Commonwealth Consolidated Regulations

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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001

- made under the Family Law Act 1975

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Regulations  
   2.      Commencement  
   3.      Definitions  
   4.      Other expressions used in Part VIIIB of the Act  
   5.      Meaning of defined benefit interest  
   6.      Meaning of growth phase--superannuation interests in regulated superannuation funds, approved deposit funds and RSAs  
   7.      Meaning of growth phase--superannuation interests in other eligible superannuation plans  
   8.      Meaning of payment phase  
   9.      Meaning of partially vested accumulation interest  
   9A.     Meaning of percentage-only interest (Act s 90MD)  
   9B.     Meaning of percentage-only interest--parliament 70 category under Superannuation (State Public Sector) Deed 1990 (Qld)  
   10.     Meaning of trustee (Act s 90MD)  
   10A.    Meaning of unflaggable interest (Act s 90MD)  
   11.     Meaning of unsplittable interest (Act s 90MD)  

   PART 2--PAYMENTS THAT ARE NOT SPLITTABLE PAYMENTS

           Division 2.1--General

   12.     Payments to member spouse that are not splittable payments (Act s 90ME)  
   13.     Payments after death of member spouse that are not splittable payments (Act s 90ME)  

           Division 2.2--Particular circumstances in which payments are not splittable payments

   14.     Circumstances in which payments are not splittable payments  
   14A.    Meaning of certain expressions for Division 2.2  
   14F.    New interest created or amount transferred or rolled over or paid, under SIS Regulations or RSA Regulations, in satisfaction of non-member spouse's entitlement  
   14G.    New interest created or amount transferred or rolled over or paid by trustee (other than under regulation 14F), or separate entitlement arising, in satisfaction of non-member spouse's entitlement under agreement or order  
   14H.    Amount paid by member spouse in satisfaction of non-member spouse's entitlement under agreement or order  
   14N.    New interest created or amount transferred or rolled over or paid by trustee, or separate entitlement arising, in satisfaction of non-member spouse's entitlement under agreement or order  
   14P.    New deferred annuity established or amount transferred or rolled over or paid by trustee of deferred annuity in satisfaction of non-member spouse's entitlement under agreement or order  
   14Q.    New annuity established or amount transferred or rolled over or paid by trustee of a superannuation annuity (other than under regulation 14P) in satisfaction of non-member spouse's entitlement under agreement or order  

   PART 3--PAYMENT SPLITTING OR FLAGGING BY AGREEMENT

           Division 3.1--Superannuation interest that is not a percentage-only interest

   15.     Application of Division 3.1 (Act s 90MJ)  
   16.     Entitlement of non-member spouse--superannuation interest not in existence or in growth phase  
   17.     Entitlement of non-member spouse--superannuation interest in payment phase  

           Division 3.2--Superannuation interest that is a percentage-only interest

   18.     Application of Division 3.2 (Act s 90MJ)  
   19.     Entitlement of non-member spouse--splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)  
   19A.    Entitlement of non-member spouse--splittable payment payable in respect of superannuation interest in a superannuation annuity  

           Division 3.3--Miscellaneous

   20.     Superannuation interests in excess of low rate cap amount--total withdrawal value (Act s 90MQ)  

   PART 4--PAYMENT SPLITTING OR FLAGGING BY COURT ORDER

           Division 4.1--Superannuation interest that is not a percentage-only interest

   21.     Application of Division 4.1 (Act s 90MT)  
   22.     Determination of amount in relation to certain superannuation interests  
   23.     Entitlement of non-member spouse--interests other than small superannuation accounts interests  
   24.     Determination of value of small superannuation accounts interests  

           Division 4.2--Superannuation interest that is a percentage-only interest

   25.     Application of Division 4.2 (Act s 90MT)  
   26.     Entitlement of non-member spouse--splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)  
   26A.    Entitlement of non-member spouse--splittable payment payable in respect of superannuation interest in a superannuation annuity  

   PART 5--DETERMINATION OF AMOUNT IN RELATION TO CERTAIN SUPERANNUATION INTERESTS

           Division 5.1--Superannuation interest in growth phase at relevant date

   27.     Application of Division 5.1 (Act s 90MT)  
   28.     Method for determining amount in relation to a superannuation interest--general  
   29.     Method for determining gross value--defined benefit interest  
   30.     Approval of retirement age  
   31.     Method for determining gross value--accumulation interest (other than a partially vested accumulation interest)  
   32.     Method for determining gross value--partially vested accumulation interest  
   33.     Method for determining gross value--combination of defined benefit interest and accumulation interest  
   34.     Method for determining gross value--combination of defined benefit interest and partially vested accumulation interest  
   35.     Method for determining gross value--interest that is the greater of a defined benefit interest and an accumulation interest  
   36.     Method for determining gross value--interest that is the lesser of a defined benefit interest and an accumulation interest  
   37.     Method for determining gross value--defined benefit less other amount  
   38.     Approval of methods and factors for determining gross value of particular superannuation interests  

           Division 5.2--Superannuation interest in payment phase at relevant date

   39.     Application of Division 5.2 (Act s 90MT)  
   40.     Method for determining amount in relation to a superannuation interest--general  
   41.     Method for determining gross value--benefits payable only as one or more lump sums  
   42.     Method for determining gross value--benefits paid as pension  
   43.     Method for determining gross value--benefits paid as pension and lump sum also payable  
   43A.    Approval of methods and factors for determining gross value of superannuation interest being paid as a life pension  

   PART 6--ENTITLEMENT OF NON-MEMBER SPOUSE IN RESPECT OF CERTAIN SUPERANNUATION INTERESTS

           Division 6.1--Interpretation

   44.     Definition for Part 6  
   45.     Meaning of base amount allocated to the non-member spouse  

           Division 6.1A--Adjustment of base amount

   45A.    Adjustment of base amount  
   45B.    Applicable adjustment periods--superannuation interests other than those to which regulation 45C applies  
   45C.    Applicable adjustment periods--whole of superannuation interest is accumulation interest  
   45D.    Interest rates for adjustment of base amount  

           Division 6.2--Superannuation interest in growth phase at date of service of agreement or date of order

   46.     Application of Division 6.2 (Act s 90MJ, s 90MT)  
   49.     Amount to be paid to non-member spouse--benefit payable only as lump sum that is equal to or more than adjusted base amount  
   50.     Amount to be paid to non-member spouse--benefit payable only as lump sum that is less than adjusted base amount  
   51.     Amount to be paid to non-member spouse--optional lump sum from remaining benefits  
   52.     Amount to be paid to non-member spouse--optional lump sum--payment of whole of adjusted base amount  
   53.     Amount to be paid to non-member spouse--optional lump sum--payment of part of adjusted base amount  
   54.     Amount to be paid to non-member spouse--no benefit payable only as lump sum or first splittable payment not lump sum  
   54A.    Amount to be paid to non-member spouse--benefits payable as allocated pension or market linked pension  

           Division 6.3--Superannuation interest in payment phase at date of service of agreement or date of order

              Subdivision 6.3.1--Application of Division 6

   55.     Application of Division 6.3 (Act s 90MJ, s 90MT)  

              Subdivision 6.3.2--First or only payment split

   55A.    Application of Subdivision 6.3.2  
   56.     Amount to be paid to non-member spouse--first splittable payment after operative time equal to or more than base amount  
   57.     Amount to be paid to non-member spouse--first splittable payment after operative time less than base amount  
   58.     Amount to be paid to non-member spouse--optional lump sum from remaining benefits  
   58A.    Amount to be paid to non-member spouse--benefits payable as allocated pension or market linked pension  

              Subdivision 6.3.3--Second or later payment split

   58B.    Application of Subdivision 6.3.3  
   58C.    Amount to be paid to non-member spouse--first splittable payment after operative time equal to or more than amount of earlier payments plus base amount  
   58D.    Amount to be paid to non-member spouse--first splittable payment after operative time less than amount of earlier payments plus base amount  
   58E.    Amount to be paid to non-member spouse--benefits payable as allocated pension or market linked pension  

   PART 7--GENERAL PROVISIONS ABOUT PAYMENT SPLITTING

           Division 7.1--General

   59.     Fees payable to trustee (Act s 90MY)  
   60.     Waiver of rights under payment split (Act s 90MZA)  

           Division 7.2--Provision of information to and by trustee

   61.     Definitions for Division 7.2  
   62.     Application to trustee for information--accompanying declaration (Act s 90MZB)  
   63.     Information about certain accumulation interests (Act s 90MZB)  
   63A.    Giving valuation information--partially vested accumulation interest (Act s 90MZB)  
   64.     Information about certain defined benefit interests (Act s 90MZB)  
   64A.    Giving underlying valuation information--defined benefit interests  
   65.     Information about certain defined benefit interests--meaning of accrued benefit multiple  
   66.     Information about certain percentage-only interests (Act s 90MZB)  
   67.     Information about interests in self managed superannuation funds (Act s 90MZB)  
   68.     Information about small superannuation accounts interests (Act s 90MZB)  
   68A.    Information about certain superannuation interests in relation to which an agreement or splitting order applies (Act s 90MZB)  
   68B.    How and when trustee must provide information  
   69.     Secondary government trustee not required to provide information (Act s 90MZB)  
   70.     Information to be provided by trustee following service of agreement or order (Act s 90MZB)  
   71.     Information to be provided by trustee at end of financial year  
   72.     Notice to trustee by non-member spouse  

   PART 8--TRANSITIONAL ARRANGEMENTS

   73.     Purpose of Part 8  
   74.     Amendments made by Family Law (Superannuation) Amendment (ABS) Regulation 2013  
           SCHEDULE 1 Forms
           SCHEDULE 1A Value of non-member spouse's entitlement for percentage-only interest in superannuation fund or approved deposit fund in payment phase
           SCHEDULE 2 Method for determining gross value of defined benefit interest
           SCHEDULE 3 Method for determining gross value of partially vested accumulation interest
           SCHEDULE 4 Method for determining gross value of superannuation interest payable as life pension
           SCHEDULE 4A Method for determining value of superannuation interest in lifetime annuity
           SCHEDULE 5 Method for determining gross value of superannuation interest payable as fixed-term pension
           SCHEDULE 5A Method for determining value of superannuation interest in fixed term annuity
           SCHEDULE 6 Method for determining gross value of superannuation interest payable as pension and future lump sum
           SCHEDULE 7 Modifications of Division 6.2


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