Commonwealth Consolidated Regulations

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 9B

  (1)   This regulation applies to a superannuation interest held by a person by belonging to the parliament 70 category under Chapter   9 of the Government Division Rules if:

  (a)   the interest is held by a person who has received salary as a member of the Assembly for an aggregate period of less than 8 years; or

  (b)   all of the following apply:

  (i)   the interest is held by a person who has received salary as a member of the Assembly for an aggregate period of at least 8 years;

  (ii)   after the person first began receiving salary as a member but before the person had completed an aggregate period of service of at least 8 years, the interest became subject to a payment split;

  (iii)   subregulation (2) does not apply to the payment split; or

  (c)   all of the following apply:

  (i)   the interest is a percentage - only interest under paragraph   (b) or this paragraph;

  (ii)   while the interest is a percentage - only interest under either of those paragraphs, the interest becomes subject to a second or later payment split;

  (iii)   subregulation (2) does not apply to at least 1 of the payment splits in relation to the interest.

  (2)   This subregulation applies to a payment split if:

  (a)   for a payment split under a superannuation agreement or flag lifting agreement--the agreement has been terminated or set aside; or

  (b)   for a payment split under a splitting order--the order has been set aside; or

  (c)   an amount has been paid under subsection   363(2) of the Participation Schedule or subsection   25G(2) of the repealed Act in relation to the entitlement under the applicable superannuation agreement, flag lifting agreement or splitting order; or

  (d)   the person for whose benefit the applicable superannuation agreement, flag lifting agreement or splitting order was made has elected to be paid a lifetime pension under subsection   367(4) of the Participation Schedule or subsection   25K(4) of the repealed Act in relation to the entitlement under the agreement or order.

  (3)   In this regulation:

"Assembly" means the Legislative Assembly of Queensland.

"repealed Act" means the Parliamentary Contributory Superannuation Act 1970 (Qld).