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Determinations/Superannuation as amended, taking into account amendments up to Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Amendment Determination 2005 (No. 1)
Administered by: Attorney-General's
Registered 27 May 2005
Start Date 26 May 2005

Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004

as amended

made under subregulation 64 (7) of the

This compilation was prepared on 27 May 2005
taking into account amendments up to
Family Law (Superannuation) (Provision of Information — Defence Force Schemes) 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                   4

                        6     Provision of information by trustee — payment phase interests                6

Notes                                                                                                                                8

 

 


  

  

1              Name of Determination [see Note 1]

                This Determination is the Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004.

2              Commencement [see Note 1]

                This Determination commences on the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004.

3              Definitions

         (1)   In this Determination:

Defence Force scheme means a scheme that is mentioned in an item in the table in clause 3 or 4 of Part 3 of Schedule 1 to the Methods and Factors Approval.

Determination means the Defence Force (Superannuation) (Productivity Benefit) Determination, made under subsection 52 (1) of the Defence Act 1903.

DFRB Act means the Defence Forces Retirement Benefits Act 1948.

DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.

growth phase table means the table in clause 3 of Part 3 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.

notional retiring age, for an officer, has the meaning given by clause 1 of Part 3 of Schedule 1 to the Methods and Factors Approval.

officer has the meaning given by subsection 3 (1) of the DFRDB Act.

payment phase table means the table in clause 4 of Part 3 of Schedule 1 to the Methods and Factors Approval.

Regulations means the Family Law (Superannuation) Regulations 2001.

         (2)   For this Determination, a reference to ‘the relevant date’ 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 to a superannuation interest in a Defence Force scheme for which a method and factors have been approved under Part 3 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:

                (a)    for paragraph 64 (7) (a) of the Regulations, the trustee of the relevant Defence Force scheme 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 relevant Defence Force scheme 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 growth phase table

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

The information mentioned in the definition of the following factors in item 1 of the growth phase table:

   (a)  DP;

   (b)  y´;

   (c)  m´

The following information about the person who has the interest:

   (a)  the person’s date of birth;

   (b)  the date when the person first becomes eligible for deferred benefits by way of a pension

2

An interest mentioned in item 2 of the growth phase table

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

The information mentioned in the definition of the following factors in item 2 of the growth phase table:

   (a)  APMs;

   (b)  C;

   (c)  CPPA

The following information about the person who has the interest:

   (a)  the person’s date of birth;

   (b)  the person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act;

   (c)  whether the person is an officer or is not an officer;

   (d)  if the person is an officer — his or her notional retiring age

3

An interest mentioned in item 3 of the growth phase table

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

The information mentioned in the definition of the following factors in item 3 of the growth phase table:

   (a)  PC;

   (b)  SG

 

 

 

The following information about the person who has the interest:

   (a)  the person’s date of birth;

   (b)  the person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act;

   (c)  whether the person is an officer or is not an officer;

   (d)  if the person is an officer — his or her notional retiring age

4

An interest mentioned in item 4 of the growth phase table

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

The information mentioned in the definition of the following factors in item 4 of the growth phase table:

   (a)  P;

   (b)  IR;

   (c)  NIR;

   (d)  C

The following information about the person who has the interest:

   (a)  the person’s date of birth;

   (b)  whether the person is an officer or is not an officer;

   (c)  if the person is an officer — his or her notional retiring age

5

An interest mentioned in item 5 of the growth phase table

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

The following information about the person who has the interest:

   (a)  the total of the amount of productivity benefit (excluding interest) that would have been credited to the person under subclauses 8 (2) and (3), 8A (2) and (3) and 8AA (2), (3) and (4) of the Determination, if it had been credited to the person at the rate of 3% of the person’s pay for each of the pay periods mentioned in each of those subclauses of the Determination;

 

 

 

   (b)  the total of the amount of productivity benefit (being interest) that would have been credited to the person under subclauses 8 (4) and (5), 8A (4) and (5) and 8AA (5) and (6) of the Determination on account of the amount mentioned in paragraph (a) above, if that amount had been an amount of productivity benefit credited to the person;

   (c)  whether the person is an officer or is not an officer;

   (d)  if the person is an officer — his or her notional retiring age

6

An interest mentioned in item 6 of the growth phase table

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

The information mentioned in the definition of the following factors in item 6 of the growth phase table:

   (a)  ARP;

   (b)  APMs

The person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act

6              Provision of information by trustee — payment phase interests

                In relation to a superannuation interest mentioned in an item in the following table:

                (a)    for paragraph 64 (7B) (a) of the Regulations, the trustee of the relevant Defence Force scheme 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 relevant Defence Force scheme 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 payment phase table

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

The information mentioned in the definition of the following factors in item 1 of the payment phase table:

   (a)  IP;

   (b)  NIP;

   (c)  IR;

   (d)  NIR

 

 

 

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

2

An interest mentioned in item 2 of the payment phase table

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

The information mentioned in the definition of IR in item 2 of the payment phase table

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

3

An interest mentioned in item 3 of the payment phase table

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

The information mentioned in the definition of the following factors in item 3 of the payment phase 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

4

An interest mentioned in item 4 of the payment phase table

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

The information mentioned in the definition of IP in item 4 of the payment phase table

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)  the annual amount (if any) of the person’s pension that is additional pension payable in respect of an eligible child of the person under paragraph 55 (1) (b) or 57 (1) (b) of the DFRB Act

 


Notes to the Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004

Note 1

The Family Law (Superannuation) (Provision of Information — Defence Force Schemes) 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  — Defence Force Schemes) Determination 2004

13 May 2004 (see Gazette 2004, No. S152)

18 May 2004 (see s. 2)

 

Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Amendment Determination 2005 (No. 1)

25 May 2005 (see F2005L01181)

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

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

am. 2005 No. 1

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

ad. 2005 No. 1