FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - SCHEDULE 5A Method for determining value of superannuation interest in fixed term annuity

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - SCHEDULE 5A

(paragraph   14Q(7)(d))

1   Application of Schedule   5A

    This Schedule sets out the method for determining the value, at the termination time, of a superannuation interest in a fixed term annuity if the interest was in the payment phase at the termination time.

2   Method

  (1)   The method is:

where:

"B" is the value of the annual benefit payable in respect of the superannuation interest at the termination time.

"V" y+m is the valuation factor calculated in accordance with subclause   (2).

  (2)   For subclause   (1), the valuation factor ( V y+m ) at the termination time is:

where:

"V" y is the pension valuation factor under Schedule   5 that applies to the particular fixed term annuity payable to the member spouse and the remaining term of the annuity in complete years at the termination time.

"m" is the number of complete months of the remaining term of the fixed term annuity that are not included in the remaining complete years at the termination time.

"V" y+1 is the pension valuation factor under Schedule   5 that would apply to the particular fixed term annuity payable to the member spouse if the remaining term of the annuity at the termination time were one year more than the actual remaining term of the annuity at that time.

  (3)   For the purpose of applying the factors V y and V y+1 in the formula in subclause   (2), a reference in Schedule   5 to 'pension' is taken to be read as a reference to 'annuity'.