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Determinations/Superannuation as made
This Determination provides for the valuation information which the trustee of NSW Police 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


1              Name of Determination

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

2              Commencement

                This Determination commences on the day after it is registered.

3              Definitions

         (1)   In this Determination:

early release debt account means the account created under subregulation 15 (3) of the Police Superannuation Regulation 2010 (NSW).

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 Police Superannuation Act means the Police Regulation (Superannuation) Act 1906 (NSW).

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

Regulations means the Family Law (Superannuation) Regulations 2001.

salary of office has the same meaning as in subsection 1AA (1) of the NSW Police Superannuation Act.

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

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 Police Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW Police Superannuation Act or the provision of that Act.

4              Application of Determination

                This Determination applies to a superannuation interest in the NSW Police Superannuation Scheme for which a method and factors have been approved under Part 5 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 Police 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 Police 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 clause 2 of Part 5 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)  B, C, ESR and NEA (as those terms are defined in subclause 3 (1) of Part 5 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 date that salary of office, as a member of the NSW Police Force, for which contributions were deducted under subsection 5 (1) of the NSW Police Superannuation Act, first became payable;

   (d)  the balance of the early release debt account for any benefit released to the person under subsection 12F (1) or 12G (1) of the NSW Police Superannuation Act;

   (e)  for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW Police Superannuation Scheme for the interest — the date of:

         (i)   any payment or release, under paragraph 14P (3) (a) of the NSW Police Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or 

        (ii)   any transfer or rollover, under paragraph 14P (3) (b) of the NSW Police 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;

 

 

 

   (f)  for each payment, release, transfer or rollover mentioned in paragraph (e):

         (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 2 of Part 5 of Schedule 2 to the M & F Approval; and

       (iii)   Cs and TArd (as those terms are defined in subclause 4 (2) of Part 5 of Schedule 2 to the M & F Approval); and

 

 

 

       (iv)   ASESR, NEA, B and C (as those terms are defined in paragraph (a) of the definition of EFBProps in subclause 5 (2) of Part 5 of Schedule 2 to the M & F Approval); and

 

 

 

        (v)   NEA (as that term is defined in paragraph (b) of the definition of EFBProp in subclause 5 (2) of Part 5 of Schedule 2 to the M & F Approval); and

       (vi)   CSProp (as that term is defined in subclause 5 (2) of Part 5 of Schedule 2 to the M & F Approval)

2

An interest mentioned in clause 6 of Part 5 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 mentioned in column 2;

   (b)  the type of superannuation allowance 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.