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Determinations/Superannuation as amended, taking into account amendments up to Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2005 (No. 1)
Registered 27 May 2005
Start Date 26 May 2005
End Date 31 Jan 2008

Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004

as amended

made under subregulation 64 (7) of the

This compilation was prepared on 26 May 2005
taking into account amendments up to Family Law (Superannuation)
(Provision of Information — Commonwealth Superannuation Scheme)
Amendment Determination 2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,
Canberra


Contents

                        1     Name of Determination [see Note 1]                                                      3

                        2     Commencement [see Note 1]                                                               3

                        3     Definitions                                                                                           3

                        4     Application of Determination                                                                 3

                        5     Provision of information by trustee — growth phase interests                   3

                        6     Provision of information by trustee — payment phase interests                7

Notes                                                                                                                              10

 

 


  

  

1              Name of Determination [see Note 1]

                This Determination is the Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004.

2              Commencement [see Note 1]

                This Determination commences on the date of its notification in the Gazette.

3              Definitions

         (1)   In this Determination:

Act means the Superannuation Act 1976.

CSS means the Commonwealth Superannuation Scheme established by the Act.

CSS Board means the board established by section 27A of the Act.

CSS table means the table in clause 2 of Part 1 of Schedule 1 to the Methods and Factors Approval.

Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

Regulations means the Family Law (Superannuation) Regulations 2001.

         (2)   An expression used in this Determination and in section 3 or 146MA (whichever is applicable) of the Act has the same meaning in this Determination as it has in the applicable section of the Act.

         (3)   For this Determination, a reference to ‘the relevant date’:

                (a)    in the description of a kind of superannuation interest in the Methods and Factors Approval mentioned in column 2 of an item of the table in section 5; or

               (b)    in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6;

is to be read as if it were a reference to ‘the appropriate date’.

4              Application of Determination

                This Determination applies in relation to a superannuation interest in the CSS for which a method and factors have been approved under Part 1 of Schedule 1 to the Methods and Factors Approval.

5              Provision of information by trustee — growth phase interests

                In relation to a superannuation interest mentioned in an item in the following table that was in the growth phase at the appropriate date:

                (a)    for paragraph 64 (7) (a) of the Regulations, the trustee of the CSS is not required to provide the information about the interest mentioned in column 3 of the item; and

               (b)    for paragraph 64 (7) (b) of the Regulations, the trustee of the CSS must provide the information about the interest mentioned in column 4 of the item.

 

Item

Superannuation interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in item 1 of the CSS table

The information mentioned in paragraphs 64 (4) (a), (b) and (d) to (i) of the Regulations

The information mentioned in the definitions of the following factors in item 1 of the CSS table:

   (a)  ABC;

   (b)  ASC;

   (c)  PCI;

   (d)  AP;

   (e)  SG

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

 

 

 

Any period when the person who has the interest was, while an eligible employee, on a period of leave of absence without pay for a period longer than 12 weeks (other than an excluded period of leave of absence within the meaning of subsection 51 (2) of the Act)

2

An interest mentioned in item 2 of the CSS table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The information mentioned in the definitions of the following factors in item 2 of the CSS table:

   (a)  ABC;

   (b)  ASC;

   (c)  PCI;

   (d)  P

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

 

 

 

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

3

An interest mentioned in item 3 of the CSS table

The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations

The information mentioned in the definitions of the following factors in item 3 of the CSS table:

   (a)  ABC;

   (b)  ASC;

   (c)  PCI

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

4

An interest mentioned in item 4 of the CSS table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The information mentioned in the definitions of the following factors in item 4 of the CSS table:

   (a)  ABC;

   (b)  ASC;

   (c)  PCI;

   (d)  MTV;

   (e)  TTV

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

5

An interest mentioned in item 5 of the CSS table

The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations

The information mentioned in the definitions of the following factors in item 5 of the CSS table:

   (a)  NIP;

   (b)  PCI;

   (c)  P

 

 

 

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

 

 

 

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

Whether the person who has the interest has made an election under section 110TBA of the Act

6

An interest mentioned in item 6 of the CSS table

The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations

The information mentioned in the definitions of the following factors in item 6 of the CSS table:

   (a)  PCI;

   (b)  P

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

Whether the person who has the interest has made an election under section 110TBA of the Act

7

An interest mentioned in item 7 of the CSS table

The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations

The information mentioned in the definitions of the following factors in item 7 of the CSS table:

   (a)  ABC;

   (b)  ASC;

   (c)  PCI;

   (d)  P

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

8

An interest mentioned in item 8 of the CSS table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The information mentioned in the definitions of the following factors in item 8 of the CSS table:

   (a)  ABC;

   (b)  ASC;

   (c)  PCI;

   (d)  AP;

   (e)  AS

The date of birth of the person who has the interest

The date of the last occasion when the person became an eligible employee

Whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person who has the interest

The date when the person who has the interest ceased to be an eligible employee

9

An interest mentioned in item 10 of the CSS table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The information mentioned in the definitions of the following factors in item 10 of the CSS table:

   (a)  FLS;

   (b)  UFLS

6              Provision of information by trustee — payment phase interests

                In relation to a superannuation interest mentioned in an item in the following table that was in the payment phase at the appropriate date:

                (a)    for paragraph 64 (7B) (a) of the Regulations, the trustee of the CSS is not required to provide the information about the interest mentioned in column 3 of the item; and

               (b)    for paragraph 64 (7B) (b) of the Regulations, the trustee of the CSS must provide the information about the interest mentioned in column 4 of the item.

 

Item

Superannuation interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in item 5 of the CSS table

The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations

The information mentioned in the definition of the following factors in item 5 of the CSS table:

   (a)  NIP;

   (b)  PCI;

   (c)  P

The following information in relation to the person who has the interest:

   (a)  the person’s date of birth;

   (b)  the date of the last occasion when the person became an eligible employee;

   (c)  whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person;

   (d)  whether the person has made an election under section 110TBA of the Act

2

An interest mentioned in item 9 of the CSS table

The information mentioned in paragraph 64 (3) (b) of the Regulations

The information mentioned in the definition of the following factors in item 9 of the CSS table:

   (a)  IP;

   (b)  NIP

 

 

 

The following information in relation to the person who has the interest:

   (a)  the person’s date of birth;

 

 

 

   (b)  the type of pension payable to the person;

 

 

 

   (c)  if the pension payable to the person is an age retirement pension — whether the person has made an election under section 57AA of the Act;

 

 

 

   (d)  if the pension payable to the person is an early retirement pension — whether the person has made an election under section 61AB of the Act;

 

 

 

   (e)  the annual amount (if any) of the person’s pension that, at the appropriate date:

         (i)   is subject to indexation in accordance with the consumer price index; and

        (ii)   is payable because of the existence of one or more eligible children or partially dependent children;

   (f)  the annual amount (if any) of the person’s pension that, at the appropriate date:

         (i)   is fixed in nominal dollars; and

        (ii)   is payable because of the existence of one or more eligible children or partially dependent children

3

An interest mentioned in item 11 of the CSS table

The information mentioned in paragraph 64 (3) (b) of the Regulations

The information mentioned in the definition of the following factors in item 11 of the CSS table:

   (a)  AIP;

   (b)  ANIP

The date of birth of the person who has the interest

4

An interest mentioned in item 12 of the CSS table

The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations

The following information in relation to the person who has the interest:

   (a)  the person’s date of birth;

   (b)  the type of associate deferred pension payable to the person

 


Notes to the Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004

Note 1

The Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004 (in force under subregulation 64 (7) of the Family Law (Superannuation) Regulations 2001) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004

8 Mar 2004 (see Gazette 2004, No. S68)

8 Mar 2004

 

Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2004 (No. 1)

13 May 2004 (see Gazette 2004, No. S150)

18 May 2004 (see s. 2)

Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2005 (No. 1)

25 May 2005 (see F2005L01179)

26 May 2005

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 3.........................................

am. 2005 No. 1

Heading to s. 5.....................

rs. 2005 No. 1

S. 5.........................................

am. 2004 No. 1; 2005 No. 1

S. 6.........................................

ad. 2005 No. 1