Commonwealth Numbered Regulations

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SUPERANNUATION (FAMILY LAW — SUPERANNUATION ACT 1976) ORDERS 2004 2004 No. 86 - REG 2.01

Basic contributions amount
(1)
For the definition of basic contributions amount in section 146MA of the Act, the basic contributions amount in relation to a member spouse is determined in accordance with this section.

(2)
If:

(a)
the member spouse is, or has been at any time, an eligible employee; and

(b)
the original interest in relation to the member spouse arises from the member spouse being, or having been, an eligible employee;

the basic contributions amount is determined as follows:


Step 1


Identify the amount of the lump sum that would be payable to the member spouse if benefits had become payable to the member spouse at the operative time.
Note
The amount of the lump sum would include accumulated basic contributions and interest.


Step 2


Identify the component of the lump sum that would relate to accumulated basic contributions.
The component is the basic contributions amount.


(3)
If the member spouse is a person who has an entitlement to associate deferred benefits, the basic contributions amount is the amount of the funded component, mentioned in paragraph 146MC (1) (a) of the Act, that would be payable to the member spouse if benefits had become payable to the member spouse at the operative time.



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