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New South Wales
Superannuation Legislation
Amendment (Family Law) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts and Regulation 2
Schedule 1 Amendment of First State Superannuation Act 1992 No 100 3
Schedule 2 Amendment of Judges' Pensions Act 1953 No 41 6
Schedule 3 Amendment of Local Government and Other Authorities
(Superannuation) Act 1927 No 35 12
Schedule 4 Amendment of New South Wales Retirement Benefits
Act 1972 No 70 14
Schedule 5 Amendment of Parliamentary Contributory Superannuation
Act 1971 No 53 17
Schedule 6 Amendment of Police Association Employees
(Superannuation) Act 1969 No 33 23
Schedule 7 Amendment of Police Regulation (Superannuation)
Act 1906 No 28 24
Schedule 8 Amendment of Public Authorities Superannuation
Act 1985 No 41 31
Superannuation Legislation Amendment (Family Law) Bill 2003
Contents
Page
Schedule 9 Amendment of Public Authorities Superannuation
(Transport Retirement Fund Closure) (Savings and
Transitional) Regulation 1986 33
Schedule 10 Amendment of State Authorities Non-contributory
Superannuation Act 1987 No 212 34
Schedule 11 Amendment of State Authorities Superannuation
Act 1987 No 211 41
Schedule 12 Amendment of Superannuation Act 1916 No 28 50
Schedule 13 Amendment of Transport Employees Retirement
Benefits Act 1967 No 96 57
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Superannuation Legislation
Amendment (Family Law) Bill 2003
Act No , 2003
An Act to amend various superannuation Acts to accommodate Commonwealth
legislation relating to the division of superannuation entitlements on marriage
breakdown, to extend benefits to de facto partners in certain schemes and to
update pension adjustment provisions; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Superannuation Legislation Amendment (Family Law) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Superannuation Legislation Amendment (Family
Law) Act 2003.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as
provided by subsections (2) and (3).
(2) Schedules 1 [2]-[4], 2, 5, 6, 7, 10, 11 and 12 commence on a day or
days to be proclaimed.
(3) Schedule 13 [2] is taken to have commenced on 29 November 2002.
3 Amendment of Acts and Regulation
The Acts and Regulation specified in Schedules 1-13 are amended
as set out in those Schedules.
Page 2
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of First State Superannuation Act 1992 No 100 Schedule 1
Schedule 1 Amendment of First State Superannuation
Act 1992 No 100
(Section 3)
[1] Section 20B Matters to be dealt with by trust deed and rules
Insert after section 20B (f):
, and
(g) the levying of charges by FTC for administration and
other costs payable by FTC and resulting from
requirements under Part VIIIB of the Family Law
Act 1975 of the Commonwealth or the Family Law
(Superannuation) Regulations 2001 of the
Commonwealth, and
(h) the payment into the Fund of any charges or costs
referred to in paragraph (g).
[2] Sections 20BA and 20BB
Insert after section 20B in Division 2 of Part 4:
20BA Family law superannuation payments from other schemes
(1) In this section:
non-member spouse benefit means any of the following
payments:
(a) a family law superannuation payment under section
15C of the Judges' Pensions Act 1953,
(b) a family law superannuation payment under section
29C of the Parliamentary Contributory
Superannuation Act 1971,
(c) a family law superannuation payment under section 3A
of the Police Association Employees (Superannuation)
Act 1969,
(d) a family law superannuation payment under section
14P of the Police Regulation (Superannuation) Act
1906,
(e) a family law superannuation payment under section
27AJ of the State Authorities Non-contributory
Superannuation Act 1987,
Page 3
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 1 Amendment of First State Superannuation Act 1992 No 100
(f) a family law superannuation payment under section 45I
of the State Authorities Superannuation Act 1987,
(g) a family law superannuation payment under section
61WB of the Superannuation Act 1916.
transfer day, in relation to a person whose non-member
spouse benefit is transferred under any of the transfer
provisions, means the day on which the benefit is transferred
under the provision concerned.
transfer provision means any of the following provisions:
(a) section 15C of the Judges' Pensions Act 1953,
(b) section 29C of the Parliamentary Contributory
Superannuation Act 1971,
(c) section 3A of the Police Association Employees
(Superannuation) Act 1969,
(d) section 14P of the Police Regulation (Superannuation)
Act 1906,
(e) section 27AJ of the State Authorities Non-contributory
Superannuation Act 1987,
(f) section 45I of the State Authorities Superannuation
Act 1987,
(g) section 61WB of the Superannuation Act 1916.
transferred non-member spouse means a person whose non-
member spouse benefit is transferred under a transfer
provision.
(2) On and from the transfer day, a person whose non-member
spouse benefit is transferred under a transfer provision to FTC
for crediting to the Fund, and who is not already a member of
the superannuation scheme established under this Act and the
trust deed, is an associate member of the Fund.
(3) FTC must establish in the Fund an account in respect of any
such associate member.
(4) FTC must credit to the Fund the amount transferred to FTC
under a transfer provision.
(5) FTC must credit to the account of each transferred non-
member spouse an amount equal to the non-member spouse
benefit.
Page 4
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of First State Superannuation Act 1992 No 100 Schedule 1
(6) Any such amount is taken to have been credited to the account
on the day following the transfer day.
(7) An amount credited under this section to the account of a
transferred non-member spouse is, for the purposes of this Act
and the trust deed, to be treated as if it were contributed or
preserved under this Act and the trust deed by or on behalf of
the transferred non-member spouse.
20BB Rules
Without limiting section 13, 14, 18 or 20, the trust deed and
the rules under the trust deed may make provision for or with
respect to matters arising from the transfer of a non-member
spouse benefit, including:
(a) the establishment of accounts in the Fund for
transferred non-member spouses who are not members
of the Fund,
(b) the classification of transferred non-member spouses as
associate members of the Fund on the establishment of
their accounts,
(c) the crediting of amounts to the accounts of transferred
non-member spouses,
(d) the investment of amounts held in accounts of
transferred non-member spouses.
[3] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law) Act
2003 (but only to the extent that it amends this Act)
[4] Dictionary
Insert ", or a transfer under section 20BA," after "Commonwealth" in the
definition of associate member.
Page 5
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 2 Amendment of Judges' Pensions Act 1953 No 41
Schedule 2 Amendment of Judges' Pensions Act 1953
No 41
(Section 3)
[1] Section 2 Definitions
Insert after section 2 (2):
(3) Notes included in this Act do not form part of this Act.
[2] Part 3A
Insert after Part 3:
Part 3A Provisions relating to family law
superannuation legislation
15A Definitions
In this Part:
complying superannuation fund means:
(a) a regulated superannuation fund under the
Superannuation Industry (Supervision) Act 1993 of the
Commonwealth, or
(b) the First State Superannuation Fund.
family law superannuation entitlement has the same
meaning as it has in section 15C (2) (a).
family law superannuation legislation means Part VIIIB of
the Family Law Act 1975 of the Commonwealth and the
Family Law (Superannuation) Regulations 2001 of the
Commonwealth.
family law superannuation payment means an amount
payable under this Part to or in respect of a non-member
spouse.
First State Superannuation Fund means the Fund
maintained and administered under the trust deed entered into
under the First State Superannuation Act 1992.
flag lifting agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
Page 6
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Judges' Pensions Act 1953 No 41 Schedule 2
FTC means the FSS Trustee Corporation established under
the Superannuation Administration Act 1996.
member spouse, in relation to a superannuation interest under
this Act, means the spouse who has the superannuation
interest.
non-member spouse, in relation to a superannuation interest
under this Act, means the spouse who is not the member
spouse in relation to that interest.
payment split has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
RSA means a retirement savings account within the meaning
of the Retirement Savings Accounts Act 1997 of the
Commonwealth.
splitting order has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
spouse of a person means a person who is or was married to
that person.
superannuation agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
superannuation interest means an interest that a judge,
retired judge or any other person has as a member or a
beneficiary of the superannuation scheme established under
this Act.
15B Payment of benefits where superannuation interests affected
by flagging order or payment split
Nothing in this Act:
(a) requires the payment of a benefit or any other payment
under this Act, to the extent that any such payment
would contravene provisions of the family law
superannuation legislation or any order or agreement
made under that legislation, or
(b) prevents the payment or reduction of a benefit or any
other payment, to the extent that the payment or
reduction is required to be made, or results from a
requirement, under the family law superannuation
legislation or any order or agreement made under that
legislation.
Page 7
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 2 Amendment of Judges' Pensions Act 1953 No 41
15C Payment splits
(1) The object of this section is to facilitate arrangements for
payment splits under the family law superannuation
legislation and to provide for family law superannuation
payments to or in respect of non-member spouses for the
purposes of satisfying the requirements of Division 2.2 of
Part 2 of the Family Law (Superannuation) Regulations 2001
of the Commonwealth.
Note. The effect of satisfying those requirements is that payments to the
member spouse of a benefit under this Act will be no longer liable to be
split for the purposes of the family law superannuation legislation.
(2) A non-member spouse has a family law superannuation
entitlement to which this section applies if:
(a) the non-member spouse has an entitlement, that is
operative, to be paid an amount under a superannuation
agreement, flag lifting agreement or splitting order in
respect of a superannuation interest of a member spouse
(a family law superannuation entitlement), and
(b) the member spouse is in receipt of a pension, or is
eligible to be paid a lump sum benefit, under this Act,
and
(c) the family law superannuation entitlement has not been
paid to the non-member spouse by the member spouse,
or waived by the non-member spouse, in accordance
with the family law superannuation legislation.
(3) On written notice by a member spouse or a non-member
spouse, or by any other person or court, of a family law
superannuation entitlement of a non-member spouse to which
this section applies, the Minister must take one of the
following actions:
(a) pay or release to the non-member spouse an amount, of
the value of the family law superannuation entitlement
(less any costs chargeable),
(b) transfer or rollover to a complying superannuation fund
or an RSA nominated by the non-member spouse an
amount, of the value of the family law superannuation
entitlement (less any costs chargeable), to be held for
the benefit of the non-member spouse.
Page 8
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Judges' Pensions Act 1953 No 41 Schedule 2
(4) The Minister may take the action set out in subsection (3) (a)
only if the member spouse is in receipt of a pension under this
Act or the non-member spouse has satisfied a condition for
payment or release of a benefit of a kind that would entitle a
person to payment of a benefit if the Fund were a complying
superannuation fund.
(5) The Minister must transfer a family law superannuation
payment to FTC for crediting to the First State
Superannuation Fund if:
(a) the payment is not payable under subsection (3) (a), and
(b) a non-member spouse fails, within the period
prescribed by the regulations, to make a nomination for
the purposes of subsection (3) (b) or a nominated fund
or RSA does not accept the nomination.
(6) For the purposes of this section, the value of a family law
superannuation entitlement or a family law superannuation
payment of a non-member spouse is to be determined in
accordance with any applicable provisions of the regulations
and the family law superannuation legislation.
15D Reduction of benefits of member spouses
(1) The Minister may reduce the amount of any benefit payable
under this Act to or in respect of a member spouse (or a spouse
or de facto partner of a member spouse) if a family law
superannuation entitlement is paid or payable to or in respect
of the non-member spouse under the family law
superannuation legislation or this Part or the regulations.
(2) A preserved or deferred benefit may be reduced under this
section.
(3) A pension may be reduced under this section even though
payment of the pension first commenced before the payment
of the amount to or in respect of the non-member spouse.
(4) The benefit is to be reduced in accordance with the
regulations and any applicable provisions of the family law
superannuation legislation.
Page 9
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 2 Amendment of Judges' Pensions Act 1953 No 41
15E Accrued benefit multiples
(1) For the purposes of the family law superannuation legislation,
the accrued benefit multiple of a member spouse is the period
(in years and parts of years) that the member spouse served as
a judge in the judicial office (including any prior judicial
service within the meaning of section 8) that he or she held
immediately before becoming eligible for payment of a
pension or a lump sum benefit.
Note. Under the family law superannuation legislation, the accrued
benefit multiple is a factor used to determine the amount payable to a
non-member spouse who becomes entitled to a payment.
(2) In the case of a member spouse who is the widow or widower
of a former judge, the accrued benefit multiple is the same as
the accrued benefit multiple for the former judge.
15F Regulations
Regulations may be made for or with respect to the following
matters:
(a) elections by non-member spouses for payment of
family law superannuation entitlements,
(b) the persons or bodies to whom a family law
superannuation payment under section 15C or a
payment referred to in paragraph (i) may be paid,
(c) the composition of payments made for the purposes of
the family law superannuation legislation or this Part,
having regard to the composition of the member
spouse's superannuation interest under this Act before
the payment is paid,
(d) the payment of fees for or with respect to family law
superannuation payments,
(e) notice of family law superannuation entitlements and
payment splits,
(f) the periods for payment of family law superannuation
payments,
(g) the calculation of payments and entitlements for the
purposes of the family law superannuation legislation
or this Part (including payments under paragraph (i)),
(h) the calculation of the value of superannuation interests
of member spouses for the purposes of the family law
superannuation legislation or this Part,
Page 10
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Judges' Pensions Act 1953 No 41 Schedule 2
(i) additional circumstances in which an offer may be
made, and payment may be made, to a non-member
spouse where a superannuation interest is subject to a
payment split,
(j) the charging of, and payment from, the Consolidated
Fund of a payment made in the circumstances
prescribed under paragraph (i),
(k) the reduction of benefits (including deferred or
preserved benefits) payable to or in respect of member
spouses, or spouses or de facto partners of member
spouses, as a consequence of payments under the
family law superannuation legislation or this Part,
(l) without limiting paragraph (k), the commutation of
pensions or parts of pensions for the purposes of the
reduction of benefits as a consequence of payments
under the family law superannuation legislation or this
Part.
[3] Section 16 Payment to legal personal representative in certain
cases
Insert "or family law superannuation payment within the meaning of
Part 3A" after "benefit".
[4] Section 16A Accrued benefit multiples for family law
superannuation purposes
Omit the section.
[5] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 11
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 3 Amendment of Local Government and Other Authorities (Superannuation)
Act 1927 No 35
Schedule 3 Amendment of Local Government and
Other Authorities (Superannuation)
Act 1927 No 35
(Section 3)
[1] Section 15BO Pension payable to widow, widower or de facto
partner of deceased pensioner
Omit section 15BO (1). Insert instead:
(1) Subject to section 15BOB, if a pensioner under section 15BF,
15BG or 15BH dies leaving a widow, widower or de facto
partner, the board must pay to the widow, widower or de facto
partner a pension at the rate of 62.5% of the rate at which the
deceased pensioner was receiving, or entitled to receive, a
pension under section 15BF, 15BG or 15BH immediately
before his or her death.
[2] Section 15BO (2) and (4)
Insert "or enters into a de facto relationship" after "marries" wherever
occurring.
[3] Section 15BO (2)
Insert "or relationship" after "marriage".
[4] Section 15BO (2) and (4)
Omit "widow or widower" wherever occurring.
Insert instead "widow, widower or de facto partner".
[5] Section 15BO (3)
Insert "or entering into a de facto relationship" after "marrying".
[6] Section 15BO (4)
Insert "or in a de facto relationship" after "married" wherever occurring.
[7] Section 15BO (4) (b)
Insert "or relationship" after "marriage".
Page 12
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Local Government and Other Authorities (Superannuation) Schedule 3
Act 1927 No 35
[8] Section 15BO (5)
Omit the subsection. Insert instead:
(5) In this section:
de facto partner of a deceased pensioner means, if the
deceased pensioner was, at the time of his or her death, in a de
facto relationship within the meaning of the Property
(Relationships) Act 1984 with a person, that person.
eligible widow, widower or de facto partner of a deceased
pensioner means a widow, widower or de facto partner of the
deceased pensioner who has or had in his or her marriage or
relationship with the deceased pensioner a child, being:
(a) a child of the widow, widower or de facto partner and
the deceased pensioner who was, in the opinion of the
board, wholly or substantially dependent on the
deceased pensioner at any time during the marriage or
relationship, or
(b) a child of the deceased pensioner who was conceived
before and born alive after the death of the pensioner.
[9] Section 15BOB Spouses' pensions generally
Omit "late husband or wife" in section 15BOB (4).
Insert instead "deceased pensioner".
[10] Schedule H Savings and transitional provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 13
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 4 Amendment of New South Wales Retirement Benefits Act 1972 No 70
Schedule 4 Amendment of New South Wales
Retirement Benefits Act 1972 No 70
(Section 3)
[1] Section 27A Pension to be paid to eligible surviving spouse or de
facto partner
Omit section 27A (1). Insert instead:
(1) Despite any other provision of this Act, a pension is payable,
on the death of a former contributor who elected to take a
pension referred to in section 26 (7) (c) or 27 (2) (c), to an
eligible surviving spouse or de facto partner who became the
spouse or de facto partner of the former contributor after the
time the pension became payable to the former contributor.
[2] Section 27A (2) and (3)
Insert "or de facto partner" after "spouse" wherever occurring.
[3] Section 27A (2)
Insert "or in a de facto relationship" after "married" wherever occurring.
[4] Section 27A (2) (b)
Insert "or relationship" after "marriage".
[5] Section 27A (4)
Omit the subsection. Insert instead:
(4) In this section:
de facto partner of a deceased former contributor
means, if the deceased contributor was, at the time of
his or her death, in a de facto relationship within the
meaning of the Property (Relationships) Act 1984 with
a person, that person.
eligible surviving spouse or de facto partner of a
deceased former contributor means a person who has or
had in his or her marriage or relationship with the
deceased former contributor a child, being:
Page 14
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of New South Wales Retirement Benefits Act 1972 No 70 Schedule 4
(a) a child of the surviving spouse or de facto partner
and the deceased former contributor who was, in
the opinion of the Board, wholly or substantially
dependent on the deceased former contributor at
any time during the marriage or relationship, or
(b) a child of the deceased former contributor who
was conceived before and born alive after the
death of the former contributor.
[6] Section 31B Calculation of adjustment percentage
Omit "this section" from section 31B (2) (a).
Insert instead "subsection (1) (b)".
[7] Section 74
Insert after section 73:
74 Savings and transitional provisions
Schedule 1 has effect.
[8] Schedule 1
Insert before Schedule 2:
Schedule 1 Savings and transitional provisions
(Section 74)
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Superannuation Legislation Amendment (Family Law) Act
2003 (but only to the extent that it amends this Act)
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to the Act concerned or a later
date.
(3) To the extent to which any such provision takes effect from a
date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
Page 15
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 4 Amendment of New South Wales Retirement Benefits Act 1972 No 70
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of its publication.
Page 16
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Parliamentary Contributory Superannuation Act 1971 No 53 Schedule 5
Schedule 5 Amendment of Parliamentary Contributory
Superannuation Act 1971 No 53
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
family law superannuation legislation has the same meaning
as it has in Part 4A.
[2] Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
[3] Section 6 Payments into and out of the Fund
Insert after section 6 (2):
(3) There is to be paid from the Fund fees payable to the trustees
arising under the family law superannuation legislation or
Part 4A, including administration costs arising under the
family law superannuation legislation or Part 4A.
[4] Part 4A
Insert after Part 4:
Part 4A Provisions relating to family law
superannuation legislation
29A Definitions
In this Part:
complying superannuation fund means:
(a) a regulated superannuation fund under the
Superannuation Industry (Supervision) Act 1993 of the
Commonwealth, or
(b) the First State Superannuation Fund.
family law superannuation entitlement has the same
meaning as it has in section 29C (2) (a).
Page 17
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 5 Amendment of Parliamentary Contributory Superannuation Act 1971 No 53
family law superannuation legislation means Part VIIIB of
the Family Law Act 1975 of the Commonwealth and the
Family Law (Superannuation) Regulations 2001 of the
Commonwealth.
family law superannuation payment means an amount
payable under this Part to or in respect of a non-member
spouse.
First State Superannuation Fund means the First State
Superannuation Fund established under the First State
Superannuation Act 1992.
flag lifting agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
FTC means the FSS Trustee Corporation established under
the Superannuation Administration Act 1996.
member spouse, in relation to a superannuation interest under
this Act, means the spouse who has the superannuation
interest.
non-member spouse, in relation to a superannuation interest
under this Act, means the spouse who is not the member
spouse in relation to that interest.
payment split has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
RSA means a retirement savings account within the meaning
of the Retirement Savings Accounts Act 1997 of the
Commonwealth.
splitting order has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
spouse of a person means a person who is or was married to
that person.
superannuation agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
superannuation interest means an interest that a member or
former member or other person has as a member or
beneficiary of the superannuation scheme under this Act.
Page 18
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Parliamentary Contributory Superannuation Act 1971 No 53 Schedule 5
29B Payment of benefits where superannuation interests affected
by flagging order or payment split
Nothing in this Act:
(a) requires the trustees to pay a benefit or to make any
other payment under this Act, to the extent that any
such payment would contravene provisions of the
family law superannuation legislation or any order or
agreement made under that legislation, or
(b) prevents the trustees from paying or reducing a benefit
or making any other payment, to the extent that the
payment or reduction is required to be made, or results
from a requirement, under the family law
superannuation legislation or any order or agreement
made under that legislation.
29C Payment splits
(1) The object of this section is to facilitate arrangements for
payment splits under the family law superannuation
legislation and to provide for family law superannuation
payments to or in respect of non-member spouses for the
purposes of satisfying the requirements of Division 2.2 of Part
2 of the Family Law (Superannuation) Regulations 2001 of
the Commonwealth.
Note. The effect of satisfying those requirements is that payments to the
member spouse of a benefit under this Act will no longer be liable to be
split for the purposes of the family law superannuation legislation.
(2) A non-member spouse has a family law superannuation
entitlement to which this section applies if:
(a) the non-member spouse has an entitlement, that is
operative, to be paid an amount under a superannuation
agreement, flag lifting agreement or splitting order in
respect of the superannuation interest of a member
spouse (a family law superannuation entitlement), and
(b) the member spouse is, or was the spouse of, a person
who has or had a period of service of not less than the
period that entitles a member, who is otherwise eligible
under this Act, to a pension, and
(c) the family law superannuation entitlement has not been
paid to the non-member spouse by the member spouse,
or waived by the non-member spouse, in accordance
with the family law superannuation legislation.
Page 19
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 5 Amendment of Parliamentary Contributory Superannuation Act 1971 No 53
(3) On written notice by a member spouse or a non-member
spouse, or by any other person or court, of a family law
superannuation entitlement of a non-member spouse to which
this section applies, the trustees must take one of the
following actions:
(a) pay or release to the non-member spouse an amount of
the value of the family law superannuation entitlement
(less any costs chargeable by the trustees),
(b) transfer or rollover to a complying superannuation fund
or an RSA nominated by the non-member spouse an
amount, of the value of the family law superannuation
entitlement (less any costs chargeable by the trustees),
to be held for the benefit of the non-member spouse.
(4) The trustees may take the action set out in subsection (3) (a)
only if the member spouse is in receipt of a pension under this
Act or the non-member spouse has satisfied a condition for
payment or release of a benefit of a kind that would entitle a
member to payment of a benefit if the Fund were a complying
superannuation fund.
(5) The trustees must transfer a family law superannuation
payment to FTC for crediting to the First State
Superannuation Fund if:
(a) the payment is not payable under subsection (3) (a), and
(b) a non-member spouse fails, within the period
prescribed by the regulations, to make a nomination for
the purposes of subsection (3) (b) or a nominated fund
or RSA does not accept the nomination.
(6) For the purposes of this section, the value of a family law
superannuation entitlement or family law superannuation
payment of a non-member spouse is to be determined by the
trustees in accordance with any applicable provisions of the
regulations and the family law superannuation legislation.
(7) The trustees must not pay a family law superannuation
payment to or in respect of a non-member spouse under this
section if the value of the payment that is or would be payable
to or in respect of the non-member spouse at that time (taking
into account any prior liability to pay a family law
superannuation payment) is greater than the value of the
member spouse's superannuation interest (as calculated in
accordance with the regulations) at that time.
Page 20
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Parliamentary Contributory Superannuation Act 1971 No 53 Schedule 5
(8) This section does not apply to or in respect of a pension while
payment of the pension is suspended under this Act.
29D Reduction of benefits of member spouses
(1) The trustees may reduce the amount of any benefit payable
under this Act to or in respect of a member spouse (or a spouse
or de facto partner of a member spouse) if a family law
superannuation entitlement is paid or payable to or in respect
of the non-member spouse under the family law
superannuation legislation or this Part or the regulations.
(2) A preserved or deferred benefit may be reduced under this
section.
(3) A pension may be reduced under this section even though
payment of the pension first commenced before the payment
of the amount to or in respect of the non-member spouse.
(4) The benefit is to be reduced in accordance with the
regulations and any applicable provisions of the family law
superannuation legislation.
29E Regulations
Regulations may be made for or with respect to the following
matters:
(a) elections by non-member spouses for payment of
family law superannuation entitlements,
(b) the persons or bodies to whom a family law
superannuation payment may be paid,
(c) the composition of payments made for the purposes of
the family law superannuation legislation or this Part,
having regard to the composition of the member
spouse's superannuation interest under this Act before
the payment is paid,
(d) the payment of fees for or with respect to family law
superannuation payments,
(e) notice of family law superannuation entitlements and
payment splits,
(f) the periods for payment of family law superannuation
payments,
Page 21
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 5 Amendment of Parliamentary Contributory Superannuation Act 1971 No 53
(g) the calculation of payments and entitlements for the
purposes of the family law superannuation legislation
or this Part,
(h) the calculation of the value of superannuation interests
of member spouses for purposes relating to the family
law superannuation legislation or this Part,
(i) the accrued benefit multiple for member spouses, or a
class of member spouses, for the purposes of the family
law superannuation legislation,
(j) the reduction of benefits (including deferred or
preserved benefits) payable to or in respect of member
spouses, or spouses or de facto partners of member
spouses, as a consequence of payments under the
family law superannuation legislation or this Part,
(k) without limiting paragraph (j), the commutation of
pensions or parts of pensions for the purposes of the
reduction of benefits as a consequence of payments
under the family law superannuation legislation or this
Part.
[5] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 22
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Police Association Employees (Superannuation) Act 1969 Schedule 6
No 33
Schedule 6 Amendment of Police Association
Employees (Superannuation) Act 1969
No 33
(Section 3)
[1] Section 3A
Insert after section 3:
3A Provisions relating to family law superannuation legislation
(1) Part 4A of the Police Regulation (Superannuation) Act 1906
and any regulations made under that Part apply, with any
necessary modifications, to or in respect of a prescribed
person or any other person receiving a benefit under this Act
in the same way as they apply to or in respect of a contributor
spouse within the meaning of that Part.
(2) For the purposes of this section, the following provisions have
effect:
(a) a reference to a non-contributor spouse in that Part or
those regulations includes a reference to a spouse
(within the meaning of that Part) of a prescribed person
or other person receiving a benefit under this Act,
(b) a reference to a superannuation interest of a contributor
spouse in that Part or those regulations includes a
reference to a superannuation interest of a person
arising under this Act,
(c) a reference to a condition for payment or release of a
benefit in that Part or those regulations includes a
reference to a condition for payment or release of a
benefit that is applicable under this Act,
(d) a reference in that Act to administration costs or fees
arising under that Part in relation to a contributor
spouse includes a reference to costs or fees arising in
relation to a person to whom that Part applies because
of this section.
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 23
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 7 Amendment of Police Regulation (Superannuation) Act 1906 No 28
Schedule 7 Amendment of Police Regulation
(Superannuation) Act 1906 No 28
(Section 3)
[1] Section 1 Name of Act, commencement and definitions
Insert in alphabetical order in section 1 (2):
family law superannuation legislation has the same meaning
as it has in Part 4A.
family law superannuation payment has the same meaning
as it has in Part 4A.
[2] Section 1 (7)
Insert after section 1 (6):
(7) Notes included in this Act do not form part of this Act.
[3] Section 3 Police Superannuation Fund
Insert after section 3 (2) (c):
(c1) any fees paid to STC arising under the family law
superannuation legislation or Part 4A, and
[4] Section 3 (3) (c1)
Insert after section 3 (3) (c):
(c1) any administration costs and other amounts payable by
STC and arising under the family law superannuation
legislation or Part 4A, and
Page 24
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Police Regulation (Superannuation) Act 1906 No 28 Schedule 7
[5] Part 4A
Insert after Part 4:
Part 4A Provisions relating to family law
superannuation legislation
14N Definitions
In this Part:
complying superannuation fund means:
(a) a regulated superannuation fund under the
Superannuation Industry (Supervision) Act 1993 of the
Commonwealth, or
(b) the First State Superannuation Fund.
contributor spouse, in relation to a superannuation interest
under this Act, means the spouse who has the superannuation
interest.
family law superannuation entitlement has the same
meaning as it has in section 14P (2) (a).
family law superannuation legislation means Part VIIIB of
the Family Law Act 1975 of the Commonwealth and the
Family Law (Superannuation) Regulations 2001 of the
Commonwealth.
family law superannuation payment means an amount
payable under this Part to or in respect of a non-contributor
spouse.
flag lifting agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
non-contributor spouse, in relation to a superannuation
interest under this Act, means the spouse who is not the
contributor spouse in relation to that interest.
payment split has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
RSA means a retirement savings account within the meaning
of the Retirement Savings Accounts Act 1997 of the
Commonwealth.
Page 25
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 7 Amendment of Police Regulation (Superannuation) Act 1906 No 28
splitting order has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
spouse of a person means a person who is or was married to
that person.
superannuation agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
superannuation interest means an interest that a contributor,
former contributor or other person has as a contributor to or
beneficiary of the superannuation scheme under this Act.
14O Payment of benefits where superannuation interests affected
by flagging order or payment split
Nothing in this Act:
(a) requires STC to pay a benefit or to make any other
payment under this Act, to the extent that any such
payment would contravene provisions of the family law
superannuation legislation or any order or agreement
made under that legislation, or
(b) prevents STC from paying or reducing a benefit or
making any other payment, to the extent that the
payment or reduction is required to be made, or results
from a requirement, under the family law
superannuation legislation or any order or agreement
made under that legislation.
14P Payment splits
(1) The object of this section is to facilitate arrangements for
payment splits under the family law superannuation
legislation and to provide for family law superannuation
payments to or in respect of non-contributor spouses for the
purposes of satisfying the requirements of Division 2.2 of Part
2 of the Family Law (Superannuation) Regulations 2001 of
the Commonwealth.
Note. The effect of satisfying those requirements is that payments to the
contributor spouse of a benefit under this Act will no longer be liable to
be split for the purposes of the family law superannuation legislation.
Page 26
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Police Regulation (Superannuation) Act 1906 No 28 Schedule 7
(2) A non-contributor spouse has a family law superannuation
entitlement to which this section applies if:
(a) the non-contributor spouse has an entitlement, that is
operative, to be paid an amount under a superannuation
agreement, flag lifting agreement or splitting order in
respect of the superannuation interest of a contributor
spouse (a family law superannuation entitlement), and
(b) the family law superannuation entitlement has not been
paid to the non-contributor spouse by the contributor
spouse, or waived by the non-contributor spouse, in
accordance with the family law superannuation
legislation.
(3) On written notice by a contributor spouse or a non-contributor
spouse, or by any other person or court, of a family law
superannuation entitlement of a non-contributor spouse to
which this section applies, STC must take one of the
following actions:
(a) pay or release to the non-contributor spouse an amount
of the value of the family law superannuation
entitlement (less any costs chargeable by STC),
(b) transfer or rollover to a complying superannuation fund
or an RSA nominated by the non-contributor spouse an
amount, of the value of the family law superannuation
entitlement (less any costs chargeable by STC), to be
held for the benefit of the non-contributor spouse.
(4) STC may take the action set out in subsection (3) (a) only if
the contributor spouse is in receipt of a pension under this Act
or the non-contributor spouse has satisfied a condition for
payment or release of a benefit of a kind that would entitle a
contributor to payment of a benefit if the Fund were a
complying superannuation fund.
(5) STC must transfer a family law superannuation payment to
FTC for crediting to the First State Superannuation Fund if:
(a) the payment is not payable under subsection (3) (a), and
(b) a non-contributor spouse fails, within the period
prescribed by the regulations, to make a nomination for
the purposes of subsection (3) (b) or a nominated fund
or RSA does not accept the nomination.
Page 27
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 7 Amendment of Police Regulation (Superannuation) Act 1906 No 28
(6) For the purposes of this section, the value of a family law
superannuation entitlement or family law superannuation
payment of a non-contributor spouse is to be determined by
STC in accordance with any applicable provisions of the
regulations and the family law superannuation legislation.
(7) STC must not pay a family law superannuation payment to or
in respect of a non-contributor spouse under this section if the
value of the payment that is or would be payable to or in
respect of the non-contributor spouse at that time (taking into
account any prior liability to pay a family law superannuation
payment) is greater than the value of the contributor spouse's
superannuation interest (as calculated in accordance with the
regulations) at that time.
14Q Reduction of benefits of contributor spouses
(1) STC may reduce the amount of any benefit payable under this
Act to or in respect of a contributor spouse (or a spouse or de
facto partner of a contributor spouse) if a family law
superannuation entitlement is paid or payable to or in respect
of the non-contributor spouse under the family law
superannuation legislation or this Part or the regulations.
(2) A preserved or deferred benefit may be reduced under this
section.
(3) A pension may be reduced under this section even though
payment of the pension first commenced before the payment
of the amount to or in respect of the non-contributor spouse.
(4) The benefit is to be reduced in accordance with the
regulations and any applicable provisions of the family law
superannuation legislation.
14R Regulations
Regulations may be made for or with respect to the following
matters:
(a) elections by non-contributor spouses for payment of
family law superannuation entitlements,
(b) the persons or bodies to whom a family law
superannuation payment may be paid,
Page 28
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Police Regulation (Superannuation) Act 1906 No 28 Schedule 7
(c) the composition of payments made for the purposes of
the family law superannuation legislation or this Part,
having regard to the composition of the contributor
spouse's superannuation interest under this Act before
the payment is paid,
(d) the payment of fees for or with respect to family law
superannuation payments,
(e) notice of family law superannuation entitlements and
payment splits,
(f) the periods for payment of family law superannuation
payments,
(g) the calculation of payments and entitlements for the
purposes of the family law superannuation legislation
or this Part,
(h) the calculation of the value of superannuation interests
of contributor spouses for the purposes of the family
law superannuation legislation or this Part,
(i) the accrued benefit multiple for contributor spouses, or
a class of contributor spouses, for the purposes of the
family law superannuation legislation,
(j) the reduction of benefits (including deferred or
preserved benefits) payable to or in respect of
contributor spouses, or spouses or de facto partners of
contributor spouses, as a consequence of payments
under the family law superannuation legislation or this
Part,
(k) without limiting paragraph (j), the commutation of
pensions or parts of pensions for the purposes of the
reduction of benefits as a consequence of payments
under the family law superannuation legislation or this
Part.
[6] Section 18 Benefit payable not to include fraction of a cent
Insert "or family law superannuation payment" after "benefit".
[7] Section 18A Payment to person other than beneficiary
Insert "or family law superannuation payment" after "gratuity" wherever
occurring.
Page 29
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 7 Amendment of Police Regulation (Superannuation) Act 1906 No 28
[8] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 30
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Public Authorities Superannuation Act 1985 No 41 Schedule 8
Schedule 8 Amendment of Public Authorities
Superannuation Act 1985 No 41
(Section 3)
[1] Schedule 5 Repeal, savings and transitional provisions
Omit "or the Public Authorities Superannuation (Amendment) Act 1985."
from clause 11 (1).
Insert instead:
and the following Acts:
Public Authorities Superannuation (Amendment) Act 1985
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
[2] Schedule 6 Transitional provisions--Local Government Pension
Fund
Insert in alphabetical order in clause 1 (1):
de facto partner of a deceased pensioner means, if the
deceased pensioner was, at the time of his or her death, in a de
facto relationship within the meaning of the Property
(Relationships) Act 1984 with a person, that person.
[3] Schedule 6, clause 8 Choice of benefit--transferred contributor
Insert after clause 8 (3):
(4) If a pensioner elected to take the benefit provided by
subclauses (2) and (3), the benefit is taken to extend to the de
facto partner of a deceased pensioner who dies on or after the
commencement of this subclause.
[4] Schedule 6, clause 11 Pensions in respect of children and
orphans
Insert "or de facto partner" after "spouse" where firstly and secondly
occurring in the definition of notional pension in clause 11 (1).
[5] Schedule 6, clause 13 Restriction on automatic adjustment of
pension
Insert "or de facto partner" after "spouse" in clause 13 (4).
Page 31
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 8 Amendment of Public Authorities Superannuation Act 1985 No 41
[6] Schedule 7 Transitional provisions--New South Wales
Retirement Fund
Insert in alphabetical order in clause 1 (1):
de facto partner of a deceased pensioner means, if the
deceased pensioner was, at the time of his or her death, in a de
facto relationship within the meaning of the Property
(Relationships) Act 1984 with a person, that person.
[7] Schedule 7, clause 8 Choice of benefit--transferred contributor
Insert after clause 8 (4):
(5) If a pensioner elected to take the benefit provided by
subclause (3), the benefit is taken to extend to the de facto
partner of a deceased pensioner who dies on or after the
commencement of this subclause.
Page 32
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Public Authorities Superannuation (Transport Retirement Schedule 9
Fund Closure) (Savings and Transitional) Regulation 1986
Schedule 9 Amendment of Public Authorities
Superannuation (Transport Retirement
Fund Closure) (Savings and Transitional)
Regulation 1986
(Section 3)
Clause 11 Choice of benefit--transferred contributor
Insert after clause 11 (4):
(5) If a pensioner elected to take the benefit provided by
subclause (3), the benefit is taken to extend to the de facto
partner of a deceased pensioner who dies on or after the
commencement of this subclause.
(6) In this clause:
de facto partner of a deceased pensioner means, if the
deceased pensioner was, at the time of his or her death, in a de
facto relationship within the meaning of the Property
(Relationships) Act 1984 with a person, that person.
Page 33
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 10 Amendment of State Authorities Non-contributory Superannuation Act 1987
No 212
Schedule 10 Amendment of State Authorities Non-
contributory Superannuation Act 1987
No 212
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
family law superannuation legislation has the same meaning
as it has in Part 4D.
family law superannuation payment has the same meaning
as it has in Part 4D.
FTC means the FSS Trustee Corporation established under
the Superannuation Administration Act 1996.
non-employee spouse has the same meaning as it has in
Part 4D.
[2] Section 3 (4)
Insert after section 3 (3):
(4) Notes included in this Act do not form part of this Act.
[3] Section 9 Funds etc
Insert after section 9 (2) (c):
, and
(d) any fees paid to STC arising under the family law
superannuation legislation or Part 4D.
[4] Section 9 (3) (a)
Insert ", including administration costs arising under the family law
superannuation legislation or Part 4D" after "STC" where secondly
occurring.
[5] Section 9 (3) (c1)
Insert after section 9 (3) (c):
(c1) other amounts payable by STC and arising under the
family law superannuation legislation or Part 4D, and
Page 34
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Non-contributory Superannuation Act 1987 Schedule 10
No 212
[6] Section 10 Reserves for employers
Insert after section 10 (4) (b):
, and
(c) the whole or part (as determined by STC) of an amount
arising under the family law superannuation legislation
or Part 4D that is paid to, or in respect of, a spouse or
former spouse of an employee or former employee
who, immediately before the payment, was an
employee or former employee of the employer or an
employer to whom the reserve relates.
[7] Part 4D
Insert after Part 4C:
Part 4D Provisions relating to family law
superannuation legislation
27AH Definitions
In this Part:
complying superannuation fund means:
(a) a regulated superannuation fund under the
Superannuation Industry (Supervision) Act 1993 of the
Commonwealth, or
(b) the First State Superannuation Fund.
employee spouse, in relation to a superannuation interest
under this Act, means the spouse who has the superannuation
interest.
family law superannuation entitlement has the same
meaning as it has in section 27AJ (2) (a).
family law superannuation legislation means Part VIIIB of
the Family Law Act 1975 of the Commonwealth and the
Family Law (Superannuation) Regulations 2001 of the
Commonwealth.
family law superannuation payment means an amount
payable under this Part to or in respect of a non-employee
spouse.
Page 35
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 10 Amendment of State Authorities Non-contributory Superannuation Act 1987
No 212
flag lifting agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
non-employee spouse, in relation to a superannuation interest
under this Act, means the spouse who is not the employee
spouse in relation to that interest.
payment split has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
RSA means a retirement savings account within the meaning
of the Retirement Savings Accounts Act 1997 of the
Commonwealth.
splitting order has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
spouse of a person means a person who is or was married to
that person.
superannuation agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
superannuation interest means an interest that an employee
or former employee has as a member or beneficiary of the
superannuation scheme under this Act.
27AI Payment of benefits where superannuation interests affected
by flagging order or payment split
Nothing in this Act:
(a) requires STC to pay a benefit or to make any other
payment under this Act, to the extent that any such
payment would contravene provisions of the family law
superannuation legislation or any order or agreement
made under that legislation, or
(b) prevents STC from paying or reducing a benefit or
making any other payment, to the extent that the
payment or reduction is required to be made, or results
from a requirement, under the family law
superannuation legislation or any order or agreement
made under that legislation.
Page 36
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Non-contributory Superannuation Act 1987 Schedule 10
No 212
27AJ Payment splits
(1) The object of this section is to facilitate arrangements for
payment splits under the family law superannuation
legislation and to provide for family law superannuation
payments to or in respect of non-employee spouses for the
purposes of satisfying the requirements of Division 2.2 of Part
2 of the Family Law (Superannuation) Regulations 2001 of
the Commonwealth.
Note. The effect of satisfying those requirements is that payments to the
employee spouse of a benefit under this Act will no longer be liable to be
split for the purposes of the family law superannuation legislation.
(2) A non-employee spouse has a family law superannuation
entitlement to which this section applies if:
(a) the non-employee spouse has an entitlement, that is
operative, to be paid an amount under a superannuation
agreement, flag lifting agreement or splitting order in
respect of the superannuation interest of an employee
spouse (a family law superannuation entitlement), and
(b) the family law superannuation entitlement has not been
paid to the non-employee spouse by the employee
spouse, or waived by the non-employee spouse, in
accordance with the family law superannuation
legislation.
(3) On written notice by an employee spouse or a non-employee
spouse, or by any other person or court, of a family law
superannuation entitlement of a non-employee spouse to
which this section applies, STC must take one of the
following actions:
(a) pay or release to the non-employee spouse an amount of
the value of the family law superannuation entitlement
(less any costs chargeable by STC),
(b) transfer or rollover to a complying superannuation fund
or an RSA nominated by the non-employee spouse an
amount, of the value of the family law superannuation
entitlement (less any costs chargeable by STC), to be
held for the benefit of the non-employee spouse.
Page 37
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 10 Amendment of State Authorities Non-contributory Superannuation Act 1987
No 212
(4) STC may take the action set out in subsection (3) (a) only if
the non-employee spouse has satisfied a condition for
payment or release of a benefit of a kind that would entitle an
employee to payment of a benefit under this Act if the Fund
were a complying superannuation fund.
(5) STC must transfer a family law superannuation payment to
FTC for crediting to the First State Superannuation Fund if:
(a) the payment is not payable under subsection (3) (a), and
(b) a non-employee spouse fails, within the period
prescribed by the regulations, to make a nomination for
the purposes of subsection (3) (b) or a nominated fund
or RSA does not accept the nomination.
(6) For the purposes of this section, the value of a family law
superannuation entitlement or a family law superannuation
payment of a non-employee spouse is to be determined by
STC in accordance with any applicable provisions of the
regulations and the family law superannuation legislation.
(7) STC must not pay a family law superannuation payment to or
in respect of a non-employee spouse under this section if the
value of the payment that is or would be payable to or in
respect of the non-employee spouse at that time (taking into
account any prior liability to pay a family law superannuation
payment) is greater than the value of the employee spouse's
superannuation interest (as calculated in accordance with the
regulations) at that time.
27AK Reduction of benefits of employee spouses
(1) STC may reduce the amount of any benefit payable under this
Act to or in respect of an employee spouse (or a spouse or de
facto partner of an employee spouse) if a family law
superannuation entitlement is paid or payable to or in respect
of the non-employee spouse under the family law
superannuation legislation or this Part or the regulations.
(2) A preserved or deferred benefit may be reduced under this
section.
(3) The benefit is to be reduced in accordance with the
regulations and any applicable provisions of the family law
superannuation legislation.
Page 38
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Non-contributory Superannuation Act 1987 Schedule 10
No 212
27AL Regulations
Regulations may be made for or with respect to the following
matters:
(a) elections by non-employee spouses for payment of
family law superannuation entitlements,
(b) the persons or bodies to whom family law
superannuation payments may be paid,
(c) the composition of payments made for the purposes of
the family law superannuation legislation or this Part,
having regard to the composition of the employee
spouse's superannuation interest under this Act before
the payment is paid,
(d) the payment of fees for or with respect to family law
superannuation payments,
(e) notice of family law superannuation entitlements and
payment splits,
(f) the periods for payment of family law superannuation
payments,
(g) the calculation of payments and entitlements for the
purposes of the family law superannuation legislation
or this Part,
(h) the calculation of the value of superannuation interests
of employee spouses for the purposes of the family law
superannuation legislation or this Part,
(i) the accrued benefit multiple for employee spouses, or a
class of employee spouses, for the purposes of the
family law superannuation legislation,
(j) the reduction of benefits (including deferred or
preserved benefits) payable to or in respect of employee
spouses, or spouses or de facto partners of employee
spouses, as a consequence of payments under the
family law superannuation legislation or this Part.
[8] Section 31 Payment without grant of probate etc
Insert "or a non-employee spouse" after "former employee" wherever
occurring in section 31 (1) and (3).
Page 39
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 10 Amendment of State Authorities Non-contributory Superannuation Act 1987
No 212
[9] Section 31
Insert "or family law superannuation payment" after "benefit" wherever
occurring.
[10] Schedule 5 Savings and transitional provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 40
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Superannuation Act 1987 No 211 Schedule 11
Schedule 11 Amendment of State Authorities
Superannuation Act 1987 No 211
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
family law superannuation legislation has the same meaning
as it has in Part 5AA.
family law superannuation payment has the same meaning
as it has in Part 5AA.
FTC means the FSS Trustee Corporation established under
the Superannuation Administration Act 1996.
non-contributor spouse has the same meaning as it has in
Part 5AA.
[2] Section 3 (5)
Insert after section 3 (4):
(5) Notes included in this Act do not form part of this Act.
[3] Section 11 Establishment of the Fund
Insert after section 11 (3) (c):
(c1) any fees paid to STC arising under the family law
superannuation legislation or Part 5AA, and
[4] Section 11 (4) (a)
Insert "and administration costs arising under the family law
superannuation legislation or Part 5AA" after "1996".
[5] Section 11 (4) (c1)
Insert after section 11 (4) (c):
(c1) other amounts payable by STC and arising under the
family law superannuation legislation or Part 5AA, and
Page 41
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 11 Amendment of State Authorities Superannuation Act 1987 No 211
[6] Section 12 Contributors' accounts
Insert after section 12 (3) (c):
, and
(d) the whole or part (as determined by STC) of an amount
that is payable by STC and arises under the family law
superannuation legislation or Part 5AA and that is
payable to, or in respect of, a spouse or former spouse
of the contributor or a person whose superannuation
interest (within the meaning of Part 5AA) is derived
from the contributor.
[7] Section 14 Reserves for employers
Insert "or under the family law superannuation legislation or Part 5AA"
after "1996" in section 14 (4) (b).
[8] Section 14 (4) (c)
Insert after section 14 (4) (b):
, and
(c) the whole or part (as determined by STC) of an amount
that is payable by STC and that arises under the family
law superannuation legislation or Part 5AA and that is
payable to, or in respect of:
(i) a spouse or former spouse of an employee or
former employee who, immediately before the
payment, was an employee or former employee
of the employer or an employer to whom the
reserve relates, or
(ii) a person whose superannuation interest (within
the meaning of Part 5AA) is derived from any
such employee or former employee.
Page 42
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Superannuation Act 1987 No 211 Schedule 11
[9] Part 5AA
Insert after Part 5:
Part 5AA Provisions relating to family law
superannuation legislation
45F Definitions
In this Part:
complying superannuation fund means:
(a) a regulated superannuation fund under the
Superannuation Industry (Supervision) Act 1993 of the
Commonwealth, or
(b) the First State Superannuation Fund.
contributor spouse, in relation to a superannuation interest
under this Act, means the spouse who has the superannuation
interest.
family law superannuation entitlement has the same
meaning as it has in section 45I (2) (a).
family law superannuation legislation means Part VIIIB of
the Family Law Act 1975 of the Commonwealth and the
Family Law (Superannuation) Regulations 2001 of the
Commonwealth.
family law superannuation payment means an amount
payable under this Part to or in respect of a non-contributor
spouse.
flag lifting agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
non-contributor spouse, in relation to a superannuation
interest under this Act, means the spouse who is not the
contributor spouse in relation to that interest.
payment split has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
RSA means a retirement savings account within the meaning
of the Retirement Savings Accounts Act 1997 of the
Commonwealth.
Page 43
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 11 Amendment of State Authorities Superannuation Act 1987 No 211
splitting order has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
spouse of a person means a person who is or was married to
that person.
superannuation agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
superannuation interest means an interest that a contributor,
former contributor or other person has as a contributor to or
beneficiary of the superannuation scheme under this Act.
45G Application of Part to contributors to, and pensions under,
former schemes
(1) In addition to contributors and former contributors under this
Act, this Part applies to the following persons in the same way
as it applies to contributors and former contributors under this
Act:
(a) a transferred contributor or transferred pensioner within
the meaning of the State Authorities Superannuation
(Government Railways Superannuation Scheme
Transfer) (Savings and Transitional) Regulation 1990,
a former transferred contributor under that Regulation
and any other person being paid a pension under that
Regulation,
(b) a transferred contributor within the meaning of Part 1 of
the State Authorities Superannuation (Transitional
Provisions) Regulation 1988, a former transferred
contributor under that Regulation and any other person
being paid a pension under that Regulation,
(c) a person being paid a pension under the Local
Government and Other Authorities (Superannuation)
Act 1927, the New South Wales Retirement Benefits
Act 1972, the Public Authorities Superannuation
Act 1985, the Public Authorities Superannuation
(Transport Retirement Fund Closure) (Savings and
Transitional) Regulation 1986, the State Authorities
Superannuation (Ex-Snowy Mountains Hydro-Electric
Authority Superannuation Fund Transfer) Regulation
2003 or the Transport Employees Retirement Benefits
Act 1967.
Page 44
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Superannuation Act 1987 No 211 Schedule 11
(2) A reference in this Part to a superannuation interest under this
Act includes, in relation to a person referred to in subsection
(1) (a), (b) or (c), a reference to a superannuation interest
under an Act or regulation applicable to the person concerned.
(3) A reference in this Part to a condition for payment or release
of a benefit includes, in relation to a person referred to in
subsection (1) (a), (b) or (c), a reference to a condition for
payment or release of a benefit under a provision of an Act or
regulation applicable to the person concerned.
(4) A reference in this Part to a benefit includes a reference to a
benefit under an Act or regulation referred to in subsection (1)
(a), (b) or (c).
45H Payment of benefits where superannuation interests affected
by flagging order or payment split
Nothing in this or any other Act or regulation:
(a) requires STC to pay a benefit or to make any other
payment under this or any other Act or regulation, to the
extent that any such payment would contravene
provisions of the family law superannuation legislation
or any order or agreement made under that legislation,
or
(b) prevents STC from paying or reducing a benefit or
making any other payment, to the extent that the
payment or reduction is required to be made, or results
from a requirement, under the family law
superannuation legislation or any order or agreement
made under that legislation.
45I Payment splits
(1) The object of this section is to facilitate arrangements for
payment splits under the family law superannuation
legislation and to provide for family law superannuation
payments to or in respect of non-contributor spouses for the
purposes of satisfying the requirements of Division 2.2 of Part
2 of the Family Law (Superannuation) Regulations 2001 of
the Commonwealth.
Note. The effect of satisfying those requirements is that payments to the
contributor spouse of a benefit under this Act will no longer be liable to
be split for the purposes of the family law superannuation legislation.
Page 45
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 11 Amendment of State Authorities Superannuation Act 1987 No 211
(2) A non-contributor spouse has a family law superannuation
entitlement to which this section applies if:
(a) the non-contributor spouse has an entitlement, that is
operative, to be paid an amount under a superannuation
agreement, flag lifting agreement or splitting order in
respect of the superannuation interest of a contributor
spouse (a family law superannuation entitlement), and
(b) the family law superannuation entitlement has not been
paid to the non-contributor spouse by the contributor
spouse, or waived by the non-contributor spouse, in
accordance with the family law superannuation
legislation.
(3) On written notice by a contributor spouse or a non-contributor
spouse, or by any other person or court, of a family law
superannuation entitlement of a non-contributor spouse to
which this section applies, STC must take one of the
following actions:
(a) pay or release to the non-contributor spouse an amount
of the value of the family law superannuation
entitlement (less any costs chargeable by STC),
(b) transfer or rollover to a complying superannuation fund
or an RSA nominated by the non-contributor spouse an
amount, of the value of the family law superannuation
entitlement (less any costs chargeable by STC), to be
held for the benefit of the non-contributor spouse.
(4) STC may take the action set out in subsection (3) (a) only if
the contributor spouse is in receipt of a pension or the non-
contributor spouse has satisfied a condition for payment or
release of a benefit of a kind that would entitle a contributor
to payment of a benefit if the Fund were a complying
superannuation fund.
(5) STC must transfer a family law superannuation payment to
FTC for crediting to the First State Superannuation Fund if:
(a) the payment is not payable under subsection (3) (a), and
(b) a non-contributor spouse fails, within the period
prescribed by the regulations, to make a nomination for
the purposes of subsection (3) (b) or a nominated fund
or RSA does not accept the nomination.
Page 46
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Superannuation Act 1987 No 211 Schedule 11
(6) For the purposes of this section, the value of a family law
superannuation entitlement or family law superannuation
payment of a non-contributor spouse is to be determined by
STC in accordance with any applicable provisions of the
regulations and the family law superannuation legislation.
(7) STC must not pay a family law superannuation payment to or
in respect of a non-contributor spouse under this section if the
value of the payment that is or would be payable to or in
respect of the non-contributor spouse at that time (taking into
account any prior liability to pay a family law superannuation
payment) is greater than the value of the contributor spouse's
superannuation interest (as calculated in accordance with the
regulations) at that time.
45J Reduction of benefits of contributor spouses
(1) STC may reduce the amount of any benefit payable under this
Act to or in respect of a contributor spouse (or a spouse or de
facto partner of a contributor spouse) if a family law
superannuation entitlement is paid or payable to or in respect
of the non-contributor spouse under the family law
superannuation legislation or this Part or the regulations.
(2) A preserved or deferred benefit may be reduced under this
section.
(3) A pension may be reduced under this section even though
payment of the pension first commenced before the payment
of the amount to or in respect of the non-contributor spouse.
(4) The benefit is to be reduced in accordance with the
regulations and any applicable provisions of the family law
superannuation legislation.
45K Regulations
Regulations may be made for or with respect to the following
matters:
(a) elections by non-contributor spouses for payment of
family law superannuation entitlements,
(b) the persons or bodies to whom a family law
superannuation payment may be paid,
Page 47
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 11 Amendment of State Authorities Superannuation Act 1987 No 211
(c) the composition of payments made for the purposes of
the family law superannuation legislation or this Part,
having regard to the composition of the contributor
spouse's superannuation interest under this Act before
the payment is paid,
(d) the payment of fees for or with respect to family law
superannuation payments,
(e) notice of family law superannuation entitlements and
payment splits,
(f) the periods for payment of family law superannuation
payments,
(g) the calculation of payments and entitlements for the
purposes of the family law superannuation legislation
or this Part,
(h) the calculation of the value of superannuation interests
of contributor spouses for the purposes relating to the
family law superannuation legislation or this Part,
(i) the accrued benefit multiple for contributor spouses, or
a class of contributor spouses, for the purposes of the
family law superannuation legislation,
(j) the reduction of benefits (including deferred or
preserved benefits) payable to or in respect of
contributor spouses, or spouses or de facto partners of
contributor spouses, as a consequence of payments
under the family law superannuation legislation or this
Part,
(k) without limiting paragraph (j), the commutation of
pensions or parts of pensions for the purposes of the
reduction of benefits as a consequence of payments
under the family law superannuation legislation or this
Part.
[10] Section 51 Payment without grant of probate etc
Insert "or family law superannuation payment" after "benefit" wherever
occurring.
[11] Section 51 (3)
Insert "or a non-contributor spouse" after "former contributor".
Page 48
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of State Authorities Superannuation Act 1987 No 211 Schedule 11
[12] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 49
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 12 Amendment of Superannuation Act 1916 No 28
Schedule 12 Amendment of Superannuation Act 1916
No 28
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
Family law superannuation legislation has the same
meaning as it has in Part 4A.
Non-contributor spouse has the same meaning as it has in
Part 4A.
[2] Section 3 (14)
Insert after section 3 (13):
(14) Notes included in this Act do not form part of this Act.
[3] Section 4 Reconstitution of the Fund
Insert after section 4 (3) (c):
(c1) fees paid to STC arising under the family law
superannuation legislation or Part 4A, and
[4] Section 4 (4) (a)
Insert ", including administration costs arising under the family law
superannuation legislation or Part 4A" after "Fund".
[5] Section 4 (4) (c1)
Insert after section 4 (4) (c):
(c1) amounts payable by STC and arising under the family
law superannuation legislation or Part 4A, and
[6] Section 6 Contributors' reserve
Insert after section 6 (2):
(3) STC must ensure that there is debited to the contributors'
reserve that portion of any amount arising under the family
law superannuation legislation or Part 4A that is payable to or
in respect of a non-contributor spouse from the contributors'
reserve in accordance with section 33B (2A).
Page 50
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Superannuation Act 1916 No 28 Schedule 12
[7] Section 7 Employer reserves
Insert after section 7 (1):
(1A) STC must ensure that there is credited to the appropriate
employer reserve any fees paid to STC arising under the
family law superannuation legislation or Part 4A.
[8] Section 7 (2) (b)
Insert "or the family law superannuation legislation or Part 4A" after
"1996".
[9] Section 7 (2) (c1)
Insert after section 7 (2) (c):
(c1) the portion of any amount under the family law
superannuation legislation or Part 4A that is payable to
or in respect of a non-contributor spouse from the
employer reserve in accordance with section 33B (2A),
and
[10] Section 33B STC to apportion benefits and other payments
between the contributors' reserve and the appropriate employer
reserve
Insert after section 33B (2):
(2A) When an amount under the family law superannuation
legislation or Part 4A becomes payable to or in respect of a
non-contributor spouse, STC must, in accordance with the
regulations, determine the portion of the payment that is
payable from the contributors' reserve and the portion that is
payable from the appropriate employer reserve.
Page 51
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 12 Amendment of Superannuation Act 1916 No 28
[11] Part 4A
Insert after Part 4:
Part 4A Provisions relating to family law
superannuation legislation
61W Definitions
In this Part:
complying superannuation fund means:
(a) a regulated superannuation fund under the
Superannuation Industry (Supervision) Act 1993 of the
Commonwealth, or
(b) the First State Superannuation Fund.
contributor spouse, in relation to a superannuation interest
under this Act, means the spouse who has the superannuation
interest.
family law superannuation entitlement has the same
meaning as it has in section 61WB (2) (a).
family law superannuation legislation means Part VIIIB of
the Family Law Act 1975 of the Commonwealth and the
Family Law (Superannuation) Regulations 2001 of the
Commonwealth.
family law superannuation payment means an amount
payable under this Part to or in respect of a non-contributor
spouse.
flag lifting agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
non-contributor spouse, in relation to a superannuation
interest under this Act, means the spouse who is not the
contributor spouse in relation to that interest.
payment split has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
RSA means a retirement savings account within the meaning
of the Retirement Savings Accounts Act 1997 of the
Commonwealth.
Page 52
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Superannuation Act 1916 No 28 Schedule 12
splitting order has the same meaning as it has in Part VIIIB of
the Family Law Act 1975 of the Commonwealth.
spouse of a person means a person who is or was married to
that person.
superannuation agreement has the same meaning as it has in
Part VIIIB of the Family Law Act 1975 of the
Commonwealth.
superannuation interest means an interest that a contributor
or former contributor or other person has as a contributor to or
beneficiary of the superannuation scheme under this Act.
61WA Payment of benefits where superannuation interests affected
by flagging order or payment split
Nothing in this Act:
(a) requires STC to pay a benefit or to make any other
payment under this Act, to the extent that any such
payment would contravene provisions of the family law
superannuation legislation or any order or agreement
made under that legislation, or
(b) prevents STC from paying or reducing a benefit or
making any other payment, to the extent that the
payment or reduction is required to be made, or results
from a requirement, under the family law
superannuation legislation or any order or agreement
made under that legislation.
61WB Payment splits
(1) The object of this section is to facilitate arrangements for
payment splits under the family law superannuation
legislation and to provide for family law superannuation
payments to or in respect of non-contributor spouses for the
purposes of satisfying the requirements of Division 2.2 of Part
2 of the Family Law (Superannuation) Regulations 2001 of
the Commonwealth.
Note. The effect of satisfying those requirements is that payments to the
contributor spouse of a benefit under this Act will no longer be liable to
be split for the purposes of the family law superannuation legislation.
Page 53
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 12 Amendment of Superannuation Act 1916 No 28
(2) A non-contributor spouse has a family law superannuation
entitlement to which this section applies if:
(a) the non-contributor spouse has an entitlement, that is
operative, to be paid an amount under a superannuation
agreement, flag lifting agreement or splitting order in
respect of the superannuation interest of a contributor
spouse (a family law superannuation entitlement), and
(b) the family law superannuation entitlement has not been
paid to the non-contributor spouse by the contributor
spouse, or waived by the non-contributor spouse, in
accordance with the family law superannuation
legislation.
(3) On written notice by a contributor spouse or a non-contributor
spouse, or by any other person or court, of a family law
superannuation entitlement of a non-contributor spouse to
which this section applies, STC must take one of the
following actions:
(a) pay or release to the non-contributor spouse an amount
of the value of the family law superannuation
entitlement (less any costs chargeable by STC),
(b) transfer or rollover to a complying superannuation fund
or an RSA nominated by the non-contributor spouse an
amount, of the value of the family law superannuation
entitlement (less any costs chargeable by STC), to be
held for the benefit of the non-contributor spouse.
(4) STC may take the action set out in subsection (3) (a) only if
the contributor spouse is in receipt of a pension under this Act
or the non-contributor spouse has satisfied a condition for
payment or release of a benefit of a kind that would entitle a
contributor to payment of a benefit if the Fund were a
complying superannuation fund.
(5) STC must transfer a family law superannuation payment to
FTC for crediting to the First State Superannuation Fund if:
(a) the payment is not payable under subsection (3) (a), and
(b) a non-contributor spouse fails, within the period
prescribed by the regulations, to make a nomination for
the purposes of subsection (3) (b) or a nominated fund
or RSA does not accept the nomination.
Page 54
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Superannuation Act 1916 No 28 Schedule 12
(6) For the purposes of this section, the value of a family law
superannuation entitlement or family law superannuation
payment of a non-contributor spouse is to be determined by
STC in accordance with any applicable provisions of the
regulations and the family law superannuation legislation.
(7) STC must not pay a family law superannuation payment to or
in respect of a non-contributor spouse under this section if the
value of the payment that is or would be payable to or in
respect of the non-contributor spouse at that time (taking into
account any prior liability to pay a family law superannuation
payment) is greater than the value of the contributor spouse's
superannuation interest (as calculated in accordance with the
regulations) at that time.
61WC Reduction of benefits of contributor spouses
(1) STC may reduce the amount of any benefit payable under this
Act to or in respect of a contributor spouse (or a spouse or de
facto partner of a contributor spouse) if a family law
superannuation entitlement is paid or payable to or in respect
of the non-contributor spouse under the family law
superannuation legislation or this Part or the regulations.
(2) A preserved or deferred benefit may be reduced under this
section.
(3) A pension may be reduced under this section even though
payment of the pension first commenced before the payment
of the amount to or in respect of the non-contributor spouse.
(4) The benefit is to be reduced in accordance with the
regulations and any applicable provisions of the family law
superannuation legislation.
61WD Regulations
Regulations may be made for or with respect to the following
matters:
(a) elections by non-contributor spouses for payment of
family law superannuation entitlements,
(b) the persons or bodies to whom a family law
superannuation payment may be paid,
Page 55
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 12 Amendment of Superannuation Act 1916 No 28
(c) the composition of payments made for the purposes of
the family law superannuation legislation or this Part,
having regard to the composition of the contributor
spouse's superannuation interest under this Act before
the payment is paid,
(d) the payment of fees for or with respect to family law
superannuation payments,
(e) notice of family law superannuation entitlements and
payment splits,
(f) the periods for payment of family law superannuation
payments,
(g) the calculation of payments and entitlements for the
purposes of the family law superannuation legislation
or this Part,
(h) the calculation of the value of superannuation interests
of contributor spouses for purposes relating to the
family law superannuation legislation or this Part,
(i) the accrued benefit multiple for contributor spouses, or
a class of contributor spouses, for the purposes of the
family law superannuation legislation,
(j) the reduction of benefits (including deferred or
preserved benefits) payable to or in respect of
contributor spouses, or spouses or de facto partners of
contributor spouses, as a consequence of payments
under the family law superannuation legislation or this
Part,
(k) without limiting paragraph (j), the commutation of
pensions or parts of pensions for the purposes of the
reduction of benefits as a consequence of payments
under the family law superannuation legislation or this
Part.
[12] Schedule 25 Savings and transitional provisions
Insert at the end of clause 1 (1):
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
Page 56
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Transport Employees Retirement Benefits Act 1967 No 96 Schedule 13
Schedule 13 Amendment of Transport Employees
Retirement Benefits Act 1967 No 96
(Section 3)
[1] Section 23 Benefit at age 65 years after 10 years service
Insert after section 23 (9):
(10) If a contributor elected to take the benefit provided by
subsection (4) (a) (ii), the benefit is taken to extend to the de
facto partner of a deceased pensioner who dies on or after the
commencement of this subsection.
(11) In this section:
de facto partner of a deceased pensioner means, if the
deceased pensioner was, at the time of his or her death, in a de
facto relationship within the meaning of the Property
(Relationships) Act 1984 with a person, that person.
[2] Section 23A
Insert after section 23:
23A Extension of rights to spouse pensions
(1) This section applies to a contributor (the pensioner) who
made an election under section 23 (4) (a) (ii) and who marries
or enters into a de facto relationship after becoming entitled to
a pension under this Act.
(2) If a pensioner dies on or after the commencement of this
section leaving an eligible widow or de facto partner, there is
payable to the eligible widow or de facto partner:
(a) if the deceased pensioner and eligible widow or de facto
partner had been married or been in a de facto
relationship for 3 years or more immediately before the
pensioner's death--a pension at the rate of five-eighths
of the pension the deceased pensioner was receiving, or
entitled to receive, immediately before death, or
(b) if the deceased pensioner and eligible widow or de facto
partner had been married or been in a de facto
relationship for less than 3 years immediately before the
pensioner's death--a pension as referred to in
Page 57
Superannuation Legislation Amendment (Family Law) Bill 2003
Schedule 13 Amendment of Transport Employees Retirement Benefits Act 1967 No 96
paragraph (a), but reduced on a pro rata basis according
to the proportion that the period of the marriage or
relationship bears to 3 years.
(3) In this section:
eligible widow or de facto partner of a deceased pensioner
means a widow or de facto partner who has or had in the
marriage or relationship with the deceased pensioner a child,
being:
(a) a child of the widow or de facto partner and the
deceased pensioner who was, in the opinion of the
Board, wholly or substantially dependent on the
deceased pensioner at any time during the marriage or
relationship, or
(b) a child of the deceased pensioner who was conceived
before and born alive after the death of the pensioner.
[3] Section 31B Calculation of adjustment percentage
Omit "this section" from section 31B (2) (a).
Insert instead "subsection (1) (b)".
[4] Schedule 7 Savings and transitional provisions
Insert after clause 1:
2 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Superannuation Legislation Amendment (Family Law)
Act 2003 (but only to the extent that it amends this Act)
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to the Act concerned or a later
date.
(3) To the extent to which any such provision takes effect from a
date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of its publication, or
Page 58
Superannuation Legislation Amendment (Family Law) Bill 2003
Amendment of Transport Employees Retirement Benefits Act 1967 No 96 Schedule 13
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of its publication.
Page 59
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