New South Wales Consolidated Acts

SUPERANNUATION LEGISLATION AMENDMENT (FAMILY LAW) ACT 2003 - SCHEDULE 1

SCHEDULE 1 – Amendment of First State Superannuation Act 1992 No 100

(Section 3)

[2] Sections 20BA and 20BB

Insert after section 20B in Division 2 of Part 4:

20BA Family law superannuation payments from other schemes

(1) In this section:
"non-member spouse benefit" means any of the following payments:

(a) a family law superannuation payment under section 15C of the Judges’ Pensions Act 1953 ,

(b) a family law superannuation payment under section 29C of the Parliamentary Contributory Superannuation Act 1971 ,

(c) a family law superannuation payment under section 3A of the Police Association Employees (Superannuation) Act 1969 ,

(d) a family law superannuation payment under section 14P of the Police Regulation (Superannuation) Act 1906 ,

(e) a family law superannuation payment under section 27AJ of the State Authorities Non-contributory Superannuation Act 1987 ,

(f) a family law superannuation payment under section 45I of the State Authorities Superannuation Act 1987 ,

(g) a family law superannuation payment under section 61WB of the Superannuation Act 1916 .

"transfer day", in relation to a person whose non-member spouse benefit is transferred under any of the transfer provisions, means the day on which the benefit is transferred under the provision concerned.
"transfer provision" means any of the following provisions:

(a) section 15C of the Judges’ Pensions Act 1953 ,

(b) section 29C of the Parliamentary Contributory Superannuation Act 1971 ,

(c) section 3A of the Police Association Employees (Superannuation) Act 1969 ,

(d) section 14P of the Police Regulation (Superannuation) Act 1906 ,

(e) section 27AJ of the State Authorities Non-contributory Superannuation Act 1987 ,

(f) section 45I of the State Authorities Superannuation Act 1987 ,

(g) section 61WB of the Superannuation Act 1916 .

"transferred non-member spouse" means a person whose non-member spouse benefit is transferred under a transfer provision.

(2) On and from the transfer day, a person whose non-member spouse benefit is transferred under a transfer provision to FTC for crediting to the Fund, and who is not already a member of the superannuation scheme established under this Act and the trust deed, is an associate member of the Fund.

(3) FTC must establish in the Fund an account in respect of any such associate member.

(4) FTC must credit to the Fund the amount transferred to FTC under a transfer provision.

(5) FTC must credit to the account of each transferred non-member spouse an amount equal to the non-member spouse benefit.

(6) Any such amount is taken to have been credited to the account on the day following the transfer day.

(7) An amount credited under this section to the account of a transferred non-member spouse is, for the purposes of this Act and the trust deed, to be treated as if it were contributed or preserved under this Act and the trust deed by or on behalf of the transferred non-member spouse.

20BB Rules Without limiting section 13, 14, 18 or 20, the trust deed and the rules under the trust deed may make provision for or with respect to matters arising from the transfer of a non-member spouse benefit, including:

(a) the establishment of accounts in the Fund for transferred non-member spouses who are not members of the Fund,

(b) the classification of transferred non-member spouses as associate members of the Fund on the establishment of their accounts,

(c) the crediting of amounts to the accounts of transferred non-member spouses,

(d) the investment of amounts held in accounts of transferred non-member spouses.

[3] Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Superannuation Legislation Amendment (Family Law) Act 2003 (but only to the extent that it amends this Act)

[4] Dictionary

Insert “, or a transfer under section 20BA,” after “Commonwealth” in the definition of "associate member".