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Determinations/Superannuation as made
This Determination provides for the valuation information which the trustee of NSW State Authorities Non-contributory 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
Registered 10 Jan 2011
Tabling HistoryDate
Tabled Senate08-Feb-2011
Tabled HR08-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


1              Name of Determination

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

2              Commencement

                This Determination commences on the day after it is registered.

3              Definitions

         (1)   In this Determination:

Commonwealth co‑contribution account has the same meaning as in subsection 3 (1) of the NSW State Authorities Non‑contributory Superannuation Act.

early release debt account means the account created under subregulation 9 (3) of the NSW State Authorities Non‑contributory Superannuation Regulation.

employee has the same meaning as in subsection 3 (1) of the NSW State Authorities Non‑contributory Superannuation Act.

final average salary has the same meaning as in subsection 21 (1) of the NSW State Authorities Non‑contributory Superannuation Act.

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 State Authorities Non‑contributory Superannuation Act means the State Authorities Non‑contributory Superannuation Act 1987 (NSW).

NSW State Authorities Non‑contributory Superannuation Regulation means the State Authorities Non‑contributory Superannuation Regulation 2010 (NSW).

NSW State Authorities Non‑contributory Superannuation Scheme means the superannuation scheme constituted by the NSW State Authorities Non‑contributory Superannuation Act.

Regulations means the Family Law (Superannuation) Regulations 2001.

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

STC has the same meaning as in subsection 3 (1) of the NSW State Authorities Non‑contributory 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 State Authorities Non‑contributory Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW State Authorities Non‑contributory Superannuation Act or the provision of that Act.

4              Application of Determination

                This Determination applies to a superannuation interest in the NSW State Authorities Non‑contributory Superannuation Scheme for which a method and factors have been approved under Part 9 of Schedule 2 to the M & F Approval.

5              Provision of information by trustee

                For 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 NSW State Authorities Non‑contributory Superannuation 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 NSW State Authorities Non‑contributory Superannuation 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 item 1 in the table in clause 2 of Part 9 of Schedule 2 to the M & F Approval

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

The following information:

   (a)  C and B (as those terms are defined in item 1 in the table in clause 2 of Part 9 of Schedule 2 to the M & F Approval);

   (b)  the date of birth of the person who has the interest mentioned in column 2;

   (c)  the balance of the early release debt account for any benefit released to the person under paragraph 23 (1) (c) of the NSW State Authorities Non‑contributory Superannuation Act;

   (d)  for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Non‑contributory Superannuation Scheme for the interest — the date of:

         (i)   any payment or release, under paragraph 27AJ (3) (a) of the NSW State Authorities Non‑contributory Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or 

 

 

 

        (ii)   any transfer or rollover, under paragraph 27AJ (3) (b) of the NSW State Authorities Non‑contributory 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)  for 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 the method in item 1 of the Table in clause 2 of Part 9 of Schedule 2 to the M & F Approval; and

           

 

 

       (iii)   the number of days, and any additional proportion of a day, of eligible service of the person who has the interest, accrued in accordance with clause 5 of the NSW State Authorities Non‑contributory Superannuation Regulation, before 1 July 1988; and

       (iv)   the number of days, and any additional proportion of a day, of eligible service of the person who has the interest, accrued in accordance with clause 5 of the NSW State Authorities Non‑contributory Superannuation Regulation, after 1 July 1988;

 

 

 

   (f)  the balance of the Commonwealth co‑contribution  account of the person;

   (g)  any adjustment that the STC would make to the Commonwealth co‑contribution account of the person if he or she were to voluntarily cease to be an employee

2

An interest mentioned in item 2 in the table in clause 2 of Part 9 of Schedule 2 to the M & F Approval

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

A and SC (as those terms are defined in item 1 in the table in clause 2 of Part 9 of Schedule 2 to the M & F Approval)


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.