Federal Register of Legislation - Australian Government

Primary content

Determinations/Superannuation as made
This determination provides for the matters about which the trustee of the Judges’ Pensions Act Scheme is required to provide information to members, spouses and former spouses, under the provisions of the Family Law Act 1975 allowing superannuation to be split on relationship breakdown, in respect of an interest in the Judges' Pensions Act Scheme and also provides for the matters about which the trustee is not required to provide information in respect of an interest in the Scheme.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 06
Made 12 Mar 2013
Registered 14 Mar 2013
Tabled HR 14 Mar 2013
Tabled Senate 14 Mar 2013
Table of contents.

Commonwealth Coat of Arms

 

 

Family Law (Superannuation—Provision of Information: Judges’ Pensions Act Scheme) Determination 2013

I, Mark Dreyfus, Attorney‑General, make the following determination under subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001.

Dated:  12 March 2013

Mark Dreyfus

Attorney‑General

 

  

  

  


Contents

1............ Name of determination.................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Application of determination......................................................................................... 1

6............ Provision of information by trustee—growth phase interests........................................ 1

7............ Provision of information by trustee—payment phase interests...................................... 2

 


1  Name of determination

                   This determination is the Family Law (Superannuation—Provision of Information: Judges’ Pensions Act Scheme) Determination 2013.

2  Commencement

                   This determination commences on 15 March 2013.

3  Authority

                   This determination is made under subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001.

4  Definitions

             (1)  In this determination:

growth phase table means the table in clause 2 of Part 6 of Schedule 1 to the Methods and Factors Approval.

Judge has the same meaning as in the Judges’ Pensions Act 1968.

Judges’ Pensions Act Scheme means the scheme constituted by the Judges’ Pensions Act 1968.

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)  For this determination, a reference to “the relevant date” in the definition of a factor in the Methods and Factors Approval mentioned in column 3 of an item of the table in section 6 is to be read as if it were a reference to “the appropriate date”.

5  Application of determination

                   This determination applies to a superannuation interest in the Judges’ Pensions Act Scheme for which a method and factors have been approved under Part 6 of Schedule 1 to the Methods and Factors Approval.

6  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 Judges’ Pensions Act Scheme is not required to provide the information about the interest mentioned in column 2 of the item; and

                     (b)  for paragraph 64(7)(b) of the Regulations, the trustee of the Judges’ Pensions Act Scheme must provide the information about the interest mentioned in column 3 of the item.

 

Provision of information for growth phase interests

 

Column 1

Column 2

Column 3

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(4)(a), (b) and (d) to (m) of the Regulations

The factors APF, RAPF and LS as defined in item 1 of the growth phase table

The date of appointment as a Judge of the person who has the interest

2

An interest mentioned in item 2 of the growth phase table

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

The benefit that would have been payable under section 12A of the Judges’ Pensions Act 1968, after taking into account any reduction under section 17AF of that Act, if the person had died on the appropriate date and no spouse or orphan pension had been payable.

The date of appointment as a Judge of the person who has the interest

3

An interest mentioned in item 3 of the growth phase table

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

The factor HP as defined in item 3 of the growth phase table

4

An interest mentioned in item 4 of the growth phase table

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

The factor ATA as defined in item 4 of the growth phase table

 

7  Provision of information by trustee—payment phase interests

             (1)  This section is made for paragraph 64(7B)(a) of the Regulations, in relation to an interest that a person has in the Judges’ Pensions Act Scheme as a result of being paid a pension under the Judges’ Pensions Act 1968.

             (2)  The trustee of the Scheme is not required to provide the information mentioned in paragraphs 64(3)(a), (aa), (c), (d) and (e) of the Regulations.