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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Superannuation Acts (Family Law) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--EMERGENCY SERVICES SUPERANNUATION ACT
1986 3
3. Definitions 3
4. Accrued benefits 3
5. New Part 4A inserted 4
PART 4A--FAMILY LAW PROVISIONS 4
22E. Definitions 4
22F. Obligation on Board 7
22G. Reduction of benefit or accrued benefit entitlement 10
22H. Board may provide additional information 10
22I. Charging of fees 11
6. Section 26 substituted 12
26. Assignment or charging of interest 12
7. Specified standards 13
PART 3--GOVERNMENT SUPERANNUATION ACT 1999 14
8. Family Law provisions 14
9. MTA Superannuation Fund 14
PART 4--PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968 16
10. New Division 3A inserted in Part II 16
Division 3A--Family Law Provisions 16
21CA. Definitions 16
21CB. Accrued benefit multiple 19
21CC. Obligation on Parliamentary Trustee 19
21CD. Reduction of benefit 22
i
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Clause Page
21CE. Parliamentary Trustee may provide additional
information 23
21CF. Commutation rights not affected 23
Victorian Legislation and Parliamentary Documents
21CG. Charging of fees 23
11. Specified standards 25
PART 5--STATE EMPLOYEES RETIREMENT BENEFITS ACT
1979 26
12. Membership of scheme 26
13. Calculation of benefit 26
14. Minimum benefit 26
15. New Part IVA inserted 27
PART IVA--FAMILY LAW PROVISIONS 27
66AA. Definitions 27
66AB. Accrued benefit multiple 30
66AC. Obligation on Board 30
66AD. Reduction of benefit or accrued benefit entitlement 33
66AE. Board may provide additional information 34
66AF. Commutation rights not affected 34
66AG. Charging of fees 34
16. Section 70A substituted 36
70A. Assignment or charging of interest 36
17. Specified standards 36
PART 6--STATE SUPERANNUATION ACT 1988 38
18. Definition of "secondment" 38
19. What does "partially dependent" mean? 38
20. Amendment of section 16A 38
21. Original scheme members 39
22. New section 27A inserted 39
27A. Application of Family Law provisions to pensioners 39
23. Benefit on retirement of new scheme member 40
24. New Part 7A inserted 40
PART 7A--FAMILY LAW PROVISIONS 40
59AA. Definitions 40
59AB. Accrued benefit multiple 43
59AC. Obligation on Board 43
59AD. Reduction of benefit or accrued benefit entitlement 47
59AE. Board may provide additional information 47
59AF. Commutation rights not affected 47
59AG. Charging of fees 47
25. Members of approved superannuation schemes 49
26. Minimum benefit 49
27. Amendment of section 77B 49
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551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Clause Page
28. Section 88 substituted 50
88. Assignment or charging of interest 50
29. Specified standards 50
Victorian Legislation and Parliamentary Documents
30. MWCESF 51
31. Water Industry Superannuation Fund 51
32. Port of Melbourne Authority Superannuation Fund 52
PART 7--SUPERANNUATION (PORTABILITY) ACT 1989 53
33. New definitions inserted 53
34. Family Law provisions 56
9AA. Obligation on administrators 56
9AB. Reduction of deferred retirement benefit or transfer
amount 59
9AC. Administrators may provide additional information 60
9AD. Charging of fees 60
PART 8--TRANSPORT SUPERANNUATION ACT 1988 62
35. What does "partially dependent" mean? 62
36. Benefit on retirement 62
37. Minimum benefit 62
38. New Part 7A inserted 63
PART 7A--FAMILY LAW PROVISIONS 63
36AA. Definitions 63
36AB. Accrued benefit multiple 66
36AC. Obligation on Board 66
36AD. Reduction of benefit or accrued benefit entitlement 69
36AE. Board may provide additional information 70
36AF. Commutation rights not affected 70
36AG. Charging of fees 70
39. Section 49 substituted 72
49. Assignment or charging of interest 72
40. Specified standards 72
PART 9--UNCLAIMED MONEYS ACT 1962 74
41. Family Law provisions 74
42. Statement of unclaimed superannuation benefits 74
ENDNOTES 75
iii
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 26 August 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Emergency Services Superannuation Act 1986, the
Government Superannuation Act 1999, the Parliamentary
Salaries and Superannuation Act 1968, the State Employees
Retirement Benefits Act 1979, the State Superannuation Act 1988,
the Superannuation (Portability) Act 1989, the Transport
Superannuation Act 1988 and the Unclaimed Moneys Act 1962 and
for other purposes.
Superannuation Acts (Family Law) Act
2003
The Parliament of Victoria enacts as follows:
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
1
Superannuation Acts (Family Law) Act 2003
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
Victorian Legislation and Parliamentary Documents
The purpose of this Act is to amend specified
Superannuation Acts in relation to Family Law
5 provisions and miscellaneous other matters.
2. Commencement
(1) Subject to this section, this Act comes into
operation on the day after the day on which it
receives the Royal Assent.
10 (2) Sections 7(1), 11(1), 17(1), 29(1) and 40(1) are
deemed to have come into operation on 30 June
1996.
(3) Section 12 is deemed to have come into operation
on 1 January 1994.
15 (4) Section 21 is deemed to have come into operation
on 16 June 1996.
(5) Section 27 is deemed to have come into operation
on 6 December 2000.
__________________
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551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 3
PART 2--EMERGENCY SERVICES SUPERANNUATION
ACT 1986
Victorian Legislation and Parliamentary Documents
3. Definitions
See:
In section 3(1) of the Emergency Services Act No.
5 Superannuation Act 1986, in the definition of 94/1986.
Reprint No. 4
"nominee", after paragraph (b) insert-- as at
1 December
"; or 1999 and
amending
(c) any person over the age of 18 years who is Act Nos
not in the opinion of the Board a full-time 29/2000,
69/2000,
10 student and to whom the contributor has 95/2000 and
been the natural or adoptive parent.". 27/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Accrued benefits
After section 20C(2) of the Emergency Services
Superannuation Act 1986 insert--
15 "(2A) For the purposes of sub-section (2), if a
payment or transfer to a non-member spouse
is made for the purposes of Part VIIIB of the
Commonwealth Family Law Act 1975
whether under Part 4A or otherwise, the
20 maximum accrued benefit of the member
spouse must be adjusted by the Board in
accordance with a methodology approved by
the Minister, on the advice of an actuary
appointed by the Board.".
3
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Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
5. New Part 4A inserted
After Part 4 of the Emergency Services
Victorian Legislation and Parliamentary Documents
Superannuation Act 1986 insert--
'PART 4A--FAMILY LAW PROVISIONS
5 22E. Definitions
(1) In this Part--
"approved deposit fund" has the meaning
given by section 10(1) of the
Commonwealth Superannuation
10 Industry (Supervision) Act 1993;
"eligible rollover fund" means a fund
within the meaning of section 242 of
the Commonwealth Superannuation
Industry (Supervision) Act 1993;
15 "eligible superannuation plan" means--
(a) a regulated superannuation fund;
or
(b) an approved deposit fund; or
(c) an exempt public sector
20 superannuation scheme; or
(d) an RSA;
"exempt public sector superannuation
scheme" means a public sector
superannuation scheme within the
25 meaning of section 10(1) of the
Commonwealth Superannuation
Industry (Supervision) Act 1993;
"flag lifting agreement" has the meaning
given by section 90MN of the
30 Commonwealth Family Law Act 1975;
4
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
"flagging order" means an order mentioned
in section 90MU(1) of the
Commonwealth Family Law Act 1975;
Victorian Legislation and Parliamentary Documents
"interest" has the meaning given by section
5 90MD of the Commonwealth Family
Law Act 1975;
"member spouse", in relation to a
superannuation interest, means the
spouse who has the superannuation
10 interest;
"non-member spouse", in relation to a
superannuation interest, means the
spouse who is not the member spouse
in relation to that interest;
15 "payment flag" has the meaning given by
section 90MD of the Commonwealth
Family Law Act 1975;
"regulated superannuation fund" means a
superannuation fund which complies
20 with section 19 of the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
"relevant condition of release" means, a
condition of release mentioned in item
25 101, 102, 103 or 106 of Schedule 1 to
the Commonwealth Superannuation
Industry (Supervision) Regulations
1994;
"reversionary interest" has the meaning
30 given by section 90MF of the
Commonwealth Family Law Act 1975;
"RSA" means a retirement savings account
within the meaning of the
Commonwealth Retirement Savings
35 Accounts Act 1997;
5
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
"specified period" means the period which
is specified to be the specified period in
the specified standards;
Victorian Legislation and Parliamentary Documents
"splitting order" means an order mentioned
5 in section 90MT of the Commonwealth
Family Law Act 1975;
"superannuation agreement" has the
meaning given by section 90MH of the
Commonwealth Family Law Act 1975;
10 "superannuation fund" has the same
meaning as in the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
"superannuation interest" means an
15 interest that a person has as a member
of an eligible superannuation plan, but
does not include a reversionary interest;
"unsplittable interest" has the meaning
given by section 90MD of the
20 Commonwealth Family Law Act 1975;
"value at a particular time of the non-
member spouse's entitlement in
respect of the superannuation
interest" means the value as
25 determined in accordance with
regulation 14G(8) of the
Commonwealth Family Law
(Superannuation) Regulations 2001;
"value of the member spouse's interest in
30 the Scheme" means the value as
determined in accordance with Part 5 of
the Commonwealth Family Law
(Superannuation) Regulations 2001.
(2) A reference to the transfer of an amount is to
35 be construed as including a reference to the
rollover of an amount.
6
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Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
22F. Obligation on Board
(1) Subject to sub-sections (5) and (6), the Board
Victorian Legislation and Parliamentary Documents
must comply with this section if--
(a) a superannuation agreement which
5 provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Board under Part VIIIB of
10 the Commonwealth Family Law Act 1975.
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
15 for a payment split; or
(c) a splitting order--
which was served on the Board under Part
VIIIB of the Commonwealth Family Law
Act 1975 before the commencement of
20 section 5 of the Superannuation Acts
(Family Law) Act 2003 if the non-member
spouse's entitlements in respect of the
superannuation interest have not been
satisfied as at that commencement.
25 (3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Board must if the value of the non-
member spouse's entitlement in respect of
30 the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Scheme--
7
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Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
Victorian Legislation and Parliamentary Documents
superannuation interest at the time of
5 the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
10 nominate in writing an eligible
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
15 of the superannuation interest at the
time of the payment to an eligible
rollover fund selected by the Board.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
20 spouse is receiving a pension under this Act,
the Board must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
25 member spouse's interest in the Scheme--
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
30 the non-member spouse's entitlement in
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
35 period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
8
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
Victorian Legislation and Parliamentary Documents
writing by the non-member spouse; or
5 (c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
10 superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Board.
(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
15 interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
(c) the non-member spouse has served a
20 waiver notice on the Board under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
interest; or
25 (d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
30 (6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
Board may determine that sub-sections (3)
and (4) do not apply.
9
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Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
(7) If the non-member spouse serves a waiver
notice on the Board under section 90MZA of
the Commonwealth Family Law Act 1975 in
Victorian Legislation and Parliamentary Documents
respect of the member spouse's
5 superannuation interest, the Board may make
a payment to the non-member spouse not
exceeding the value at a particular time of
the non-member spouse's entitlement in
respect of the superannuation interest less
10 any payments previously made by the Board
to the non-member spouse in accordance
with this section.
22G. Reduction of benefit or accrued benefit
entitlement
15 Despite anything to the contrary in this Act,
if under section 22F an amount is paid by the
Board to a non-member spouse or transferred
by the Board on behalf of a non-member
spouse, the accrued benefit of a member
20 spouse must be reduced by the Board in
accordance with a methodology approved by
the Minister, on the advice of an actuary
appointed by the Board.
22H. Board may provide additional
25 information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Board may provide information
30 additional to the information required to be
provided under section 90MZB of that Act if
the Board considers that the additional
information is necessary to understand the
Scheme or the member spouse's benefit
35 entitlements.
10
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 5
22I. Charging of fees
(1) The Board may charge reasonable fees in
Victorian Legislation and Parliamentary Documents
respect of--
(a) a payment split;
5 (b) a payment flag;
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
(d) an order under section 90MM of the
10 Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
15 1975 for information about a
superannuation interest;
(f) any other thing done by the Board in
relation to a superannuation interest
covered by a superannuation
20 agreement, flag lifting agreement or
splitting order;
(g) the provision of information under
section 22H.
(2) Fees charged under sub-section (1) must not
25 exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
by notice published in the Government
Gazette.
11
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 6
(3) If the Board charges a fee under sub-
section (1), the fee is payable--
Victorian Legislation and Parliamentary Documents
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
5 (1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; or
(b) if the fee is in respect of a payment split
under which the non-member spouse is
10 entitled to be paid the whole of the
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
(c) in the case of sub-section (1)(e) or
15 (1)(g), by the person who made the
application.'.
6. Section 26 substituted
For section 26 of the Emergency Services
Superannuation Act 1986 substitute--
20 "26. Assignment or charging of interest
(1) Subject to sub-section (2), an interest of a
member or beneficiary in a benefit under this
Act--
(a) must not be in any way assigned,
25 charged, attached or passed by
operation of law to any other person;
and
(b) is not an asset for the payment of any
debt or liability.
30 (2) Sub-section (1) does not apply to or in
respect of any assignment, charge, payment
or transfer permitted expressly or by
necessary implication by this Act.".
12
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Superannuation Acts (Family Law) Act 2003
Act No.
Part 2--Emergency Services Superannuation Act 1986
s. 7
7. Specified standards
(1) In section 29A(1)(a) of the Emergency Services
Victorian Legislation and Parliamentary Documents
Superannuation Act 1986 after "contributions"
insert "and benefits".
5 (2) After section 29A(1)(c) of the Emergency
Services Superannuation Act 1986 insert--
"(ca) specify processes and requirements in
respect of the administration and operation
of Part 4A; and
10 (cb) specify the benefits and entitlements of non-
members spouses under Part 4A; and".
(3) After section 29A(2) of the Emergency Services
Superannuation Act 1986 insert--
"(3) Any Order in Council made before the
15 enactment of the Superannuation Acts
(Family Law) Act 2003 has force and effect
as if it had been made under this section as
amended by section 7(1) of that Act.".
__________________
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551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 3--Government Superannuation Act 1999
s. 8
PART 3--GOVERNMENT SUPERANNUATION ACT 1999
Victorian Legislation and Parliamentary Documents
8. Family Law provisions
See: (1) After section 6(1)(d) of the Government
Act No.
Superannuation Act 1999 insert--
8/1999.
Reprint No. 1
5 "(da) ensure that the provisions of Part VIIIB of
as at
10 May 2001.
the Commonwealth Family Law Act 1975
LawToday:
and regulations made under that Act for the
www.dms.
dpc.vic.
purposes of that Part are complied with.".
gov.au
(2) After section 6(7) of the Government
10 Superannuation Act 1999 insert--
"(7A) If any provision of Part VIIIB of the
Commonwealth Family Law Act 1975 or of
any regulations made under that Act for the
purposes of that Part is inconsistent with this
15 Act, any regulations under this Act or the
governing instrument of an administered
scheme, the Office is to be taken to have
complied with this Act, the regulations or the
governing instrument of the administered
20 scheme if the Office has complied with the
provision of Part VIIIB of the
Commonwealth Family Law Act 1975 or of
any regulations made under that Act for the
purposes of that Part.".
25 9. MTA Superannuation Fund
(1) After section 42(1) of the Government
Superannuation Act 1999 insert--
"(1A) The provisions of Part 7A of the Transport
Superannuation Act 1988, with such
30 modifications as are necessary to make those
provisions consistent with the governing
instrument of the MTA Superannuation
Fund, are deemed to form part of the
14
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 3--Government Superannuation Act 1999
s. 9
governing instrument of the MTA
Superannuation Fund.".
Victorian Legislation and Parliamentary Documents
(2) After section 42(8)(c) of the Government
Superannuation Act 1999 insert--
5 "; and
(d) Part 7A of the Transport Superannuation
Act 1988.".
__________________
15
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 10
PART 4--PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968
Victorian Legislation and Parliamentary Documents
10. New Division 3A inserted in Part II
See: In Part II of the Parliamentary Salaries and
Act No.
5 Superannuation Act 1968, after Division 3
7723/1968.
Reprint No. 7 insert--
as at
31 May 2000
'Division 3A--Family Law Provisions
and
amending
Act Nos
21CA. Definitions
29/2000,
74/2000,
(1) In this Division--
27/2001,
72/2001 and
10 3/2003. "approved deposit fund" has the meaning
LawToday:
given by section 10(1) of the
www.dms.
dpc.vic. Commonwealth Superannuation
gov.au
Industry (Supervision) Act 1993;
"eligible rollover fund" means a fund
15 within the meaning of section 242 of
the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund;
20 or
(b) an approved deposit fund; or
(c) an exempt public sector
superannuation scheme; or
(d) an RSA;
25 "exempt public sector superannuation
scheme" means a public sector
superannuation scheme within the
meaning of section 10(1) of the
Commonwealth Superannuation
30 Industry (Supervision) Act 1993;
16
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 10
"flag lifting agreement" has the meaning
given by section 90MN of the
Commonwealth Family Law Act 1975;
Victorian Legislation and Parliamentary Documents
"flagging order" means an order mentioned
5 in section 90MU(1) of the
Commonwealth Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;
10 "member spouse", in relation to a
superannuation interest, means the
spouse who has the superannuation
interest;
"non-member spouse", in relation to a
15 superannuation interest, means the
spouse who is not the member spouse
in relation to that interest;
"payment flag" has the meaning given by
section 90MD of the Commonwealth
20 Family Law Act 1975;
"regulated superannuation fund" means a
superannuation fund which complies
with section 19 of the Commonwealth
Superannuation Industry (Supervision)
25 Act 1993;
"relevant condition of release" means, a
condition of release mentioned in item
101, 102, 103 or 106 of Schedule 1 to
the Commonwealth Superannuation
30 Industry (Supervision) Regulations
1994;
"reversionary interest" has the meaning
given by section 90MF of the
Commonwealth Family Law Act 1975;
17
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 10
"RSA" means a retirement savings account
within the meaning of the
Commonwealth Retirement Savings
Victorian Legislation and Parliamentary Documents
Accounts Act 1997;
5 "specified period" means the period which
is specified to be the specified period in
the specified standards;
"splitting order" means an order mentioned
in section 90MT of the Commonwealth
10 Family Law Act 1975;
"superannuation agreement" has the
meaning given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same
15 meaning as in the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
"superannuation interest" means an
interest that a person has as a member
20 of an eligible superannuation plan, but
does not include a reversionary interest;
"unsplittable interest" has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
25 "value at a particular time of the non-
member spouse's entitlement in
respect of the superannuation
interest" means the value as
determined in accordance with
30 regulation 14G(8) of the
Commonwealth Family Law
(Superannuation) Regulations 2001;
18
551081B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
Superannuation Acts (Family Law) Act 2003
Act No.
Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 10
"value of the member spouse's interest in
the Fund" means the value as
determined in accordance with Part 5 of
Victorian Legislation and Parliamentary Documents
the Commonwealth Family Law
5 (Superannuation) Regulations 2001.
(2) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.
21CB. Accrued benefit multiple
10 For the purpose of regulation 65 of the
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Parliamentary Trustee on the advice of an
actuary appointed by the Parliamentary
15 Trustee may from time to time determine the
accrued benefit multiple.
21CC. Obligation on Parliamentary Trustee
(1) Subject to sub-sections (5) and (6), the
Parliamentary Trustee must comply with this
20 section if--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
25 (c) a splitting order--
is served on the Parliamentary Trustee under
Part VIIIB of the Commonwealth Family
Law Act 1975.
(2) This section also applies to--
30 (a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
19
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s. 10
(c) a splitting order--
which was served on the Parliamentary
Victorian Legislation and Parliamentary Documents
Trustee under Part VIIIB of the
Commonwealth Family Law Act 1975
5 before the commencement of section 10 of
the Superannuation Acts (Family Law)
Act 2003 if the non-member spouse's
entitlements in respect of the superannuation
interest have not been satisfied as at that
10 commencement.
(3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Parliamentary Trustee must if the
15 value of the non-member spouse's
entitlement in respect of the superannuation
interest at the particular time does not exceed
the value of the member spouse's interest in
the Fund--
20 (a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
25 superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
30 superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
35 time of the payment to an eligible
rollover fund selected by the
Parliamentary Trustee.
20
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s. 10
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
Victorian Legislation and Parliamentary Documents
the Parliamentary Trustee must if the value
5 of the non-member spouse's entitlement in
respect of the superannuation interest at the
particular time does not exceed the value of
the member spouse's interest in the Fund--
(a) if so requested in writing by the non-
10 member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
respect of the superannuation interest at
15 the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
20 spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse; or
25 (c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
30 superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Parliamentary Trustee.
(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
35 interest is an unsplittable interest; or
21
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(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
Victorian Legislation and Parliamentary Documents
(c) the non-member spouse has served a
5 waiver notice on the Board under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
interest; or
10 (d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
15 (6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
Parliamentary Trustee may determine that
sub-sections (3) and (4) do not apply.
20 (7) If the non-member spouse serves a waiver
notice on the Parliamentary Trustee under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation interest, the
25 Parliamentary Trustee may make a payment
to the non-member spouse not exceeding the
value at a particular time of the non-member
spouse's entitlement in respect of the
superannuation interest less any payments
30 previously made by the Parliamentary
Trustee to the non-member spouse in
accordance with this section.
21CD. Reduction of benefit
Despite anything to the contrary in this Act,
35 if under section 21CC an amount is paid by
the Parliamentary Trustee to a non-member
22
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s. 10
spouse or transferred by the Parliamentary
Trustee on behalf of a non-member spouse,
the benefit of a member spouse must be
Victorian Legislation and Parliamentary Documents
reduced by the Parliamentary Trustee in
5 accordance with a methodology approved by
the Minister, on the advice of an actuary
appointed by the Parliamentary Trustee.
21CE. Parliamentary Trustee may provide
additional information
10 On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Parliamentary Trustee may provide
information additional to the information
15 required to be provided under section
90MZB of that Act if the Parliamentary
Trustee considers that the additional
information is necessary to understand the
Fund or the member spouse's benefit
20 entitlements.
21CF. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
25 transfer under this Division.
21CG. Charging of fees
(1) The Parliamentary Trustee may charge
reasonable fees in respect of--
(a) a payment split;
30 (b) a payment flag;
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
23
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s. 10
(d) an order under section 90MM of the
Commonwealth Family Law Act 1975
terminating the operation of a payment
Victorian Legislation and Parliamentary Documents
flag;
5 (e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
superannuation interest;
(f) any other thing done by the
10 Parliamentary Trustee in relation to a
superannuation interest covered by a
superannuation agreement, flag lifting
agreement or splitting order;
(g) the provision of information under
15 section 21CE.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
by notice published in the Government
20 Gazette.
(3) If the Parliamentary Trustee charges a fee
under sub-section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
25 (1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; and
(b) if the fee is in respect of a payment split
under which the non-member spouse is
30 entitled to be paid the whole of the
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
(c) in the case of sub-section (1)(e) or
35 (1)(g), by the person who made the
application.'.
24
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Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 11
11. Specified standards
(1) In section 24C(1)(a) of the Parliamentary
Victorian Legislation and Parliamentary Documents
Salaries and Superannuation Act 1968 after
"contributions" insert "and benefits".
5 (2) After section 24C(1)(c) of the Parliamentary
Salaries and Superannuation Act 1968 insert--
"(ca) specify processes and requirements in
respect of the administration and operation
of Division 3A; and
10 (cb) specify the benefits and entitlements of non-
members spouses under Division 3A; and".
(3) After section 24C(2) of the Parliamentary
Salaries and Superannuation Act 1968 insert--
"(3) Any Order in Council made before the
15 enactment of the Superannuation Acts
(Family Law) Act 2003 has force and effect
as if it had been made under this section as
amended by section 11(1) of that Act.".
__________________
25
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Act No.
Part 5--State Employees Retirement Benefits Act 1979
s. 12
PART 5--STATE EMPLOYEES RETIREMENT BENEFITS
ACT 1979
Victorian Legislation and Parliamentary Documents
12. Membership of scheme
See: After section 2(5) of the State Employees
Act No.
5 Retirement Benefits Act 1979 insert--
9363/1979.
Reprint No. 4
"(5A) A person cannot become a member on or
as at
28 October
after the commencement of section 72 of the
1999 and
Public Sector Superannuation
amending
Act Nos
(Administration) Act 1993.".
29/2000,
74/2000,
95/2000,
27/2001 and
73/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
10 13. Calculation of benefit
After section 40(6) of the State Employees
Retirement Benefits Act 1979 insert--
"(7) For the purposes of sub-section (6), if a
payment or transfer to a non-member spouse
15 is made for the purposes of Part VIIIB of the
Commonwealth Family Law Act 1975
whether under Part IVA or otherwise, the
maximum accrued benefit of the member
spouse must be adjusted by the Board in
20 accordance with a methodology approved by
the Minister, on the advice of an actuary
appointed by the Board.".
14. Minimum benefit
At the end of section 65 of the State Employees
25 Retirement Benefits Act 1979 insert--
"(2) If a payment or transfer to a non-member
spouse is made for the purposes of Part
VIIIB of the Commonwealth Family Law
26
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Act No.
Part 5--State Employees Retirement Benefits Act 1979
s. 15
Act 1975 whether under Part IVA or
otherwise, the minimum benefit of the
member spouse must be adjusted by the
Victorian Legislation and Parliamentary Documents
Board in accordance with a methodology
5 approved by the Minister, on the advice of an
actuary appointed by the Board.".
15. New Part IVA inserted
After Part IV of the State Employees Retirement
Benefits Act 1979 insert--
10 'PART IVA--FAMILY LAW PROVISIONS
66AA. Definitions
(1) In this Part--
"approved deposit fund" has the meaning
given by section 10(1) of the
15 Commonwealth Superannuation
Industry (Supervision) Act 1993;
"eligible rollover fund" means a fund
within the meaning of section 242 of
the Commonwealth Superannuation
20 Industry (Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund;
or
(b) an approved deposit fund; or
25 (c) an exempt public sector
superannuation scheme; or
(d) an RSA;
"exempt public sector superannuation
scheme" means a public sector
30 superannuation scheme within the
meaning of section 10(1) of the
Commonwealth Superannuation
Industry (Supervision) Act 1993;
27
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Part 5--State Employees Retirement Benefits Act 1979
s. 15
"flag lifting agreement" has the meaning
given by section 90MN of the
Commonwealth Family Law Act 1975;
Victorian Legislation and Parliamentary Documents
"flagging order" means an order mentioned
5 in section 90MU(1) of the
Commonwealth Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;
10 "member spouse", in relation to a
superannuation interest, means the
spouse who has the superannuation
interest;
"non-member spouse", in relation to a
15 superannuation interest, means the
spouse who is not the member spouse
in relation to that interest;
"payment flag" has the meaning given by
section 90MD of the Commonwealth
20 Family Law Act 1975;
"regulated superannuation fund" means a
superannuation fund which complies
with section 19 of the Commonwealth
Superannuation Industry (Supervision)
25 Act 1993;
"relevant condition of release" means, a
condition of release mentioned in item
101, 102, 103 or 106 of Schedule 1 to
the Commonwealth Superannuation
30 Industry (Supervision) Regulations
1994;
"reversionary interest" has the meaning
given by section 90MF of the
Commonwealth Family Law Act 1975;
28
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Superannuation Acts (Family Law) Act 2003
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Part 5--State Employees Retirement Benefits Act 1979
s. 15
"RSA" means a retirement savings account
within the meaning of the
Commonwealth Retirement Savings
Victorian Legislation and Parliamentary Documents
Accounts Act 1997;
5 "specified period" means the period which
is specified to be the specified period in
the specified standards;
"splitting order" means an order mentioned
in section 90MT of the Commonwealth
10 Family Law Act 1975;
"superannuation agreement" has the
meaning given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same
15 meaning as in the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
"superannuation interest" means an
interest that a person has as a member
20 of an eligible superannuation plan, but
does not include a reversionary interest;
"unsplittable interest" has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
25 "value at a particular time of the non-
member spouse's entitlement in
respect of the superannuation
interest" means the value as
determined in accordance with
30 regulation 14G(8) of the
Commonwealth Family Law
(Superannuation) Regulations 2001;
29
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Part 5--State Employees Retirement Benefits Act 1979
s. 15
"value of the member spouse's interest in
the Fund" means the value as
determined in accordance with Part 5 of
Victorian Legislation and Parliamentary Documents
the Commonwealth Family Law
5 (Superannuation) Regulations 2001.
(2) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.
66AB. Accrued benefit multiple
10 For the purpose of regulation 65 of the
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Board on the advice of an actuary appointed
by the Board may from time to time
15 determine the accrued benefit multiple.
66AC. Obligation on Board
(1) Subject to sub-sections (5) and (6), the Board
must comply with this section if--
(a) a superannuation agreement which
20 provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Board under Part VIIIB of
25 the Commonwealth Family Law Act 1975.
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
30 for a payment split; or
30
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Part 5--State Employees Retirement Benefits Act 1979
s. 15
(c) a splitting order--
which was served on the Board under Part
Victorian Legislation and Parliamentary Documents
VIIIB of the Commonwealth Family Law
Act 1975 before the commencement of
5 section 15 of the Superannuation Acts
(Family Law) Act 2003 if the non-member
spouse's entitlements in respect of the
superannuation interest have not been
satisfied as at that commencement.
10 (3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Board must if the value of the non-
member spouse's entitlement in respect of
15 the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
20 entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse
25 within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
superannuation plan within the
specified period, transfer a lump sum
30 amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
time of the payment to an eligible
rollover fund selected by the Board.
35 (4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
31
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Part 5--State Employees Retirement Benefits Act 1979
s. 15
the Board must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
Victorian Legislation and Parliamentary Documents
time does not exceed the value of the
5 member spouse's interest in the Fund--
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
10 the non-member spouse's entitlement in
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
15 period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
20 superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
25 equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Board.
30 (5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
35 interest; or
32
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Part 5--State Employees Retirement Benefits Act 1979
s. 15
(c) the non-member spouse has served a
waiver notice on the Board under
section 90MZA of the Commonwealth
Victorian Legislation and Parliamentary Documents
Family Law Act 1975 in respect of the
5 member spouse's superannuation
interest; or
(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
10 Commonwealth Family Law
(Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
15 Board may determine that sub-sections (3)
and (4) do not apply.
(7) If the non-member spouse serves a waiver
notice on the Board under section 90MZA of
the Commonwealth Family Law Act 1975 in
20 respect of the member spouse's
superannuation interest, the Board may make
a payment to the non-member spouse not
exceeding the value at a particular time of
the non-member spouse's entitlement in
25 respect of the superannuation interest less
any payments previously made by the Board
to the non-member spouse in accordance
with this section.
66AD. Reduction of benefit or accrued benefit
30 entitlement
Despite anything to the contrary in this Act,
if under section 66AC an amount is paid by
the Board to a non-member spouse or
transferred by the Board on behalf of a non-
35 member spouse, the benefit or accrued
benefit entitlement of a member spouse must
be reduced by the Board in accordance with
33
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Part 5--State Employees Retirement Benefits Act 1979
s. 15
a methodology approved by the Minister, on
the advice of an actuary appointed by the
Board.
Victorian Legislation and Parliamentary Documents
66AE. Board may provide additional
5 information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Board may provide information
10 additional to the information required to be
provided under section 90MZB of that Act if
the Board considers that the additional
information is necessary to understand the
Fund or the member spouse's benefit
15 entitlements.
66AF. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
20 transfer under this Part.
66AG. Charging of fees
(1) The Board may charge reasonable fees in
respect of--
(a) a payment split;
25 (b) a payment flag;
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
(d) an order under section 90MM of the
30 Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
34
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Act No.
Part 5--State Employees Retirement Benefits Act 1979
s. 15
(e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
Victorian Legislation and Parliamentary Documents
superannuation interest;
5 (f) any other thing done by the Board in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
10 (g) the provision of information under
section 66AE.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
15 by notice published in the Government
Gazette.
(3) If the Board charges a fee under sub-section
(1), the fee is payable--
(a) unless paragraph (b) applies, in the case
20 of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; or
(b) if the fee is in respect of a payment split
25 under which the non-member spouse is
entitled to be paid the whole of the
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
30 (c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.'.
35
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Superannuation Acts (Family Law) Act 2003
Act No.
Part 5--State Employees Retirement Benefits Act 1979
s. 16
16. Section 70A substituted
For section 70A of the State Employees
Victorian Legislation and Parliamentary Documents
Retirement Benefits Act 1979 substitute--
"70A. Assignment or charging of interest
5 (1) Subject to sub-section (2), an interest of a
member or beneficiary in a benefit under this
Act--
(a) must not be in any way assigned,
charged, attached or passed by
10 operation of law to any other person;
and
(b) is not an asset for the payment of any
debt or liability.
(2) Sub-section (1) does not apply to or in
15 respect of any assignment, charge, payment
or transfer permitted expressly or by
necessary implication by this Act.".
17. Specified standards
(1) In section 73(1)(a) of the State Employees
20 Retirement Benefits Act 1979 after
"contributions" insert "and benefits".
(2) After section 73(1)(c) of the State Employees
Retirement Benefits Act 1979 insert--
"(ca) specify processes and requirements in
25 respect of the administration and operation
of Part IVA; and
(cb) specify the benefits and entitlements of non-
members spouses under Part IVA; and".
36
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Superannuation Acts (Family Law) Act 2003
Act No.
Part 5--State Employees Retirement Benefits Act 1979
s. 17
(3) After section 73(2) of the State Employees
Retirement Benefits Act 1979 insert--
Victorian Legislation and Parliamentary Documents
"(3) Any Order in Council made before the
enactment of the Superannuation Acts
5 (Family Law) Act 2003 has force and effect
as if it had been made under this section as
amended by section 17(1) of that Act.".
__________________
37
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Act No.
Part 6--State Superannuation Act 1988
s. 18
PART 6--STATE SUPERANNUATION ACT 1988
Victorian Legislation and Parliamentary Documents
18. Definition of "secondment"
See: In section 3(1) of the State Superannuation Act
Act No.
1988, in the definition of "secondment", for
50/1988.
5 Reprint No. 4 "section 51(3) or 90(3)" substitute "section 90A".
as at
1 July 1999
and
amending
Act Nos
29/2000,
95/2000,
27/2001 and
73/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
19. What does "partially dependent" mean?
After section 3(1) of the State Superannuation
Act 1988 insert--
'(1A) For the purpose of the definition of
10 "dependant" in section 3(1), a person was
partially dependent on a deceased person if
the person benefited from a financial
contribution which was not trivial in nature
and was to some extent necessary to sustain
15 the basics of life.'.
20. Amendment of section 16A
(1) In section 16A(6) of the State Superannuation
Act 1988, in the definition of "relevant Act", after
"1982" insert ", Magistrates' Court Act 1989".
20 (2) After section 16A(6) of the State
Superannuation Act 1988 insert--
"(7) Part 7A does not apply in respect of the
account.".
38
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Act No.
Part 6--State Superannuation Act 1988
s. 21
21. Original scheme members
At the end of section 27 of the State
Victorian Legislation and Parliamentary Documents
Superannuation Act 1988 insert--
"(2) Notwithstanding anything to the contrary in
5 the Superannuation Act 1958, the payment
of any benefit under that Act is subject to
any relevant specified standards made under
section 92A.".
22. New section 27A inserted
10 After section 27 of the State Superannuation Act
1988 insert--
"27A. Application of Family Law provisions to
pensioners
(1) The Superannuation Act 1958 as in force
15 immediately before its repeal continues to
apply in respect of a person who became
entitled to receive a pension under that Act
subject to this section.
(2) For the purposes of this section--
20 (a) the provisions of Part 7A, with such
modifications as are necessary to make
those provisions consistent with the
Superannuation Act 1958 as in force
immediately before its repeal, are
25 deemed to form part of the
Superannuation Act 1958; and
(b) the Superannuation Act 1958 as in
force immediately before its repeal is to
be read and construed subject to--
30 (i) the provisions referred to in
paragraph (a); and
(ii) any relevant specified standards
made under section 92A(1)(ca) or
92A(1)(cb).".
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23. Benefit on retirement of new scheme member
After section 52(3) of the State Superannuation
Victorian Legislation and Parliamentary Documents
Act 1988 insert--
"(4) If a payment or transfer to a non-member
5 spouse is made for the purposes of
Part VIIIB of the Commonwealth Family
Law Act 1975 whether under Part 7A or
otherwise, the maximum accrued retirement
benefit of the member spouse must be
10 adjusted by the Board in accordance with a
methodology approved by the Minister, on
the advice of an actuary appointed by the
Board.".
24. New Part 7A inserted
15 After Part 7 of the State Superannuation Act
1988 insert--
'PART 7A--FAMILY LAW PROVISIONS
59AA. Definitions
(1) In this Part--
20 "approved deposit fund" has the meaning
given by section 10(1) of the
Commonwealth Superannuation
Industry (Supervision) Act 1993;
"eligible rollover fund" means a fund
25 within the meaning of section 242 of
the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund;
30 or
(b) an approved deposit fund; or
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(c) an exempt public sector
superannuation scheme; or
Victorian Legislation and Parliamentary Documents
(d) an RSA;
"exempt public sector superannuation
5 scheme" means a public sector
superannuation scheme within the
meaning of section 10(1) of the
Commonwealth Superannuation
Industry (Supervision) Act 1993;
10 "flag lifting agreement" has the meaning
given by section 90MN of the
Commonwealth Family Law Act 1975;
"flagging order" means an order mentioned
in section 90MU(1) of the
15 Commonwealth Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;
"member spouse", in relation to a
20 superannuation interest, means the
spouse who has the superannuation
interest;
"non-member spouse", in relation to a
superannuation interest, means the
25 spouse who is not the member spouse
in relation to that interest;
"payment flag" has the meaning given by
section 90MD of the Commonwealth
Family Law Act 1975;
30 "regulated superannuation fund" means a
superannuation fund which complies
with section 19 of the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
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"relevant condition of release" means, a
condition of release mentioned in
item 101, 102, 103 or 106 of
Victorian Legislation and Parliamentary Documents
Schedule 1 to the Commonwealth
5 Superannuation Industry (Supervision)
Regulations 1994;
"reversionary interest" has the meaning
given by section 90MF of the
Commonwealth Family Law Act 1975;
10 "RSA" means a retirement savings account
within the meaning of the
Commonwealth Retirement Savings
Accounts Act 1997;
"specified period" means the period which
15 is specified to be the specified period in
the specified standards;
"splitting order" means an order mentioned
in section 90MT of the Commonwealth
Family Law Act 1975;
20 "superannuation agreement" has the
meaning given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same
meaning as in the Commonwealth
25 Superannuation Industry (Supervision)
Act 1993;
"superannuation interest" means an
interest that a person has as a member
of an eligible superannuation plan, but
30 does not include a reversionary interest;
"unsplittable interest" has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
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"value at a particular time of the non-
member spouse's entitlement in
respect of the superannuation
Victorian Legislation and Parliamentary Documents
interest" means the value as
5 determined in accordance with
regulation 14G(8) of the
Commonwealth Family Law
(Superannuation) Regulations 2001;
"value of the member spouse's interest in
10 the Fund" means the value as
determined in accordance with Part 5 of
the Commonwealth Family Law
(Superannuation) Regulations 2001.
(2) A reference to the transfer of an amount is to
15 be construed as including a reference to the
rollover of an amount.
59AB. Accrued benefit multiple
For the purpose of regulation 65 of the
Commonwealth Family Law
20 (Superannuation) Regulations 2001, the
Board on the advice of an actuary appointed
by the Board may from time to time
determine the accrued benefit multiple.
59AC. Obligation on Board
25 (1) Subject to sub-sections (5) and (6), the Board
must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
30 for a payment split; or
(c) a splitting order--
is served on the Board under Part VIIIB of
the Commonwealth Family Law Act 1975.
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(2) This section also applies to--
(a) a superannuation agreement which
Victorian Legislation and Parliamentary Documents
provides for a payment split; or
(b) a flag lifting agreement which provides
5 for a payment split; or
(c) a splitting order--
which was served on the Board under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
10 section 24 of the Superannuation Acts
(Family Law) Act 2003 if the non-member
spouse's entitlements in respect of the
superannuation interest have not been
satisfied as at that commencement.
15 (3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Board must if the value of the non-
member spouse's entitlement in respect of
20 the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
25 entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse
30 within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
superannuation plan within the
specified period, transfer a lump sum
35 amount equal to the value of the non-
member spouse's entitlement in respect
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s. 24
of the superannuation interest at the
time of the payment to an eligible
rollover fund selected by the Board.
Victorian Legislation and Parliamentary Documents
(4) If the non-member spouse has satisfied a
5 relevant condition of release or the member
spouse is receiving a pension under this Act,
the Board must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
10 time does not exceed the value of the
member spouse's interest in the Fund--
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
15 lump sum amount equal to the value of
the non-member spouse's entitlement in
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
20 member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
25 the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
30 period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
35 selected by the Board.
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(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
Victorian Legislation and Parliamentary Documents
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
5 of the member spouse's superannuation
interest; or
(c) the non-member spouse has served a
waiver notice on the Board under
section 90MZA of the Commonwealth
10 Family Law Act 1975 in respect of the
member spouse's superannuation
interest; or
(d) the member spouse's superannuation
interest is a payment that is not a
15 splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
20 disability which is a splittable payment, the
Board may determine that sub-sections (3)
and (4) do not apply.
(7) If the non-member spouse serves a waiver
notice on the Board under section 90MZA of
25 the Commonwealth Family Law Act 1975 in
respect of the member spouse's
superannuation interest, the Board may make
a payment to the non-member spouse not
exceeding the value at a particular time of
30 the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the Board
to the non-member spouse in accordance
with this section.
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59AD. Reduction of benefit or accrued benefit
entitlement
Victorian Legislation and Parliamentary Documents
Despite anything to the contrary in this Act,
if under section 59AC an amount is paid by
5 the Board to a non-member spouse or
transferred by the Board on behalf of a non-
member spouse, the benefit or accrued
benefit entitlement of a member spouse must
be reduced by the Board in accordance with
10 a methodology approved by the Minister, on
the advice of an actuary appointed by the
Board.
59AE. Board may provide additional
information
15 On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Board may provide information
additional to the information required to be
20 provided under section 90MZB of that Act if
the Board considers that the additional
information is necessary to understand the
Fund or the member spouse's benefit
entitlements.
25 59AF. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
transfer under this Part.
30 59AG. Charging of fees
(1) The Board may charge reasonable fees in
respect of--
(a) a payment split;
(b) a payment flag;
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(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
Victorian Legislation and Parliamentary Documents
(d) an order under section 90MM of the
5 Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
10 1975 for information about a
superannuation interest;
(f) any other thing done by the Board in
relation to a superannuation interest
covered by a superannuation
15 agreement, flag lifting agreement or
splitting order;
(g) the provision of information under
section 59AE.
(2) Fees charged under sub-section (1) must not
20 exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
by notice published in the Government
Gazette.
(3) If the Board charges a fee under sub-section
25 (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
30 parts; or
(b) if the fee is in respect of a payment split
under which the non-member spouse is
entitled to be paid the whole of the
amount of each splittable payment that
35 becomes payable, by the non-member
spouse; or
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s. 25
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.'.
Victorian Legislation and Parliamentary Documents
25. Members of approved superannuation schemes
5 After section 69(6) of the State Superannuation
Act 1988 insert--
"(6A) For the purposes of sub-section (6), if a
payment or transfer to a non-member spouse
is made for the purposes of Part VIIIB of the
10 Commonwealth Family Law Act 1975
whether under Part 7A or otherwise, the
aggregate benefits of the member spouse
must be adjusted by the Board in accordance
with a methodology approved by the
15 Minister, on the advice of an actuary
appointed by the Board.".
26. Minimum benefit
After section 71(1C) of the State
Superannuation Act 1988 insert--
20 "(2) For the purposes of sub-section (1), if a
payment or transfer to a non-member spouse
is made for the purposes of Part VIIIB of the
Commonwealth Family Law Act 1975
whether under Part 7A or otherwise, the
25 minimum benefit of the member spouse must
be adjusted by the Board in accordance with
a methodology approved by the Minister, on
the advice of an actuary appointed by the
Board.".
30 27. Amendment of section 77B
In section 77B(8) of the State Superannuation
Act 1988 for "under section 2 of the Penalty
Interest Rates Act 1983" substitute "by the
Board based on the Treasury bond rate (within the
35 meaning of section 16 of the Commonwealth
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s. 28
Superannuation Contributions Tax (Assessment
and Collection) Act 1997)".
Victorian Legislation and Parliamentary Documents
28. Section 88 substituted
For section 88 of the State Superannuation Act
5 1988 substitute--
"88. Assignment or charging of interest
(1) Subject to sub-section (2), an interest of a
member or beneficiary in a benefit under this
Act--
10 (a) must not be in any way assigned,
charged, attached or passed by
operation of law to any other person;
and
(b) is not an asset for the payment of any
15 debt or liability.
(2) Sub-section (1) does not apply to or in
respect of any assignment, charge, payment
or transfer permitted expressly or by
necessary implication by this Act.".
20 29. Specified standards
(1) In section 92A(1)(a) of the State Superannuation
Act 1988 after "contributions" insert "and
benefits".
(2) After section 92A(1)(c) of the State
25 Superannuation Act 1988 insert--
"(ca) specify processes and requirements in
respect of the administration and operation
of Part 7A; and
(cb) specify the benefits and entitlements of non-
30 members spouses under Part 7A; and".
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(3) After section 92A(2) of the State
Superannuation Act 1988 insert--
Victorian Legislation and Parliamentary Documents
"(3) Any Order in Council made before the
enactment of the Superannuation Acts
5 (Family Law) Act 2003 has force and effect
as if it had been made under this section as
amended by section 29(1) of that Act.".
30. MWCESF
After section 94(1F) of the State Superannuation
10 Act 1988 insert--
"(1G) Sub-section (1A) is subject to the provisions
of Part 7A.
(1H) For the purposes of sub-section (1G), the
provisions of Part 7A with such
15 modifications as are necessary to make those
provisions consistent with the governing
instrument of the Melbourne Water
Corporation Employees' Superannuation
Fund are deemed to form part of the
20 governing instrument of the Melbourne
Water Corporation Employees'
Superannuation Fund.".
31. Water Industry Superannuation Fund
After section 96(4) of the State Superannuation
25 Act 1988 insert--
"(4A) Sub-section (3) is subject to the provisions of
Part 7A.
(4B) For the purposes of sub-section (4A), the
provisions of Part 7A with such
30 modifications as are necessary to make those
provisions consistent with the governing
instrument of the Water Industry
Superannuation Fund are deemed to form
part of the governing instrument of the Water
35 Industry Superannuation Fund.".
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s. 32
32. Port of Melbourne Authority Superannuation Fund
After section 101(1A) of the State
Victorian Legislation and Parliamentary Documents
Superannuation Act 1988 insert--
"(1B) Sub-section (1) is subject to the provisions of
5 Part 7A.
(1C) For the purposes of sub-section (1B), the
provisions of Part 7A with such
modifications as are necessary to make those
provisions consistent with the governing
10 instrument of the Port of Melbourne
Authority Superannuation Fund are deemed
to form part of the governing instrument of
the Port of Melbourne Authority
Superannuation Fund.".
__________________
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s. 33
PART 7--SUPERANNUATION (PORTABILITY) ACT 1989
Victorian Legislation and Parliamentary Documents
33. New definitions inserted
See:
After section 3(3) of the Superannuation Act No.
(Portability) Act 1989 insert-- 14/1989.
Reprint No. 3
5 '(4) In this Act-- as at
31 May 2000
"approved deposit fund" has the meaning and
amending
given by section 10(1) of the Act Nos
Commonwealth Superannuation 95/2000 and
27/2001.
Industry (Supervision) Act 1993; LawToday:
www.dms.
10 "eligible rollover fund" means a fund dpc.vic.
gov.au
within the meaning of section 242 of
the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"eligible superannuation plan" means--
15 (a) a regulated superannuation fund;
or
(b) an approved deposit fund; or
(c) an exempt public sector
superannuation scheme; or
20 (d) an RSA;
"exempt public sector superannuation
scheme" means a public sector
superannuation scheme within the
meaning of section 10(1) of the
25 Commonwealth Superannuation
Industry (Supervision) Act 1993;
"flag lifting agreement" has the meaning
given by section 90MN of the
Commonwealth Family Law Act 1975;
30 "flagging order" means an order mentioned
in section 90MU(1) of the
Commonwealth Family Law Act 1975;
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s. 33
"interest" has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;
Victorian Legislation and Parliamentary Documents
"member spouse", in relation to a
5 superannuation interest, means the
spouse who has the superannuation
interest;
"non-member spouse", in relation to a
superannuation interest, means the
10 spouse who is not the member spouse
in relation to that interest;
"payment flag" has the meaning given by
section 90MD of the Commonwealth
Family Law Act 1975;
15 "regulated superannuation fund" means a
superannuation fund which complies
with section 19 of the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
20 "relevant condition of release" means, a
condition of release mentioned in item
101, 102, 103 or 106 of Schedule 1 to
the Commonwealth Superannuation
Industry (Supervision) Regulations
25 1994;
"reversionary interest" has the meaning
given by section 90MF of the
Commonwealth Family Law Act 1975;
"RSA" means a retirement savings account
30 within the meaning of the
Commonwealth Retirement Savings
Accounts Act 1997;
"specified period" means the period which
is specified to be the specified period in
35 the specified standards;
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"splitting order" means an order mentioned
in section 90MT of the Commonwealth
Family Law Act 1975;
Victorian Legislation and Parliamentary Documents
"superannuation agreement" has the
5 meaning given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same
meaning as in the Commonwealth
Superannuation Industry (Supervision)
10 Act 1993;
"superannuation interest" means an
interest that a person has in the
statutory superannuation fund, but does
not include a reversionary interest;
15 "unsplittable interest" has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
"value at a particular time of the non-
member spouse's entitlement in
20 respect of the superannuation
interest" means the value as
determined in accordance with
regulation 14G(8) of the
Commonwealth Family Law
25 (Superannuation) Regulations 2001;
"value of the member spouse's interest in
the statutory superannuation fund"
means the value as determined in
accordance with Part 5 of the
30 Commonwealth Family Law
(Superannuation) Regulations 2001.
(5) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.'.
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34. Family Law provisions
After section 9 of the Superannuation
Victorian Legislation and Parliamentary Documents
(Portability) Act 1989 insert--
"9AA. Obligation on administrators
5 (1) Subject to sub-sections (5) and (6), the
administrators must comply with this section
if--
(a) a superannuation agreement which
provides for a payment split; or
10 (b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the administrators under Part
VIIIB of the Commonwealth Family Law
15 Act 1975.
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
20 for a payment split; or
(c) a splitting order--
which was served on the administrators
under Part VIIIB of the Commonwealth
Family Law Act 1975 before the
25 commencement of section 34 of the
Superannuation Acts (Family Law) Act
2003 if the non-member spouse's
entitlements in respect of the superannuation
interest have not been satisfied as at that
30 commencement.
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s. 34
(3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
Victorian Legislation and Parliamentary Documents
Act, the administrators must if the value of
5 the non-member spouse's entitlement in
respect of the superannuation interest at the
particular time does not exceed the value of
the member spouse's interest in the statutory
superannuation fund--
10 (a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
15 superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
20 superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
25 time of the payment to an eligible
rollover fund selected by the
administrators.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
30 spouse is receiving a pension under this Act,
the administrators must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
particular time does not exceed the value of
35 the member spouse's interest in the statutory
superannuation fund--
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(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
Victorian Legislation and Parliamentary Documents
lump sum amount equal to the value of
5 the non-member spouse's entitlement in
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
10 period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
15 superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
20 equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the administrators.
25 (5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
30 interest; or
(c) the non-member spouse has served a
waiver notice on the administrators
under section 90MZA of the
Commonwealth Family Law Act 1975
35 in respect of the member spouse's
superannuation interest; or
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s. 34
(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
Victorian Legislation and Parliamentary Documents
Commonwealth Family Law
5 (Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
administrators may determine that sub-
10 sections (3) and (4) do not apply.
(7) If the non-member spouse serves a waiver
notice on the administrators under section
90MZA of the Commonwealth Family Law
Act 1975 in respect of the member spouse's
15 superannuation interest, the administrators
may make a payment to the non-member
spouse not exceeding the value at a particular
time of the non-member spouse's entitlement
in respect of the superannuation interest less
20 any payments previously made by the
administrators to the non-member spouse in
accordance with this section.
9AB. Reduction of deferred retirement benefit
or transfer amount
25 Despite anything to the contrary in this Act,
if under section 9AA an amount is paid by
the administrators to a non-member spouse
or transferred by the administrators on behalf
of a non-member spouse, the deferred
30 retirement benefit or transfer amount of a
member spouse must be reduced by the
administrators in accordance with a
methodology approved by the Minister, on
the advice of an actuary appointed by the
35 administrators.
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Act No.
Part 7--Superannuation (Portability) Act 1989
s. 34
9AC. Administrators may provide additional
information
Victorian Legislation and Parliamentary Documents
On the application of an eligible person
within the meaning of section 90MZB(8) of
5 the Commonwealth Family Law Act 1975,
the administrators may provide information
additional to the information required to be
provided under section 90MZB of that Act if
the administrators consider that the
10 additional information is necessary to
understand the statutory superannuation fund
or the member spouse's benefit entitlements.
9AD. Charging of fees
(1) The administrators may charge reasonable
15 fees in respect of--
(a) a payment split;
(b) a payment flag;
(c) flag lifting under a flag lifting
agreement that does not provide for a
20 payment split;
(d) an order under section 90MM of the
Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
25 (e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
superannuation interest;
(f) any other thing done by the Board in
30 relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
(g) the provision of information under
35 section 9AC.
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(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
Victorian Legislation and Parliamentary Documents
by notice published in the Government
5 Gazette.
(3) If the administrators charge a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
10 (1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; or
(b) if the fee is in respect of a payment split
under which the non-member spouse is
15 entitled to be paid the whole of the
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
(c) in the case of sub-section (1)(e) or
20 (1)(g), by the person who made the
application.".
__________________
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s. 35
PART 8--TRANSPORT SUPERANNUATION ACT 1988
Victorian Legislation and Parliamentary Documents
35. What does "partially dependent" mean?
See: After section 3(2) of the Transport
Act No.
Superannuation Act 1988 insert--
33/1988.
Reprint No. 3
5 '(2A) For the purpose of the definition of
as at
1 July 1999
"dependant" in section 3(1), a person was
and
partially dependent on a deceased person if
amending
Act Nos
the person benefited from a financial
29/2000,
contribution which was not trivial in nature
95/2000,
10 27/2001 and
and was to some extent necessary to sustain
54/2001.
the basics of life.'.
LawToday:
www.dms.
dpc.vic.
gov.au
36. Benefit on retirement
After section 29(2) of the Transport
Superannuation Act 1988 insert--
15 "(2A) If a payment or transfer to a non-member
spouse is made for the purposes of
Part VIIIB of the Commonwealth Family
Law Act 1975 whether under Part 7A or
otherwise, the maximum accrued retirement
20 benefit of the member spouse must be
adjusted by the Board in accordance with a
methodology approved by the Minister, on
the advice of an actuary appointed by the
Board.".
25 37. Minimum benefit
After section 35A(2) of the Transport
Superannuation Act 1988 insert--
"(2A) For the purposes of sub-section (2), if a
payment or transfer to a non-member spouse
30 is made for the purposes of Part VIIIB of the
Commonwealth Family Law Act 1975
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s. 38
whether under Part 7A or otherwise, the
minimum benefit of the member spouse must
be adjusted by the Board in accordance with
Victorian Legislation and Parliamentary Documents
a methodology approved by the Minister, on
5 the advice of an actuary appointed by the
Board.".
38. New Part 7A inserted
After Part 7 of the Transport Superannuation
Act 1988 insert--
10 'PART 7A--FAMILY LAW PROVISIONS
36AA. Definitions
(1) In this Part--
"approved deposit fund" has the meaning
given by section 10(1) of the
15 Commonwealth Superannuation
Industry (Supervision) Act 1993;
"eligible rollover fund" means a fund
within the meaning of section 242 of
the Commonwealth Superannuation
20 Industry (Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund;
or
(b) an approved deposit fund; or
25 (c) an exempt public sector
superannuation scheme; or
(d) an RSA;
"exempt public sector superannuation
scheme" means a public sector
30 superannuation scheme within the
meaning of section 10(1) of the
Commonwealth Superannuation
Industry (Supervision) Act 1993;
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s. 38
"flag lifting agreement" has the meaning
given by section 90MN of the
Commonwealth Family Law Act 1975;
Victorian Legislation and Parliamentary Documents
"flagging order" means an order mentioned
5 in section 90MU(1) of the
Commonwealth Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;
10 "member spouse", in relation to a
superannuation interest, means the
spouse who has the superannuation
interest;
"non-member spouse", in relation to a
15 superannuation interest, means the
spouse who is not the member spouse
in relation to that interest;
"payment flag" has the meaning given by
section 90MD of the Commonwealth
20 Family Law Act 1975;
"regulated superannuation fund" means a
superannuation fund which complies
with section 19 of the Commonwealth
Superannuation Industry (Supervision)
25 Act 1993;
"relevant condition of release" means, a
condition of release mentioned in item
101, 102, 103 or 106 of Schedule 1 to
the Commonwealth Superannuation
30 Industry (Supervision) Regulations
1994;
"reversionary interest" has the meaning
given by section 90MF of the
Commonwealth Family Law Act 1975;
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s. 38
"RSA" means a retirement savings account
within the meaning of the
Commonwealth Retirement Savings
Victorian Legislation and Parliamentary Documents
Accounts Act 1997;
5 "specified period" means the period which
is specified to be the specified period in
the specified standards;
"splitting order" means an order mentioned
in section 90MT of the Commonwealth
10 Family Law Act 1975;
"superannuation agreement" has the
meaning given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same
15 meaning as in the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
"superannuation interest" means an
interest that a person has as a member
20 of an eligible superannuation plan, but
does not include a reversionary interest;
"unsplittable interest" has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
25 "value at a particular time of the non-
member spouse's entitlement in
respect of the superannuation
interest" means the value as
determined in accordance with
30 regulation 14G(8) of the
Commonwealth Family Law
(Superannuation) Regulations 2001;
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s. 38
"value of the member spouse's interest in
the Fund" means the value as
determined in accordance with Part 5 of
Victorian Legislation and Parliamentary Documents
the Commonwealth Family Law
5 (Superannuation) Regulations 2001.
(2) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.
36AB. Accrued benefit multiple
10 For the purpose of regulation 65 of the
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Board on the advice of an actuary appointed
by the Board may from time to time
15 determine the accrued benefit multiple.
36AC. Obligation on Board
(1) Subject to sub-sections (5) and (6), the Board
must comply with this section if--
(a) a superannuation agreement which
20 provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Board under Part VIIIB of
25 the Commonwealth Family Law Act 1975.
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
30 for a payment split; or
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Act No.
Part 8--Transport Superannuation Act 1988
s. 38
(c) a splitting order--
which was served on the Board under
Victorian Legislation and Parliamentary Documents
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
5 section 38 of the Superannuation Acts
(Family Law) Act 2003 if the non-member
spouse's entitlements in respect of the
superannuation interest have not been
satisfied as at that commencement.
10 (3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Board must if the value of the non-
member spouse's entitlement in respect of
15 the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
20 entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse
25 within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
superannuation plan within the
specified period, transfer a lump sum
30 amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
time of the payment to an eligible
rollover fund selected by the Board.
35 (4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
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the Board must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
Victorian Legislation and Parliamentary Documents
time does not exceed the value of the
5 member spouse's interest in the Fund--
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
10 the non-member spouse's entitlement in
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
15 period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
20 superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
25 equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Board.
30 (5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
35 interest; or
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s. 38
(c) the non-member spouse has served a
waiver notice on the Board under
section 90MZA of the Commonwealth
Victorian Legislation and Parliamentary Documents
Family Law Act 1975 in respect of the
5 member spouse's superannuation
interest; or
(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
10 Commonwealth Family Law
(Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
15 Board may determine that sub-sections (3)
and (4) do not apply.
(7) If the non-member spouse serves a waiver
notice on the Board under section 90MZA of
the Commonwealth Family Law Act 1975 in
20 respect of the member spouse's
superannuation interest, the Board may make
a payment to the non-member spouse not
exceeding the value at a particular time of
the non-member spouse's entitlement in
25 respect of the superannuation interest less
any payments previously made by the Board
to the non-member spouse in accordance
with this section.
36AD. Reduction of benefit or accrued benefit
30 entitlement
Despite anything to the contrary in this Act,
if under section 36AC an amount is paid by
the Board to a non-member spouse or
transferred by the Board on behalf of a non-
35 member spouse, the benefit or accrued
benefit entitlement of a member spouse must
be reduced by the Board in accordance with
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s. 38
a methodology approved by the Minister, on
the advice of an actuary appointed by the
Board.
Victorian Legislation and Parliamentary Documents
36AE. Board may provide additional
5 information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Board may provide information
10 additional to the information required to be
provided under section 90MZB of that Act if
the Board considers that the additional
information is necessary to understand the
Fund or the member spouse's benefit
15 entitlements.
36AF. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
20 transfer under this Part.
36AG. Charging of fees
(1) The Board may charge reasonable fees in
respect of--
(a) a payment split;
25 (b) a payment flag;
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
(d) an order under section 90MM of the
30 Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
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s. 38
(e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
Victorian Legislation and Parliamentary Documents
superannuation interest;
5 (f) any other thing done by the Board in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
10 (g) the provision of information under
section 36AE.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
15 by notice published in the Government
Gazette.
(3) If the Board charges a fee under sub-section
(1), the fee is payable--
(a) unless paragraph (b) applies, in the case
20 of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; or
(b) if the fee is in respect of a payment split
25 under which the non-member spouse is
entitled to be paid the whole of the
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
30 (c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.'.
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Act No.
Part 8--Transport Superannuation Act 1988
s. 39
39. Section 49 substituted
For section 49 of the Transport Superannuation
Victorian Legislation and Parliamentary Documents
Act 1988 substitute--
"49. Assignment or charging of interest
5 (1) Subject to sub-section (2), an interest of a
member or beneficiary in a benefit under this
Act--
(a) must not be in any way assigned,
charged, attached or passed by
10 operation of law to any other person;
and
(b) is not an asset for the payment of any
debt or liability.
(2) Sub-section (1) does not apply to or in
15 respect of any assignment, charge, payment
or transfer permitted expressly or by
necessary implication by this Act.".
40. Specified standards
(1) In section 53(1)(a) of the Transport
20 Superannuation Act 1988 after "contributions"
insert "and benefits".
(2) After section 53(1)(c) of the Transport
Superannuation Act 1988 insert--
"(ca) specify processes and requirements in
25 respect of the administration and operation
of Part 7A; and
(cb) specify the benefits and entitlements of non-
members spouses under Part 7A; and".
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Act No.
Part 8--Transport Superannuation Act 1988
s. 40
(3) After section 53(2) of the Transport
Superannuation Act 1988 insert--
Victorian Legislation and Parliamentary Documents
"(3) Any Order in Council made before the
enactment of the Superannuation Acts
5 (Family Law) Act 2003 has force and effect
as if it had been made under this section as
amended by section 40(1) of that Act.".
__________________
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Act No.
Part 9--Unclaimed Moneys Act 1962
s. 41
PART 9--UNCLAIMED MONEYS ACT 1962
Victorian Legislation and Parliamentary Documents
41. Family Law provisions
See: In section 17 of the Unclaimed Moneys Act
Act No.
1962, in the definition of "member", after
6879/1962.
5 Reprint No. 7 paragraph (b) insert--
as at
3 April 2003.
"; or
LawToday:
www.dms.
(c) in respect of an unclaimed superannuation
dpc.vic.
benefit that is taken to be unclaimed money
gov.au
under section 12(2) of the Commonwealth
10 Unclaimed Money Act, a non-member
spouse within the meaning of Part VIIIB of
the Commonwealth Family Law Act 1975;".
42. Statement of unclaimed superannuation benefits
After section 19(4)(a)(ii) of the Unclaimed
15 Moneys Act 1962 insert--
'(iii) a non-member spouse, if paragraph (c) of the
definition of "member" in section 17 applies;
and'.
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Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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