Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Amendment Approval 2003 (No. 1)

I, PHILIP MAXWELL RUDDOCK, Attorney-General, make this instrument under regulation 38 of the Family Law (Superannuation) Regulations 2001.

Dated 12 November 2003

PHILIP RUDDOCK

Attorney-General

 

1 Name of instrument

  This instrument is the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Amendment Approval 2003 (No. 1).

2 Commencement

  This instrument commences on gazettal.

3 Amendment of Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003

  Schedule 1 amends the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

Schedule 1 Amendment

(section 3)

 

[1] Schedule 6, after Part 1

insert

Part 2 South Australian Local Government Superannuation Scheme

1 Interpretation

 (1) In this Part:

SA Local Government Superannuation Scheme means the scheme continued in existence by subclause 3 (1) of Schedule 1 to the Local Government Act 1999 (SA).

Rules means the Rules of the SA Local Government Superannuation Scheme.

 (2) An expression used in this Part and in the Rules has the same meaning in this Part as it has in the Rules.

Examples of expressions defined in the Rules

 Fund

 Member

 Member’s Credit

 Salarylink Benefit

 Salarylink Contributions

 Service.

2 Methods and factors for interests in SA Local Government Superannuation Scheme

  For an interest that is in the growth phase in the SA Local Government Superannuation Scheme mentioned in an item in the following table, the method or factor mentioned in the item is approved for section 4 of this instrument.

 

Item

Interest in the growth phase

Method or factor

1

An interest that a person has as a Member of the SA Local Government Superannuation Scheme who:

 (a) may elect to make Salarylink Contributions to the Fund under the Rules; and

 (b) is entitled to a retirement benefit that is a Salarylink Benefit (other than a benefit that is payable under sub-sub-subparagraph 61 (a) (ii) (B) (4) of the Rules).

AB + DB

where:

AB is the value of the accumulation benefit, being the balance of the Member’s Credit at the relevant date.

DB is the value of the defined benefit calculated in accordance with the method in clause 3 of Schedule 2 to the Regulations for calculating the gross value, at the relevant date, of a defined benefit interest, except that:

 (a) the reference, in the definition of fy, in subclause 3 (2) of Schedule 2, to the lump sum valuation factor mentioned in clause 4 of Schedule 2 to the Regulations, is taken to be a reference to the lump sum valuation factor for an active Member mentioned in Table 1 of this Part that applies at the relevant date to the person’s age in complete years; and

 (b) the reference, in the definition of fy+1, in subclause 3 (2) of Schedule 2, to the lump sum valuation factor mentioned in clause 4 of Schedule 2 to the Regulations, is taken to be a reference to the lump sum valuation factor for an active Member mentioned in Table 1 of this Part that would apply if the person’s age were one year more than the person’s age at the relevant date.

2

An interest that a person has as a Member of the SA Local Government Superannuation Scheme:

 (a) whose Service was terminated before his or her 55th birthday; and

 (b) who is entitled to a benefit payable under sub-sub-subparagraph 61 (a) (ii) (B) (4) of the Rules.

AB + DB

where:

AB is the value of the accumulation benefit, being any benefit retained by the person in the Fund under rule 73 of the Rules.

DB is the value of the defined benefit calculated in accordance with the method set out in clause 3 of Schedule 2 to the Regulations, except that:

 (a) the definition of A, in subclause 3 (1) of Schedule 2, is substituted by the words ‘A is the preserved benefit under sub-sub-subparagraph 61 (a) (ii) (B) (4) of the Rules at the relevant date.’; and

 (b) the reference, in the definition of fy, in subclause 3 (2) of Schedule 2, to the lump sum valuation factor mentioned in clause 4 of Schedule 2 to the Regulations, is taken to be a reference to the lump sum valuation factor for a preserved Member mentioned in Table 1 of this Part that applies at the relevant date to the person’s age in complete years; and

 (c) the reference, in the definition of fy+1, in subclause 3 (2) of Schedule 2, to the lump sum valuation factor mentioned in clause 4 of Schedule 2 to the Regulations, is taken to be a reference to the lump sum valuation factor for a preserved Member mentioned in Table 1 of this Part that would apply if the person’s age were one year more than the person’s age at the relevant date.

Table 1 Lump sum valuation factors

 

Item

Age at relevant date
(in complete years)

Active Members

Preserved Members

1

16

0.4518

0.4893

2

17

0.4606

0.4989

3

18

0.4695

0.5087

4

19

0.4785

0.5187

5

20

0.4876

0.5289

6

21

0.4961

0.5388

7

22

0.5056

0.5489

8

23

0.5151

0.5592

9

24

0.5247

0.5695

10

25

0.5342

0.5801

11

26

0.5436

0.5906

12

27

0.5537

0.6014

13

28

0.5639

0.6124

14

29

0.5743

0.6237

15

30

0.5849

0.6353

16

31

0.5945

0.6462

17

32

0.6043

0.6573

18

33

0.6142

0.6688

19

34

0.6241

0.6805

20

35

0.6340

0.6925

21

36

0.6438

0.7048

22

37

0.6550

0.7173

23

38

0.6664

0.7302

24

39

0.6779

0.7434

25

40

0.6895

0.7568

26

41

0.7016

0.7708

27

42

0.7145

0.7854

28

43

0.7277

0.8002

29

44

0.7410

0.8154

30

45

0.7542

0.8307

31

46

0.7673

0.8461

32

47

0.7809

0.8618

33

48

0.7944

0.8776

34

49

0.8079

0.8938

35

50

0.8213

0.9103

36

51

0.8345

0.9271

37

52

0.8484

0.9444

38

53

0.8624

0.9623

39

54

0.8767

0.9808

40

55

0.8912

1.0000

41

56

0.8995

1.0000

42

57

0.9089

1.0000

43

58

0.9194

1.0000

44

59

0.9281

1.0000

45

60

0.9383

1.0000

46

61

0.9465

1.0000

47

62

0.9566

1.0000

48

63

0.9692

1.0000

49

64

0.9852

1.0000

50

65

1.0000

1.0000