Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 80A

                   In this Part, unless the contrary intention appears:

"associate pension" means associate pension under section 80B.

"base amount" means:

                     (a)  for a splitting agreement--the base amount specified in, or calculated under, the agreement; or

                     (b)  for a splitting order--the amount allocated under subsection 90MT(4) of the Family Law Act 1975 .

"Chairman" means the Chairman of the Authority.

"family law value" means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for the purposes of paragraph 90MT(2)(a) of the Family Law Act 1975 . In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.

Note:          This amount is determined by applying those regulations, whether or not an order has been made under subsection 90MT(1) of the Family Law Act 1975 .

"member spouse" has the same meaning as in Part VIIIB of the Family Law Act 1975 .

"non-member spouse" has the same meaning as in Part VIIIB of the Family Law Act 1975 .

"non-standard pension" means pension under this Act other than standard pension.

"operative time" , in relation to a splitting agreement or splitting order, means the time that is the operative time for the purposes of Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.

"Orders" means Orders under section 80E.

"original interest" means a superannuation interest to which section 80B applies.

"payment split" has the same meaning as in Part VIIIB of the Family Law Act 1975 .

"scheme value" means the amount determined under the Orders.

"splitting agreement" means:

                     (a)  a superannuation agreement (within the meaning of Part VIIIB of the Family Law Act 1975 ); or

                     (b)  a flag lifting agreement (within the meaning of Part VIIIB of the Family Law Act 1975 ) that provides for a payment split.

"splitting order" has the same meaning as in Part VIIIB of the Family Law Act 1975.

"splitting percentage" means:

                     (a)  for a splitting agreement--the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975 ; or

                     (b)  for a splitting order--the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975 .

"standard pension" means any of the following:

                     (a)  pension under section 38, 39, 41 or 43;

                     (b)  invalidity benefit;

                     (c)  pension under section 55 or 57;

                     (d)  associate pension.

"superannuation interest" has the same meaning as in Part VIIIB of the Family Law Act 1975 .

"transfer amount" means:

                     (a)  if a splitting percentage applies--the amount calculated by multiplying the splitting percentage by the greater of:

                              (i)  the family law value; and

                             (ii)  the scheme value; or

                     (b)  if a base amount applies and the scheme value is not more than the family law value--the base amount; or

                     (c)  if a base amount applies and the scheme value is more than the family law value--the amount calculated using the formula: