated by multiplying the splitting percentage by the greater of:
(i) the family law value; and
(ii) the scheme value; or
(b) if a base amount applies and the scheme value is not more than the family law value—the base amount; or
(c) if a base amount applies and the scheme value is more than the family law value—the amount calculated using the formula:
80B Associate pension for non-member spouse
80D Reduction of standard pension
80E Ministerial Orders
22CA Definitions
In this Part, unless the contrary intention appears:
additional service factor at the operative time has the meaning given by section 22CC.
additional service factor at the payment time has the meaning given by section 22CC.
affected benefit means the affected benefit referred to in section 22CH.
applicable additional percentage means the percentage that is applied to the rate of salary, or allowance by way of salary, payable in respect of an office in order to calculate:
(a) the annual rate of an additional retiring allowance; or
(b) the annual rate of an annuity.
applicable basic percentage means the percentage that is applied to the rate of parliamentary allowance in order to calculate:
(a) the annual rate of a retiring allowance (other than additional retiring allowance); or
(b) the annual rate of an annuity.
associate annuity means an annuity under section 22CD or 22CE.
associate deferred annuity means an associate deferred annuity under section 22CE.
associate immediate annuity means an associate immediate annuity under section 22CD.
base amount means:
(a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
(b) for a splitting order—the amount allocated under subsection 90MT(4) of the Family Law Act 1975.
basic service factor at the operative time has the meaning given by section 22CB.
basic service factor at the payment time has the meaning given by section 22CB.
family law value means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for the purposes of paragraph 90MT(2)(a) of the Family Law Act 1975. In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.
member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-standard annuity means an annuity other than a standard allowance or annuity.
operative time, in relation to a splitting agreement or splitting order, means the time that is the operative time for the purposes of Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.
Orders means Orders under section 22CK.
original interest means a superannuation interest to which section 22CD applies.
payment split has the same meaning as in Part VIIIB of the Family Law Act 1975.
payment time, in relation to the affected benefit, means the time when the benefit becomes payable.
scheme value means the amount determined under the Orders.
Secretary means the Secretary of the Department.
section 16A amount means the total referred to in paragraph 16A(1)(c).
section 22Q amount means the employer component, or the sum of the employer components, referred to in paragraph 22Q(5)(c).
splitting agreement means:
(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB of the
(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB of the
splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.
splitting percentage means:
(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975; or
(b) for a splitting order—the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975.
standard allowance or annuity means:
(a) a retiring allowance; or
(b) an annuity, other than an annuity under section 19AA.
superannuation interest has the same meaning as in Part VIIIB of the Family Law Act 1975.
transfer amount means:
(a) if a splitting percentage applies—the amount calculated by multiplying the splitting percentage by the greater of:
(i) the family law value; and
(ii) the scheme value; or
(b) if a base amount applies and the scheme value is not more than the family law value—the base amount; or
(c) if a base amount applies and the scheme value is more than the family law value—the amount calculated using the formula:
transfer factor means the number calculated by dividing the number of whole dollars in the transfer amount by the number of whole dollars in the scheme value.
22CB Basic service factor
22CD Associate annuity for non-member spouse
22CG Operative time during growth phase—reduction of lump sum
22CK Ministerial Orders
93DA Definitions
In this Part, unless the contrary intention appears:
associate pension means an associate pension under section 93DB.
base amount means:
(a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
(b) for a splitting order—the amount allocated under subsection 90MT(4) of the Family Law Act 1975.
family law value means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for the purposes of paragraph 90MT(2)(a) of the Family Law Act 1975. In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.
member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-standard pension means a pension under this Act other than a standard pension.
operative time, in relation to a splitting agreement or splitting order, means the time that is the operative time for the purposes of Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.
Orders means Orders under section 93DE.
original interest means a superannuation interest to which section 93DB applies.
payment split has the same meaning as in Part VIIIB of the Family Law Act 1975.
splitting agreement means:
(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB of the
(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB of the
splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.
splitting percentage means:
(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975; or
(b) for a splitting order—the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975.
standard pension means any of the following:
(a) a pension under section 37 or 38;
(b) a pension under section 46, section 47 (other than subsection (4)), section 48AA or section 48AB (other than in relation to subsection 47(4) or section 48);
(c) a benefit under subsection 48C(3) that consists of regular payments;
(d) an associate pension.
superannuation interest has the same meaning as in Part VIIIB of the Family Law Act 1975.
transfer amount means:
(a) if a splitting percentage applies—the amount calculated by multiplying the splitting percentage by the family law value; or
(b) otherwise—the base amount.
93DB Associate pension for non-member spouse
93DD Reduction of standard pension
93DE Ministerial Orders
146MA Definitions
In this Part, unless the contrary intention appears:
additional pension means any of the following:
(a) additional age retirement pension referred to in section 55 or 136;
(b) additional early retirement pension referred to in section 59 or 136;
(c) spouse’s additional pension referred to in section 89, 93 or 136;
(d) associate additional pension.
associate additional pension means associate additional pension under section 146MB.
associate deferred benefits means associate deferred benefits under section 146MC.
associate deferred pension means associate deferred pension under section 146MC.
associate standard pension means associate standard pension under section 146MB.
base amount means:
(a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
(b) for a splitting order—the amount allocated under subsection 90MT(4) of the Family Law Act 1975.
basic contributions amount means the amount determined under the Orders.
basic contributions component means the amount calculated by multiplying the basic contributions amount by the transfer factor.
employer contributions amount means the amount determined under the Orders.
employer contributions component means the amount calculated by multiplying the employer contributions amount by the transfer factor.
family law value means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for the purposes of paragraph 90MT(2)(a) of the Family Law Act 1975. In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.
funded component means the sum of the following amounts:
(a) the basic contributions component;
(b) the supplementary contributions component;
(c) the employer contributions component;
(d) the section 110SL component;
(e) the section 130B component.
member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non-standard pension means pension under this Act other than:
(a) standard pension; or
(b) additional pension.
operative time, in relation to a splitting agreement or splitting order, means the time that is the operative time for the purposes of Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.
Orders means Orders under section 146MH.
original interest means a superannuation interest to which section 146MB applies.
payment split has the same meaning as in Part VIIIB of the Family Law Act 1975.
scheme value means the amount determined under the Orders.
section 110SL amount means the amount determined under the Orders.
section 110SL component means the amount calculated by multiplying the section 110SL amount by the transfer factor.
section 130B amount means the amount determined under the Orders.
section 130B component means the amount calculated by multiplying the section 130B amount by the transfer factor.
splitting agreement means:
(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB of the
(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB of the
splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.
splitting percentage means:
(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975; or
(b) for a splitting order—the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975.
standard pension means any of the following:
(a) standard age retirement pension referred to in section 55 or 136;
(b) standard early retirement pension referred to in section 59 or 136;
(c) invalidity pension;
(d) spouse’s pension, other than spouse’s additional pension referred to in section 89, 93 or 136;
(e) extra spouse’s pension;
(f) associate standard pension;
(g) associate deferred pension.
superannuation interest has the same meaning as in Part VIIIB of the Family Law Act 1975.
supplementary contributions amount means the amount determined under the Orders.
supplementary contributions component means the amount calculated by multiplying the supplementary contributions amount by the transfer factor.
transfer amount means:
(a) if a splitting percentage applies—the amount calculated by multiplying the splitting percentage by the greater of:
(i) the family law value; and
(ii) the scheme value; or
(b) if a base amount applies and the scheme value is not more than the family law value—the base amount; or
(c) if a base amount applies and the scheme value is more than the family law value—the amount calculated using the formula:
transfer factor means the number calculated by dividing the number of whole dollars in the transfer amount by the number of whole dollars in the scheme value.
unfunded component means the transfer amount reduced by the funded component.
146MB Associate pension or deferred benefits for non-member spouse
146ME Operative time during growth phase—reduction of benefits
146MH Ministerial Orders