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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001
- made under the Family Law Act 1975
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Name of Regulations
3. Definitions
4. Expressions used in Part VIIIB or VIIIC of the Act
5. Meaning of defined benefit interest
6. Meaning of growth phase-- superannuation interests in regulated superannuation funds, approved deposit funds and RSAs
7. Meaning of growth phase-- superannuation interests in other eligible superannuation plans
8. Meaning of payment phase
9. Meaning of partially vested accumulation interest
9A. Meaning of percentage - only interest (Act s 90XD, s 90YD)
9B. Meaning of percentage - only interest --parliament 70 category under the Deed
10. Meaning of trustee (Act s 90XD, s 90YD)
10A. Meaning of unflaggable interest (Act s 90XD, s 90YD)
11. Meaning of unsplittable interest (Act s 90XD, 90YD)
11A. Meaning of lifetime pension etc.
PART 2--PAYMENTS--THAT ARE NOT SPLITTABLE PAYMENTS
Division 2.1--General
12. Payments to member spouse that are not splittable payments (Act s 90XE, s 90YG)
13. Payments after death of member spouse that are not splittable payments (Act s 90XE, s 90YG)
Division 2.2--Particular circumstances in which payments are not splittable payments
14. Circumstances in which payments are not splittable payments
14A. Meaning of certain expressions for Division 2.2
14F. New interest created or amount transferred or rolled over or paid, under SIS Regulations or RSA Regulations, in satisfaction of non - member spouse's entitlement
14G. New interest created or amount transferred or rolled over or paid by trustee (other than under regulation 14F), or separate entitlement arising, in satisfaction of non - member spouse's entitlement under agreement or order
14H. Amount paid by member spouse in satisfaction of non - member spouse's entitlement under agreement or order
14N. New interest created or amount transferred or rolled over or paid by trustee, or separate entitlement arising, in satisfaction of non - member spouse's entitlement under agreement or order
14P. New deferred annuity established or amount transferred or rolled over or paid by trustee of deferred annuity in satisfaction of non - member spouse's entitlement under agreement or order
14Q. New annuity established or amount transferred or rolled over or paid by trustee of a superannuation annuity (other than under regulation 14P) in satisfaction of non - member spouse's entitlement under agreement or order
PART 3--PAYMENT--SPLITTING OR FLAGGING BY AGREEMENT
Division 3.1--Superannuation interest that is not a percentage-only interest
15. Application of Division 3.1 (Act s 90XJ, s 90YN)
16. Entitlement of non - member spouse--superannuation interest not in existence or in growth phase
17. Entitlement of non - member spouse--superannuation interest in payment phase
Division 3.2--Superannuation interest that is a percentage-only interest
18. Application of Division 3.2 (Act s 90XJ, s 90YN)
19. Entitlement of non - member spouse--splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)
19A. Entitlement of non - member spouse--splittable payment payable in respect of superannuation interest in a superannuation annuity
Division 3.3--Miscellaneous
20. Superannuation interests in excess of low rate cap amount--total withdrawal value (Act s 90XQ, 90YV)
PART 4--PAYMENT--SPLITTING OR FLAGGING BY COURT ORDER
Division 4.1--Superannuation interest that is not a percentage-only interest
21. Application of Division 4.1 (Act s 90XT, s 90YY)
22. Determination of amount in relation to certain superannuation interests
23. Entitlement of non - member spouse--interests other than small superannuation accounts interests
24. Determination of value of small superannuation accounts interests
Division 4.2--Superannuation interest that is a percentage-only interest
25. Application of Division 4.2 (Act s 90XT, s 90YY)
26. Entitlement of non - member spouse--splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)
26A. Entitlement of non - member spouse--splittable payment payable in respect of superannuation interest in a superannuation annuity
PART 5--DETERMINATION--OF AMOUNT IN RELATION TO CERTAIN SUPERANNUATION INTERESTS
Division 5.1--Superannuation interest in growth phase at relevant date
27. Application of Division 5.1 (Act s 90XT, s 90YY)
28. Method for determining amount in relation to a superannuation interest--general
29. Method for determining gross value--defined benefit interest
30. Approval of retirement age
31. Method for determining gross value--accumulation interest (other than a partially vested accumulation interest)
32. Method for determining gross value--partially vested accumulation interest
33. Method for determining gross value--combination of defined benefit interest and accumulation interest
34. Method for determining gross value--combination of defined benefit interest and partially vested accumulation interest
35. Method for determining gross value--interest that is the greater of a defined benefit interest and an accumulation interest
36. Method for determining gross value--interest that is the lesser of a defined benefit interest and an accumulation interest
37. Method for determining gross value--defined benefit less other amount
38. Approval of methods and factors for determining gross value of particular superannuation interests
Division 5.2--Superannuation interest in payment phase at relevant date
39. Application of Division 5.2 (Act s 90XT, s 90YY)
40. Method for determining amount in relation to a superannuation interest--general
41. Method for determining gross value--benefits payable only as one or more lump sums
42. Method for determining gross value--benefits paid as pension
43. Method for determining gross value--benefits paid as pension and lump sum also payable
43A. Approval of methods and factors for determining gross value of superannuation interest being paid as a life pension
PART 6--ENTITLEMENT--OF NON-MEMBER SPOUSE IN RESPECT OF CERTAIN SUPERANNUATION INTERESTS
Division 6.1--Interpretation
44. Definition for Part 6
45. Meaning of base amount allocated to the non - member spouse
Division 6.1A--Adjustment of base amount
45A. Adjustment of base amount
45B. Applicable adjustment periods--superannuation interests other than those to which regulation 45C applies
45C. Applicable adjustment periods--whole of superannuation interest is accumulation interest
45D. Interest rates for adjustment of base amount
Division 6.2--Superannuation interest in growth phase at date of service of agreement or date of order
46. Application of Division 6.2 (Act s 90XJ, s 90XT, s 90YN, s 90YY)
49. Amount to be paid to non - member spouse--benefit payable only as lump sum that is equal to or more than adjusted base amount
50. Amount to be paid to non - member spouse--benefit payable only as lump sum that is less than adjusted base amount
51. Amount to be paid to non - member spouse--optional lump sum from remaining benefits
52. Amount to be paid to non - member spouse--optional lump sum--payment of whole of adjusted base amount
53. Amount to be paid to non - member spouse--optional lump sum--payment of part of adjusted base amount
54. Amount to be paid to non - member spouse--no benefit payable only as lump sum or first splittable payment not lump sum
54A. Amount to be paid to non - member spouse--benefits payable as allocated pension or market linked pension
Division 6.3--Superannuation interest in payment phase at date of service of agreement or date of order
Subdivision 6.3.1--Application of Division 6.3
55. Application of Division 6.3 (Act s 90XJ, s 90XT, s 90YN, s 90YY)
Subdivision 6.3.2--First or only payment split
55A. Application of Subdivision 6.3.2
56. Amount to be paid to non - member spouse--first splittable payment after operative time equal to or more than base amount
57. Amount to be paid to non - member spouse--first splittable payment after operative time less than base amount
58. Amount to be paid to non - member spouse--optional lump sum from remaining benefits
58A. Amount to be paid to non - member spouse--benefits payable as allocated pension or market linked pension
Subdivision 6.3.3--Second or later payment split
58B. Application of Subdivision 6.3.3
58C. Amount to be paid to non - member spouse--first splittable payment after operative time equal to or more than amount of earlier payments plus base amount
58D. Amount to be paid to non - member spouse--first splittable payment after operative time less than amount of earlier payments plus base amount
58E. Amount to be paid to non - member spouse--benefits payable as allocated pension or market linked pension
PART 7--GENERAL--PROVISIONS ABOUT PAYMENT SPLITTING
Division 7.1--General
59. Fees payable to trustee (Act s 90XY, s 90YZO)
60. Waiver of rights under payment split (Act s 90XZA, s 90YZQ)
Division 7.2--Provision of information to and by trustee
61. Definitions for Division 7.2
62. Application to trustee for information--accompanying declaration (Act s 90XZB, s 90YZR)
63. Information about certain accumulation interests (Act s 90XZB, 90YZR)
63A. Giving valuation information--partially vested accumulation interest (Act s 90XZB, s 90YZR)
64. Information about certain defined benefit interests (Act s 90XZB, s 90YZR)
64A. Giving underlying valuation information--defined benefit interests
65. Information about certain defined benefit interests--meaning of accrued benefit multiple
66. Information about certain percentage - only interests (Act s 90XZB, s 90YZR)
67. Information about interests in self managed superannuation funds (Act s 90XZB, s 90YZR)
68. Information about small superannuation accounts interests (Act s 90XZB, s 90YZR)
68A. Information about certain superannuation interests in relation to which an agreement or splitting order applies (Act s 90XZB, s 90YZR)
68B. How and when trustee must provide information
69. Secondary government trustee not required to provide information (Act s 90XZB, s 90YZR)
70. Information to be provided by trustee following service of agreement or order (Act s 90XZB, s 90YZR)
71. Information to be provided by trustee at end of financial year
72. Notice to trustee by non - member spouse
PART 8--APPLICATION--, SAVING AND TRANSITIONAL PROVISIONS
73. Purpose of Part 8
74. Amendments made by Family Law (Superannuation) Amendment (ABS) Regulation 2013
75. Amendments made by Family Law (Superannuation) Amendment (Unsplittable Interests) Regulations 2023
SCHEDULE 1 Forms
SCHEDULE 1A Value of non-member spouse's entitlement for percentage-only interest in superannuation fund or approved deposit fund in payment phase
SCHEDULE 2 Method for determining gross value of defined benefit interest
SCHEDULE 3 Method for determining gross value of partially vested accumulation interest
SCHEDULE 4 Method for determining gross value of superannuation interest payable as life pension
SCHEDULE 4A Method for determining value of superannuation interest in lifetime annuity
SCHEDULE 5 Method for determining gross value of superannuation interest payable as fixed-term pension
SCHEDULE 5A Method for determining value of superannuation interest in fixed term annuity
SCHEDULE 6 Method for determining gross value of superannuation interest payable as pension and future lump sum
SCHEDULE 7 Modifications of Division 6.2
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