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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001

- made under the Family Law Act 1975

Table of Provisions

PART 1--PRELIMINARY

PART 2--PAYMENTS THAT ARE NOT SPLITTABLE PAYMENTS

Division 2.1--General

  • 12 Payments to member spouse that are not splittable payments (Act s 90XE, s 90YG)
  • 13 Payments after death of member spouse that are not splittable payments (Act s 90XE, s 90YG)

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 90XJ, s 90YN)
  • 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 90XJ, s 90YN)
  • 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 90XQ, 90YV)

PART 4--PAYMENT SPLITTING OR FLAGGING BY COURT ORDER

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

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

  • 25 Application of Division 4.2 (Act s 90XT, s 90YY)
  • 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

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

  • 39 Application of Division 5.2 (Act s 90XT, s 90YY)
  • 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 90XJ, s 90XT, s 90YN, s 90YY)
  • 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 90XJ, s 90XT, s 90YN, s 90YY)
  • 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 90XY, s 90YZO)
  • 60 Waiver of rights under payment split (Act s 90XZA, s 90YZQ)

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 90XZB, s 90YZR)
  • 63 Information about certain accumulation interests (Act s 90XZB, 90YZR)
  • 63A Giving valuation information--partially vested accumulation interest (Act s 90XZB, s 90YZR)
  • 64 Information about certain defined benefit interests (Act s 90XZB, s 90YZR)
  • 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 90XZB, s 90YZR)
  • 67 Information about interests in self managed superannuation funds (Act s 90XZB, s 90YZR)
  • 68 Information about small superannuation accounts interests (Act s 90XZB, s 90YZR)
  • 68A Information about certain superannuation interests in relation to which an agreement or splitting order applies (Act s 90XZB, s 90YZR)
  • 68B How and when trustee must provide information
  • 69 Secondary government trustee not required to provide information (Act s 90XZB, s 90YZR)
  • 70 Information to be provided by trustee following service of agreement or order (Act s 90XZB, s 90YZR)
  • 71 Information to be provided by trustee at end of financial year
  • 72 Notice to trustee by non-member spouse

PART 8--APPLICATION, SAVING AND TRANSITIONAL PROVISIONS

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