Commonwealth Numbered Regulations

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 2001 NO. 303

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  
   10.     Meaning of trustee (Act s 90MD)  
   11.     Meaning of unsplittable interest (Act s 90MD)  

   PART 2--PAYMENTS THAT ARE NOT SPLITTABLE PAYMENTS

   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)  
   14.     Payments that are not splittable payments in respect of particular payments splits (Act s 90ME)  

   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  

           Division 3.3--Miscellaneous

   20.     Superannuation interests in excess of ETP threshold — 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 value of 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  

   PART 5--DETERMINATION OF VALUE OF 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 value — 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 valuing 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 value — 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  

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

           Division 6.1--Interpretation

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

           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)  
   47.     Adjustment of base amount  
   48.     Interest rates for adjustment of base amount  
   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  

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

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

   PART 7--GENERAL PROVISIONS ABOUT PAYMENT SPLITTING

           Division 7.1--General

   59.     Fees payable to trustee (Act s 90MY)  
   60.     Waiver notice (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)  
   64.     Information about certain defined benefit interests (Act s 90MZB)  
   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)  
   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  
           SCHEDULE 1 Forms
           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 5 Method for determining gross value of superannuation interest payable as fixed-term pension
           SCHEDULE 6 Method for determining gross value of superannuation interest payable as pension and future lump sum