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TASMANIA
__________
PUBLIC SECTOR SUPERANNUATION
(SPLITTING OF SUPERANNUATION
INTERESTS) BILL 2003
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 GOVERNOR OF TASMANIA ACT 1982
AMENDED
3. Principal Act
4. Section 6BA inserted
6BA. Family Law (Splitting of superannuation
interests)
5. Schedule 1 inserted
SCHEDULE 1 FAMILY LAW (SPLITTING OF
SUPERANNUATION INTERESTS)
PART 3 JUDGES' CONTRIBUTORY PENSIONS ACT
1968 AMENDED
6. Principal Act
7. Section 13A inserted
13A. Family Law (Splitting of superannuation
interests)
8. Schedule 1 inserted
[Bill 62]-IV
SCHEDULE 1 FAMILY LAW (SPLITTING OF
SUPERANNUATION INTERESTS)
PART 4 RETIREMENT BENEFITS ACT 1993 AMENDED
9. Principal Act
10. Section 29 amended (Regulations)
11. Section 29F inserted
29F. Validation of certain actions and decisions of
Board
PART 5 SOLICITOR-GENERAL ACT 1983 AMENDED
12. Principal Act
13. Schedule 1 amended (Pension Rights, &c.)
PART 6 RETIREMENT BENEFITS REGULATIONS 1994
AMENDED
14. Principal Regulations
15. Regulation 3 amended (Interpretation)
16. Regulation 33 amended (Interpretation of Division 3)
17. Regulation 60AA amended (Application of Part)
18. Regulation 76AA amended (Application of Part)
19. Regulation 78 amended (Pension conversion factors)
20. Regulation 86 amended (Right of certain pensioners to
commute pension to lump sum)
21. Part 7B inserted
PART 7B Family Law (Splitting of Superannuation
Interests)
88J. Application of Part
88K. Objects of Part
88L. Duty of Board to give effect to splitting
instruments under Family Law Act
88M. Accounts for non-member spouse
88N. Commutation of pension on death of non-member
spouse
88P. Effect of benefit under splitting instrument
88Q. Fees for administration of this Part
88R. Provision of information by Board
2
22. Regulation 90 amended (Contributions to Fund by the
State and prescribed authorities)
23. Schedule 3 amended (Calculation of certain pensions in
respect of former contributors under repealed Act)
PART 7 RETIREMENT BENEFITS (PARLIAMENTARY
SUPERANNUATION) REGULATIONS 2002 AMENDED
24. Principal Regulations
25. Regulation 19 amended (Application of Division 4)
26. Regulation 57 substituted
57. Application of Division 4
27. Part 4A inserted
PART 4A Family Law (Splitting of Superannuation
Interests)
77A. Interpretation of Part
77B. Application of Part
77C. Objects of Part
77D. Duty of Board to give effect to splitting
instruments under Family Law Act
77E. Commutation of pension on death of non-member
spouse
77F. Effect of benefit under splitting instrument
77G. Fees for administration of this Part
77H. Provision of information by Board
3
4
PUBLIC SECTOR SUPERANNUATION
(SPLITTING OF SUPERANNUATION
INTERESTS) BILL 2003
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Retirement Benefits Act 1993
and certain other Acts and regulations to carry into
effect laws of the Commonwealth relating to the
splitting of superannuation entitlements under the
law of Tasmania
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Public Sector
Superannuation (Splitting of Superannuation Interests)
Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 62] 5
s. 3 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
PART 2 GOVERNOR OF TASMANIA ACT 1982
AMENDED
Principal Act
3. In this Part, the Governor of Tasmania Act 1982* is
referred to as the Principal Act.
Section 6BA inserted
4. After section 6B of the Principal Act, the following
section is inserted:
Family Law (Splitting of superannuation
interests)
6BA. (1) A pension payable under this Act
(a) is to be reduced to take into account any
commutation of the pension under
section 6A or 6B; and
(b) is subject to Schedule 1 which carries
into effect the provisions of the Family
Law Act 1975 of the Commonwealth
relating to the splitting of
superannuation interests, as defined in
Part VIIIB of that Act.
(2) A lump sum payment under this Act is
subject to Schedule 1.
*No. 26 of 1982
6
2003 Public Sector Superannuation (Splitting No. s. 5
of Superannuation Interests)
Schedule 1 inserted
5. After section 12 of the Principal Act, the following
Schedule is inserted:
SCHEDULE 1 FAMILY LAW (SPLITTING OF
SUPERANNUATION INTERESTS)
Section 6BA(1)(b) and (2)
Interpretation
1. (1) In this Schedule
"Family Law Act" means the Family Law
Act 1975 of the Commonwealth;
"splitting instrument" means a
superannuation agreement, a flagging
order, a flag lifting agreement or a
splitting order, as those terms are
respectively defined in Part VIIIB of the
Family Law Act.
(2) All expressions used in this Schedule that
are defined in the Family Law Act have the
meanings assigned to them in that Act.
Application of Schedule
2. This Schedule applies to
(a) any benefit under this Act that is a
superannuation interest; and
(b) any splitting instrument that has an
operative time on or after
28 December 2002.
7
s. 5 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
Objects of Schedule
3. (1) The objects of this Schedule are to carry into
effect the provisions of the Family Law Act relating
to the splitting of superannuation interests.
(2) If a provision of this Schedule is
inconsistent with a provision of the Family Law Act,
the latter provision prevails to the extent of the
inconsistency.
Duty of Minister to give effect to splitting
instruments under Family Law Act
4. (1) Where a splitting instrument affects an
entitlement to a benefit of a member spouse under
this Act, the Minister must give effect to that
instrument in paying or determining that benefit.
(2) The Minister is not to make a payment to a
non-member spouse under this Act before a
splittable payment is payable to, or in respect of, the
relevant member spouse.
Commutation of pension on death of non-
member spouse
5. (1) Where a share of a pension is payable to a
non-member spouse under this Schedule, the
Minister is to commute that share to a lump sum if
that non-member spouse predeceases the member
spouse in respect of whom the pension is being paid.
(2) For the purposes of subclause (1), the
commutation factors are to be determined by the
Minister on the advice of the Actuary.
8
2003 Public Sector Superannuation (Splitting No. s. 5
of Superannuation Interests)
(3) A share of a pension paid or payable to a
non-member spouse under this Schedule does not
revert to the widow or widower of that non-member
spouse on the death of that non-member spouse.
(4) A lump sum payment calculated under
subclause (1) is to be paid to the legal personal
representative of the non-member spouse and is to
be made in accordance with Part VIIIB of the Family
Law Act.
(5) A share of a pension payable to a non-
member spouse under this Schedule ceases
(a) on the death of the relevant member
spouse; or
(b) where a reversionary pension is payable
in respect of a member spouse, on the
cessation of that reversionary pension.
Effect of benefit under splitting instrument
6. If a member spouse dies and is survived by a non-
member spouse who has received, is receiving or is
entitled to receive a benefit under a splitting
instrument in respect of the superannuation interest
of the member spouse, that non-member spouse is
not entitled to a benefit under this Act in respect of
the deceased member spouse except in accordance
with that instrument.
Fees for administration of Schedule
7. For the purposes of administering this Schedule,
the Minister may charge reasonable fees in
accordance with the Family Law Act.
9
s. 5 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
Provision of information by Minister
8. Where an eligible person, within the meaning of
section 90MZB of the Family Law Act, has applied to
the Minister for information in accordance with that
section about the superannuation interest of a
member spouse, the Minister must comply with the
requirements of that Act as if he or she were the
trustee of a superannuation fund.
10
2003 Public Sector Superannuation (Splitting No. s. 6
of Superannuation Interests)
PART 3 JUDGES' CONTRIBUTORY PENSIONS
ACT 1968 AMENDED
Principal Act
6. In this Part, the Judges' Contributory Pensions Act
1968* is referred to as the Principal Act.
Section 13A inserted
7. After section 13 of the Principal Act, the following
section is inserted:
Family Law (Splitting of superannuation
interests)
13A. (1) A pension payable under this Act
(a) is to be reduced to take into account any
commutation of the pension under
section 10A or 10B; and
(b) is subject to Schedule 1 which carries
into effect the provisions of the Family
Law Act 1975 of the Commonwealth
relating to the splitting of
superannuation interests, as defined in
Part VIIIB of that Act.
(2) A lump sum payment under this Act is
subject to Schedule 1.
*No. 73 of 1968
11
s. 8 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
Schedule 1 inserted
8. After section 15 of the Principal Act, the following
Schedule is inserted:
SCHEDULE 1 FAMILY LAW (SPLITTING OF
SUPERANNUATION INTERESTS)
Section 13A(1)(b) and (2)
Interpretation
1. (1) In this Schedule
"Family Law Act" means the Family Law
Act 1975 of the Commonwealth;
"splitting instrument" means a
superannuation agreement, a flagging
order, a flag lifting agreement or a
splitting order, as those terms are
respectively defined in Part VIIIB of the
Family Law Act.
(2) All expressions used in this Schedule that
are defined in the Family Law Act have the
meanings assigned to them in that Act.
Application of this Schedule
2. This Schedule applies to
(a) any benefit under this Act that is a
superannuation interest; and
(b) any splitting instrument that has an
operative time on or after
28 December 2002.
12
2003 Public Sector Superannuation (Splitting No. s. 8
of Superannuation Interests)
Objects of this Schedule
3. (1) The objects of this Schedule are to carry into
effect the provisions of the Family Law Act relating
to the splitting of superannuation interests.
(2) If a provision of this Schedule is
inconsistent with a provision of the Family Law Act,
the latter provision prevails to the extent of the
inconsistency.
Duty of Minister to give effect to splitting
instruments under Family Law Act
4. (1) Where a splitting instrument affects an
entitlement to a benefit of a member spouse under
this Act, the Minister must give effect to that
instrument in paying or determining that benefit.
(2) The Minister is not to make a payment to a
non-member spouse under this Act before a
splittable payment is payable to, or in respect of, the
relevant member spouse.
Commutation of pension on death of non-
member spouse
5. (1) Where a share of a pension is payable to a
non-member spouse under this Schedule, the
Minister is to commute that share to a lump sum if
that non-member spouse predeceases the member
spouse in respect of whom the pension is being paid.
(2) For the purposes of subclause (1), the
commutation factors are to be determined by the
Minister on the advice of the Actuary.
13
s. 8 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
(3) A share of a pension paid or payable to a
non-member spouse under this Schedule does not
revert to the widow or widower of that non-member
spouse on the death of that non-member spouse.
(4) A lump sum payment calculated under
subclause (1) is to be paid to the legal personal
representative of the non-member spouse and is to
be made in accordance with Part VIIIB of the Family
Law Act.
(5) A share of a pension payable to a non-
member spouse under this Schedule ceases
(a) on the death of the relevant member
spouse; or
(b) where a reversionary pension is payable
in respect of a member spouse, on the
cessation of that reversionary pension.
Effect of benefit under splitting instrument
6. If a member spouse dies and is survived by a non-
member spouse who has received, is receiving or is
entitled to receive a benefit under a splitting
instrument in respect of the superannuation interest
of the member spouse, that non-member spouse is
not entitled to a benefit under this Act in respect of
the deceased member spouse except in accordance
with that instrument.
Fees for administration of Schedule
7. For the purposes of administering this Schedule,
the Minister may charge reasonable fees in
accordance with the Family Law Act.
14
2003 Public Sector Superannuation (Splitting No. s. 8
of Superannuation Interests)
Provision of information by Minister
8. Where an eligible person, within the meaning of
section 90MZB of the Family Law Act, has applied to
the Minister for information in accordance with that
section about the superannuation interest of a
member spouse, the Minister must comply with the
requirements of that Act as if he or she were the
trustee of a superannuation fund.
15
s. 9 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
PART 4 RETIREMENT BENEFITS ACT 1993
AMENDED
Principal Act
9. In this Part, the Retirement Benefits Act 1993* is
referred to as the Principal Act.
Section 29 amended (Regulations)
10. Section 29 of the Principal Act is amended as follows:
(a) by omitting from subsection (1A)(h) "Court."
and substituting "Court; and";
(b) by inserting the following paragraph after
paragraph (h) in subsection (1A):
(i) for fees payable in respect of the
administration of this Act.
(c) by omitting subsection (5A) and substituting
the following subsections:
(5A) The regulations may provide for
(a) any matter necessary or desirable
for carrying into effect any law of
the State or the Commonwealth
relating to the splitting of
superannuation interests on the
breakdown of a relationship; or
(b) without limitation, abrogating,
reducing, assigning or withholding
a person's entitlement to a lump
*No. 103 of 1993
16
2003 Public Sector Superannuation (Splitting No. s. 11
of Superannuation Interests)
sum or pension benefit in order to
satisfy the requirements of any
such law or of any other relevant
law of the Commonwealth; or
(c) the imposition of fees payable to
the Board for any such purpose as
provided for by the law of the
Commonwealth
and any such regulation may take effect on the
day on which that law of the State or the
Commonwealth takes effect or on any later
day.
(5B) The regulations may also contain
provisions for abrogating, reducing, assigning
or withholding a person's entitlement to a
lump sum or pension benefit in a case where
the Board is satisfied that a contributor,
former contributor, former eligible employee or
pensioner was, at the date of his or her death,
living apart from his or her spouse and not
providing significant financial support for the
spouse.
Section 29F inserted
11. After section 29E of the Principal Act, the following
section is inserted in Part 4:
Validation of certain actions and decisions of
Board
29F. Where the Board has taken any action or made
any decision since 28 December 2002 for the purpose
of carrying into effect the provisions of Part VIIIB of
the Family Law Act 1975, that action or decision is
taken to be as valid and effectual as if the Public
17
s. 11 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
Sector Superannuation (Splitting of Superannuation
Interests) Act 2003 had commenced on that date.
18
2003 Public Sector Superannuation (Splitting No. s. 12
of Superannuation Interests)
PART 5 SOLICITOR-GENERAL ACT 1983
AMENDED
Principal Act
12. In this Part, the Solicitor-General Act 1983* is
referred to as the Principal Act.
Schedule 1 amended (Pension Rights, &c.)
13. Schedule 1 to the Principal Act is amended as follows:
(a) by inserting the following heading after the
heading to Schedule 1:
PART 1 CONTRIBUTIONS AND PENSION
RATES
(b) by inserting the following clause after clause
10 in Part 1:
Reduction in pension
11. (1) A pension payable under this Act
(a) is to be reduced to take into
account any commutation of the
pension under clause 7A or 8; and
(b) is subject to Part 2 of this
Schedule which carries into effect
the provisions of the Family Law
Act 1975 of the Commonwealth
relating to the splitting of
superannuation interests, as
defined in Part VIIIB of that Act.
*No. 13 of 1983
19
s. 13 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
(2) A lump sum payment under this Act
is subject to Part 2 of this Schedule.
(c) by inserting the following Part after clause 11:
PART 2 FAMILY LAW (SPLITTING OF
SUPERANNUATION INTERESTS)
Interpretation
1. (1) In this Part
"Family Law Act" means the Family
Law Act 1975 of the
Commonwealth;
"splitting instrument" means a
superannuation agreement, a
flagging order, a flag lifting
agreement or a splitting order, as
those terms are respectively
defined in Part VIIIB of the
Family Law Act.
(2) All expressions used in this Part that
are defined in the Family Law Act have the
meanings assigned to them in that Act.
Application of Part
2. This Part applies to
(a) any benefit under this Act that is a
superannuation interest; and
(b) any splitting instrument that has
an operative time on or after
28 December 2002.
20
2003 Public Sector Superannuation (Splitting No. s. 13
of Superannuation Interests)
Objects of Part
3. (1) The objects of this Part are to carry into
effect the provisions of the Family Law Act
relating to the splitting of superannuation
interests.
(2) If a provision of this Part is
inconsistent with a provision of the Family
Law Act, the latter provision prevails to the
extent of the inconsistency.
Duty of Minister to give effect to splitting
instruments under Family Law Act
4. (1) Where a splitting instrument affects an
entitlement to a pension of a member spouse
under this Act, the Minister must give effect to
that instrument in paying or determining that
benefit.
(2) The Minister is not to make a
payment to a non-member spouse under this
Part before a splittable payment is payable to,
or in respect of, the relevant member spouse.
Commutation of pension on death of non-
member spouse
5. (1) Where a share of a pension is payable to
a non-member spouse under this Part, the
Minister is to commute that share to a lump
sum if that non-member spouse predeceases
the member spouse in respect of whom the
pension is being paid.
21
s. 13 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
(2) For the purposes of subclause (1), the
commutation factors are to be determined by
the Minister on the advice of the Actuary.
(3) A share of a pension paid or payable
to a non-member spouse under this Part does
not revert to the widow or widower of that
non-member spouse on the death of that non-
member spouse.
(4) A lump sum payment calculated
under subclause (1) is to be paid to the legal
personal representative of the non-member
spouse and is to be made in accordance with
Part VIIIB of the Family Law Act.
(5) A share of a pension payable to a
non-member spouse under this Part ceases
(a) on the death of the relevant
member spouse; or
(b) where a reversionary pension is
payable in respect of a member
spouse, on the cessation of that
reversionary pension.
Effect of benefit under splitting
instrument
6. If a member spouse dies and is survived by
a non-member spouse who has received, is
receiving or is entitled to receive a benefit
under a splitting instrument in respect of the
superannuation interest of the member
spouse, that non-member spouse is not
entitled to a benefit under this Act in respect
of the deceased member spouse except in
accordance with that instrument.
22
2003 Public Sector Superannuation (Splitting No. s. 13
of Superannuation Interests)
Fees for administration of this Part
7. For the purposes of administering this Part,
the Minister may charge reasonable fees in
accordance with the Family Law Act.
Provision of information by Minister
8. Where an eligible person, within the
meaning of section 90MZB of the Family Law
Act, has applied to the Minister for
information in accordance with that section
about the superannuation interest of a
member spouse, the Minister must comply
with the requirements of that Act as if he or
she were the trustee of a superannuation fund.
23
s. 14 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
PART 6 RETIREMENT BENEFITS REGULATIONS
1994 AMENDED
Principal Regulations
14. In this Part, the Retirement Benefits Regulations
1994* are referred to as the Principal Regulations.
Regulation 3 amended (Interpretation)
15. Regulation 3 of the Principal Regulations is amended
as follows:
(a) by inserting the following definition after the
definition of "existing contributor" in
subregulation (1):
"Family Law Act" means the Family
Law Act 1975 of the
Commonwealth;
(b) by inserting the following definition after the
definition of "service" in subregulation (1):
"splitting instrument" means a
superannuation agreement, a
flagging order, a flag lifting
agreement, or a splitting order, as
those terms are respectively
defined in Part VIIIB of the
Family Law Act;
(c) by inserting the following subregulation after
subregulation (1):
*S.R. 1994, No. 83
24
2003 Public Sector Superannuation (Splitting No. s. 16
of Superannuation Interests)
(1AA) All expressions used in Part 7B
that are defined in the Family Law Act have
the meanings assigned to them in that Act.
Regulation 33 amended (Interpretation of Division
3)
16. Regulation 33(3) of the Principal Regulations is
amended by omitting "Part 7A" and substituting "Parts 7A
and 7B".
Regulation 60AA amended (Application of Part)
17. Regulation 60AA of the Principal Regulations is
amended by omitting "Part 7A" and substituting "Parts 7A
and 7B".
Regulation 76AA amended (Application of Part)
18. Regulation 76AA of the Principal Regulations is
amended by omitting "Part 7A" and substituting "Parts 7A
and 7B".
Regulation 78 amended (Pension conversion factors)
19. Regulation 78(4) of the Principal Regulations is
amended as follows:
(a) by omitting from paragraph (c)
"regulation 60(3)." and substituting
"regulation 60(3); or";
(b) by inserting the following paragraph after
paragraph (c):
25
s. 20 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
(d) a non-member spouse, as defined
in Part VIIIB of the Family Law
Act, in respect of a benefit under
Part 7B.
Regulation 86 amended (Right of certain pensioners
to commute pension to lump sum)
20. Regulation 86(4A) of the Principal Regulations is
amended by omitting "Part 7A" and substituting "Parts 7A
and 7B".
Part 7B inserted
21. After regulation 88I of the Principal Regulations, the
following Part is inserted:
PART 7B FAMILY LAW (SPLITTING OF
SUPERANNUATION INTERESTS)
Application of Part
88J. This Part applies to
(a) any splitting instrument that has an
operative time on or after
28 December 2002; and
(b) any benefit under these regulations that
is a superannuation interest.
Objects of Part
88K. (1) The objects of this Part are to carry into
effect the provisions of the Family Law Act relating
to the splitting of superannuation interests.
26
2003 Public Sector Superannuation (Splitting No. s. 21
of Superannuation Interests)
(2) If a provision of this Part is inconsistent
with a provision of that Act, the latter provision
prevails to the extent of the inconsistency.
Duty of Board to give effect to splitting
instruments under Family Law Act
88L. (1) Where a splitting instrument affects an
entitlement to a benefit of a member spouse under
these regulations, the Board must give effect to that
instrument in paying or determining that benefit.
(2) For the purposes of subregulation (1), the
Board is to reduce the benefit payable to the member
spouse in accordance with the splitting instrument.
(3) Except as provided by subregulation (4),
the Board is not to make a payment to a non-
member spouse under this Part before a splittable
payment is payable to, or in respect of, the relevant
member spouse.
(4) Where the Board has established a
separate account for a non-member spouse under
regulation 88M, the Board may make a payment to
that non-member spouse in respect of that account
as may be required to give effect to the splitting
instrument.
Accounts for non-member spouse
88M. (1) This regulation applies in respect of a
member spouse who has an investment account or a
compulsory preservation account.
(2) For the purposes of giving effect to a
splitting instrument, the Board, having regard to the
27
s. 21 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
advice of the Actuary, may adjust the balance of an
investment account or compulsory preservation
account of a member spouse to give effect to the
division of the superannuation interest of the
member spouse in accordance with that instrument.
(3) For the purposes of this Part, the Board
may establish and maintain one or more separate
accounts for a non-member spouse as it considers
expedient.
(4) For the purposes of giving effect to a
splitting instrument, the Board, having regard to the
advice of the Actuary, is to credit an appropriate
amount to an account of a non-member spouse as
may be required to give effect to that instrument.
Commutation of pension on death of non-
member spouse
88N. (1) Where a share of a pension is payable to a
non-member spouse under this Part, the Board is to
commute that share to a lump sum if that non-
member spouse predeceases the member spouse in
respect of whom the pension is being paid.
(2) For the purposes of subregulation (1), the
commutation factors are to be determined by the
Board on the advice of the Actuary.
(3) A share of a pension paid or payable to a
non-member spouse under this Part does not revert
to the widow or widower of that non-member spouse
on the death of that non-member spouse.
(4) A lump sum payment calculated under
subregulation (1) is to be paid to the legal personal
representative of the non-member spouse and is to
28
2003 Public Sector Superannuation (Splitting No. s. 21
of Superannuation Interests)
be made in accordance with Part VIIIB of the Family
Law Act.
(5) A share of a pension payable to a non-
member spouse under this Part ceases
(a) on the death of the relevant member
spouse; or
(b) where a reversionary pension is payable
in respect of a member spouse, on the
cessation of that reversionary pension.
Effect of benefit under splitting instrument
88P. If a member spouse dies and is survived by a
non-member spouse who has received, is receiving or
is entitled to receive a benefit under a splitting
instrument in respect of the superannuation interest
of the member spouse, that non-member spouse is
not entitled to a benefit under this Act in respect of
the deceased member spouse except in accordance
with that instrument.
Fees for administration of this Part
88Q. For the purposes of administering this Part,
the Board may charge reasonable fees in accordance
with the Family Law Act.
Provision of information by Board
88R. Where an eligible person, within the meaning
of section 90MZB of the Family Law Act, has applied
to the Board for information in accordance with that
section about the superannuation interest of a
29
s. 22 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
member spouse, the Board must comply with the
requirements of that Act.
Regulation 90 amended (Contributions to Fund by
the State and prescribed authorities)
22. Regulation 90(1)(a)(i) of the Principal Regulations is
amended by omitting "or 42" and substituting ", 42 or
88N".
Schedule 3 amended (Calculation of certain
pensions in respect of former contributors under
repealed Act)
23. Schedule 3 to the Principal Regulations is amended as
follows:
(a) by omitting subclause (3) from clause 1;
(b) by inserting the following clause after clause 1:
Application of this Schedule
1A. This Schedule is subject to Parts 7A and
7B.
30
2003 Public Sector Superannuation (Splitting No. s. 24
of Superannuation Interests)
PART 7 RETIREMENT BENEFITS
(PARLIAMENTARY SUPERANNUATION)
REGULATIONS 2002 AMENDED
Principal Regulations
24. In this Part, the Retirement Benefits (Parliamentary
Superannuation) Regulations 2002* are referred to as the
Principal Regulations.
Regulation 19 amended (Application of Division 4)
25. Regulation 19 of the Principal Regulations is amended
by inserting "of this Part and to Part 4A" after
"Division 5".
Regulation 57 substituted
26. Regulation 57 of the Principal Regulations is
rescinded and the following regulation is substituted:
Application of Division 4
57. This Division is subject to Division 5 of this Part
and to Part 4A.
Part 4A inserted
27. After regulation 77 of the Principal Regulations, the
following Part is inserted:
*S.R. 2002, No. 176
31
s. 27 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
PART 4A FAMILY LAW (SPLITTING OF
SUPERANNUATION INTERESTS)
Interpretation of Part
77A. (1) In this Part
"Family Law Act" means the Family Law
Act 1975 of the Commonwealth;
"splitting instrument" means a
superannuation agreement, a flagging
order, a flag lifting agreement or a
splitting order, as those terms are
respectively defined in Part VIIIB of the
Family Law Act.
(2) All expressions used in this Part that are
defined in the Family Law Act have the meanings
assigned to them in that Act.
Application of Part
77B. This Part applies to
(a) any splitting instrument that has an
operative time on or after
28 December 2002; and
(b) any benefit under these regulations that
is a superannuation interest.
Objects of Part
77C. (1) The objects of this Part are to carry into
effect the provisions of the Family Law Act relating
to the splitting of superannuation interests.
32
2003 Public Sector Superannuation (Splitting No. s. 27
of Superannuation Interests)
(2) If a provision of this Part is inconsistent
with a provision of that Act, the latter provision
prevails to the extent of the inconsistency.
Duty of Board to give effect to splitting
instruments under Family Law Act
77D. (1) Where a splitting instrument affects an
entitlement to a benefit of a member spouse under
these regulations, the Board must give effect to that
instrument in paying or determining that benefit.
(2) The Board is not to make a payment to a
non-member spouse under this Part before a
splittable payment is payable to, or in respect of, the
relevant member spouse.
Commutation of pension on death of non-
member spouse
77E. (1) Where a share of a pension is payable to a
non-member spouse under this Part, the Board is to
commute that share to a lump sum if that non-
member spouse predeceases the member spouse in
respect of whom the pension is being paid.
(2) For the purposes of subregulation (1), the
commutation factors are to be determined by the
Board on the advice of the Actuary.
(3) A share of a pension paid or payable to a
non-member spouse under this Part does not revert
to the widow or widower of that non-member spouse
on the death of that non-member spouse.
(4) A lump sum payment calculated under
subregulation (1) is to be paid to the legal personal
33
s. 27 No. Public Sector Superannuation (Splitting 2003
of Superannuation Interests)
representative of the non-member spouse and is to
be made in accordance with Part VIIIB of the Family
Law Act.
(5) A share of a pension payable to a non-
member spouse under this Part ceases
(a) on the death of the relevant member
spouse; or
(b) where a reversionary pension is payable
in respect of a member spouse, on the
cessation of that reversionary pension.
Effect of benefit under splitting instrument
77F. If a member spouse dies and is survived by a
non-member spouse who has received, is receiving or
is entitled to receive a benefit under a splitting
instrument in respect of the superannuation interest
of the member spouse, that non-member spouse is
not entitled to a benefit under these regulations in
respect of the deceased member spouse except in
accordance with that instrument.
Fees for administration of this Part
77G. For the purposes of administering this Part,
the Board may charge reasonable fees in accordance
with the Family Law Act.
Provision of information by Board
77H. Where an eligible person, within the meaning
of section 90MZB of the Family Law Act, has applied
to the Board for information in accordance with that
34
2003 Public Sector Superannuation (Splitting No. s. 27
of Superannuation Interests)
section about the superannuation interest of a
member spouse, the Board must comply with the
requirements of that Act.
Government Printer, Tasmania 35