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Determinations/Superannuation as made
This Determination provides for the valuation information which the trustee of NSW State Superannuation Scheme must, on application made under the superannuation splitting provisions of the Family Law Act 1975, provide to parties to a marriage or a de facto relationship for the purpose of property settlements between them under that Act.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 06
Made 21 Dec 2010
Registered 10 Jan 2011
Tabled HR 08 Feb 2011
Tabled Senate 08 Feb 2011

I, ROBERT MCCLELLAND, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.

Dated 21 December 2010

ROBERT MCCLELLAND


Contents

                        1     Name of Determination                                                                         2

                        2     Commencement                                                                                  2

                        3     Definitions                                                                                           2

                        4     Application of Determination                                                                 2

                        5     Provision of information by trustee                                                         3

 

 


1              Name of Determination

                This Determination is the Family Law (Superannuation) (Provision of Information — NSW State Superannuation Scheme) Determination 2010.

2              Commencement

                This Determination commences on the day after it is registered.

3              Definitions

         (1)   In this Determination:

flag lifting agreement has the same meaning as in section 90MD of the Family Law Act 1975.

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

NSW Superannuation Act means the Superannuation Act 1916 (NSW).

Regulations means the Family Law (Superannuation) Regulations 2001.

splitting order has the same meaning as in section 90MD of the Family Law Act 1975.

SS Scheme means the superannuation scheme constituted by the NSW Superannuation Act.

superannuation agreement has the same meaning as in section 90MD of the Family Law Act 1975.

         (2)   An expression used in this Determination and in the NSW Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW Superannuation Act or the provision of that Act.

4              Application of Determination

                This Determination applies to a superannuation interest in the SS Scheme for which a method and factors have been approved under Part 8 of Schedule 2 to the M & F Approval.

5              Provision of information by trustee

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

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

               (b)    for paragraphs 64 (7) (b) and (7B) (b) of the Regulations, the trustee of the SS Scheme must provide any 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 subclause 2 (1) of Part 8 of Schedule 2 to the M & F Approval

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

 

2

An interest mentioned in clause 11 of Part 8 of Schedule 2 to the M & F Approval (a clause 11 interest) held by a person who has elected, under paragraph 20AB (1) (b) of the NSW Superannuation Act, to make provision for a benefit provided by Division 3A of Part 4 of that Act

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

The following information:

   (a)  P1 and P2 (as those terms are defined in the table in clause 11 of Part 8 of Schedule 2 to the M & F Approval);

   (b)  the date of birth of the person who has the interest;

   (c)  the date when the person elected, under paragraph 20AB (1) (b) of the NSW Superannuation Act, to make provision for a benefit provided by Division 3A of Part 4 of that Act;

   (d)  in the case of each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the SS Scheme in respect of the interest, the date of:

         (i)   any payment or release, under paragraph 61WB (3) (a) of the NSW Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or

 

 

 

        (ii)   any transfer or rollover, under paragraph 61WB (3) (b) of the NSW Superannuation Act, of an amount to a superannuation fund or a retirement savings account to be held for the benefit of the person with the entitlement under that order or agreement;

 

 

 

   (e)  in the case of each payment, release, transfer or rollover mentioned in paragraph (d):

         (i)   the value of the entitlement of the person under the order or agreement immediately before the payment, release, transfer or rollover; and

        (ii)   the value of the interest to which the order or agreement applies, immediately before that payment, release, transfer or rollover, determined in accordance with clause 11 of Part 8 of Schedule 2 to the M & F Approval; and

       (iii)   Be, Bs, CDe and CDs (as those terms are defined in subclause 13 (3) of Part 8 of Schedule 2 to the M & F Approval); and

       (iv)   TPCIs, V0, and V1 (as those terms are defined in subclause 14 (1) of Part 8 of Schedule 2 to the M & F Approval); and

        (v)   P1, P2 and TPCIe (as those terms are defined in subclause 14 (2) of Part 8 of Schedule 2 to the M & F Approval)

3

For a clause 11 interest held by a person who has elected to take the benefit of Division 3A of Part 4 of the NSW Superannuation Act

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

The following information:

   (a)  the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;

   (b)  the person’s exit day, within the meaning given by subsection 3 (1) of the NSW Superannuation Act

4

For a clause 11 interest held by a person to whom subsection 52IA (1) of the NSW Superannuation Act applies

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

The following information:

   (a)  the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;

   (b)  the date that subsection 52IA (1) of the NSW Superannuation Act first applied to the person

5

For a clause 11 interest held by a person who has elected, under paragraph 52N (1) (b) of the NSW Superannuation Act, to preserve a benefit provided for by Division 3A of Part 4 of that Act

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

The following information:

   (a)  the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;

   (b)  the date that was the exit day for the person under Division 3B of Part 4 of the NSW Superannuation Act

6

For a clause 11 interest held by a person who is taken, under subclause 2 (1) of Schedule 23 to the NSW Superannuation Act, to have elected to take the benefit of Division 3A of Part 4 of that Act

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

The following information:

   (a)  the information mentioned in paragraphs (a), (b), (d) and (e) of item 2;

   (b)  the date that Part 1 of Schedule 23 to the NSW Superannuation Act first applied to the person

7

An interest mentioned in clause 15 of Part 8 of Schedule 2 to the M & F Approval (a clause 15 interest) held by a person who has elected, under paragraph 52N (1) (a) of the NSW Superannuation Act, to defer a benefit under subsection 21 (1) or (1B) of that Act, in accordance with Division 3B of Part 4 of that Act

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

The following information:

   (a)  LS and P (as those terms are defined in the table in clause 15 of Part 8 of Schedule 2 to the M & F Approval);

   (b)  the date of birth of the person who has the interest;

   (c)  the date that was the exit day for the person under Division 3B of Part 4 of the NSW Superannuation Act;

   (d)  in the case of each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the SS Scheme in respect of the interest, the date of:

         (i)   any payment or release, under paragraph 61WB (3) (a) of the NSW Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or

        (ii)   any transfer or rollover, under paragraph 61WB (3) (b) of the NSW Superannuation Act, of an amount to a superannuation fund or a retirement savings account to be held for the benefit of the person with the entitlement under that order or agreement;

   (e)  in the case of each payment, release, transfer or rollover mentioned in paragraph (d):

         (i)   the value of the entitlement of the person under the order or agreement immediately before the payment, release, transfer or rollover; and

 

 

 

        (ii)   the value of the interest to which the order or agreement applies, immediately before that payment, release, transfer or rollover, determined in accordance with clause 15 of Part 8 of Schedule 2 to the M & F Approval; and

       (iii)   Be, Bs, CDe and CDs (as those terms are defined in subclause 16 (3) of Part 8 of Schedule 2 to the M & F Approval); and

       (iv)   TPCIs, V0, and V1 (as those terms are defined in subclause 17 (1) of Part 8 of Schedule 2 to the M & F Approval); and

        (v)   LS, P and TPCIe (as those terms are defined in subclause 17 (2) of Part 8 of Schedule 2 to the M & F Approval)

8

For a clause 15 interest held by a person who has elected, under subclause 2 (2) of Schedule 23 to the NSW Superannuation Act, to take the benefit of Division 3B of Part 4 of that Act

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

The following information:

   (a)  the information mentioned in paragraphs (a), (b), (d) and (e) of item 7;

   (b)  the date that Part 1 of Schedule 23 to the NSW Superannuation Act first applied to the person

9

An interest mentioned in clause 18 of Part 8 of Schedule 2 to the M & F Approval

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

The following information:

   (a)  LS and P (as those terms are defined in the table in clause 18 of Part 8 of Schedule 2 to the M & F Approval);

   (b)  the date of birth of the person who holds the interest mentioned in clause 18 of Part 8 of Schedule 2 to the M & F Approval;

   (c)  the date when the benefit to which the person is entitled was preserved under Division 3D of Part 4 of the NSW Superannuation Act;

   (d)  in the case of each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the SS Scheme in respect of the interest, the date of:

         (i)   any payment or release, under paragraph 61WB (3) (a) of the NSW Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or

        (ii)   any transfer or rollover, under paragraph 61WB (3) (b) of the NSW Superannuation Act, of an amount to a superannuation fund or a retirement savings account to be held for the benefit of the person with the entitlement under that order or agreement;

 

 

 

   (e)  in the case of each payment, release, transfer or rollover mentioned in paragraph (d) above:

         (i)   the value of the entitlement of the person under the order or agreement immediately before the payment, release, transfer or rollover; and

        (ii)   the value of the interest to which the order or agreement applies, immediately before that payment, release, transfer or rollover, determined in accordance with clause 18 of Part 8 of Schedule 2 to the M & F Approval; and

       (iii)   Be, Bs, CDe and CDs (as those terms are defined in subclause 22 (3) of Part 8 of Schedule 2 to the M & F Approval); and

       (iv)   TPCIs, V0 and V1 (as those terms are defined in subclause 23 (1) of Part 8 of Schedule 2 to the M & F Approval); and

        (v)   LS, P and TPCIe (as those terms are defined in subclause 23 (2) of Part 8 of Schedule 2 to the M & F Approval)

10

An interest mentioned in clause 24 of Part 8 of Schedule 2 to the M & F Approval

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

The following information:

   (a)  the date of birth of the person who has the interest;

   (b)  the type of pension payable to the person


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.