Family Law (Superannuation) Regulations 2001

In force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Family Law Act 1975

Superseded version

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F2012C00374

20 June 2012 - 14 March 2013

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Other expressions used in Part VIIIB of the Act
5 Meaning of defined benefit interest
6 Meaning of growth phase — superannuation interests in regulated superannuation funds, approved deposit funds and RSAs
7 Meaning of growth phase — superannuation interests in other eligible superannuation plans
8 Meaning of payment phase
9 Meaning of partially vested accumulation interest
9A Meaning of percentage only interest (Act s 90MD)
9B Meaning of percentage only interest — parliament 70 category under Superannuation (State Public Sector) Deed 1990 (Qld)
10 Meaning of trustee (Act s 90MD)
10A Meaning of unflaggable interest (Act s 90MD)
11 Meaning of unsplittable interest (Act s 90MD)
12 Payments to member spouse that are not splittable payments (Act s 90ME)
13 Payments after death of member spouse that are not splittable payments (Act s 90ME)
14 Circumstances in which payments are not splittable payments
14A Meaning of certain expressions for Division 2.2
14F New interest created or amount transferred or rolled over or paid, under SIS Regulations or RSA Regulations, in satisfaction of non member spouse’s entitlement
14G New interest created or amount transferred or rolled over or paid by trustee (other than under regulation 14F), or separate entitlement arising, in satisfaction of non member spouse’s entitlement under agreement or order
14H Amount paid by member spouse in satisfaction of non member spouse’s entitlement under agreement or order
14N New interest created or amount transferred or rolled over or paid by trustee, or separate entitlement arising, in satisfaction of non member spouse’s entitlement under agreement or order
14P New deferred annuity established or amount transferred or rolled over or paid by trustee of deferred annuity in satisfaction of non member spouse’s entitlement under agreement or order
14Q New annuity established or amount transferred or rolled over or paid by trustee of a superannuation annuity (other than under regulation 14P) in satisfaction of non member spouse’s entitlement under agreement or order
15 Application of Division 3.1 (Act s 90MJ)
16 Entitlement of non member spouse — superannuation interest not in existence or in growth phase
17 Entitlement of non member spouse — superannuation interest in payment phase
18 Application of Division 3.2 (Act s 90MJ)
19 Entitlement of non member spouse — splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)
19A Entitlement of non member spouse — splittable payment payable in respect of superannuation interest in a superannuation annuity
20 Superannuation interests in excess of low rate cap amount — total withdrawal value (Act s 90MQ)
21 Application of Division 4.1 (Act s 90MT)
22 Determination of amount in relation to certain superannuation interests
23 Entitlement of non member spouse — interests other than small superannuation accounts interests
24 Determination of value of small superannuation accounts interests
25 Application of Division 4.2 (Act s 90MT)
26 Entitlement of non member spouse — splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)
26A Entitlement of non member spouse — splittable payment payable in respect of superannuation interest in a superannuation annuity
27 Application of Division 5.1 (Act s 90MT)
28 Method for determining amount in relation to a superannuation interest — general
29 Method for determining gross value — defined benefit interest
30 Approval of retirement age
31 Method for determining gross value — accumulation interest (other than a partially vested accumulation interest)
32 Method for determining gross value — partially vested accumulation interest
33 Method for determining gross value — combination of defined benefit interest and accumulation interest
34 Method for determining gross value — combination of defined benefit interest and partially vested accumulation interest
35 Method for determining gross value — interest that is the greater of a defined benefit interest and an accumulation interest
36 Method for determining gross value — interest that is the lesser of a defined benefit interest and an accumulation interest
37 Method for determining gross value — defined benefit less other amount
38 Approval of methods and factors for determining gross value of particular superannuation interests
39 Application of Division 5.2 (Act s 90MT)
40 Method for determining amount in relation to a superannuation interest — general
41 Method for determining gross value — benefits payable only as one or more lump sums
42 Method for determining gross value — benefits paid as pension
43 Method for determining gross value — benefits paid as pension and lump sum also payable
43A Approval of methods and factors for determining gross value of superannuation interest being paid as a life pension
44 Definition for Part 6
45 Meaning of base amount allocated to the non member spouse
45A Adjustment of base amount
45B Applicable adjustment periods — superannuation interests other than those to which regulation 45C applies
45C Applicable adjustment periods — whole of superannuation interest is accumulation interest
45D Interest rates for adjustment of base amount
46 Application of Division 6.2 (Act s 90MJ, s 90MT)
49 Amount to be paid to non member spouse — benefit payable only as lump sum that is equal to or more than adjusted base amount
50 Amount to be paid to non member spouse — benefit payable only as lump sum that is less than adjusted base amount
51 Amount to be paid to non member spouse — optional lump sum from remaining benefits
52 Amount to be paid to non member spouse — optional lump sum — payment of whole of adjusted base amount
53 Amount to be paid to non member spouse — optional lump sum — payment of part of adjusted base amount
54 Amount to be paid to non member spouse — no benefit payable only as lump sum or first splittable payment not lump sum
54A Amount to be paid to non member spouse — benefits payable as allocated pension or market linked pension
55 Application of Division 6.3 (Act s 90MJ, s 90MT)
55A Application of Subdivision 6.3.2
56 Amount to be paid to non member spouse — first splittable payment after operative time equal to or more than base amount
57 Amount to be paid to non member spouse — first splittable payment after operative time less than base amount
58 Amount to be paid to non member spouse — optional lump sum from remaining benefits
58A Amount to be paid to non member spouse — benefits payable as allocated pension or market linked pension
58B Application of Subdivision 6.3.3
58C Amount to be paid to non member spouse — first splittable payment after operative time equal to or more than amount of earlier payments plus base amount
58D Amount to be paid to non member spouse — first splittable payment after operative time less than amount of earlier payments plus base amount
58E Amount to be paid to non member spouse — benefits payable as allocated pension or market linked pension
59 Fees payable to trustee (Act s 90MY)
60 Waiver of rights under payment split (Act s 90MZA)
61 Definitions for Division 7.2
62 Application to trustee for information — accompanying declaration (Act s 90MZB)
63 Information about certain accumulation interests (Act s 90MZB)
63A Giving valuation information — partially vested accumulation interest (Act s 90MZB)
64 Information about certain defined benefit interests (Act s 90MZB)
64A Giving underlying valuation information — defined benefit interests
65 Information about certain defined benefit interests — meaning of accrued benefit multiple
66 Information about certain percentage only interests (Act s 90MZB)
67 Information about interests in self managed superannuation funds (Act s 90MZB)
68 Information about small superannuation accounts interests (Act s 90MZB)
68A Information about certain superannuation interests in relation to which an agreement or splitting order applies (Act s 90MZB)
68B How and when trustee must provide information
69 Secondary government trustee not required to provide information (Act s 90MZB)
70 Information to be provided by trustee following service of agreement or order (Act s 90MZB)
71 Information to be provided by trustee at end of financial year
72 Notice to trustee by non member spouse
- Schedule 1 Forms
- Form 1 Notice to trustee that non member spouse’s entitlement under agreement or order satisfied
- Form 2 Request to trustee by non member spouse for payment, as lump sum, of all or part of remaining adjusted base amount
- Form 3 Request to trustee by non member spouse for payment, as lump sum, of all or part of adjusted base amount
- Form 4 Request to trustee by non member spouse for payment, as lump sum, of all or part of remaining base amount
- Form 5 Waiver notice in respect of payment split
- Form 6 Declaration to accompany application to trustee for information about a superannuation interest
- Schedule 1A Value of non member spouse’s entitlement for percentage only interest in superannuation fund or approved deposit fund in payment phase
- Part 1 Preliminary
- Part 2 Method for subparagraph 90MJ (1) (b) (i) and paragraph 90MT (1) (c) of the Act
- Part 3 Method for subparagraph 90MJ (1) (b) (ii) and paragraph 90MT (1) (b) of the Act
- Part 4 Reversion valuation factors
- Schedule 2 Method for determining gross value of defined benefit interest
- Part 1 Preliminary
- Part 2 Interest relating to current employment — benefit payable only as lump sum
- Part 3 Interest relating to current employment — benefit payable only as pension
- Part 4 Interest relating to current employment — benefit payable as combination of lump sum and pension
- Part 5 Interest relating to former employment — benefit payable only as lump sum
- Part 6 Interest relating to former employment — benefit payable only as pension
- Part 7 Interest relating to former employment — benefit payable as combination of lump sum and pension
- Schedule 3 Method for determining gross value of partially vested accumulation interest
- Schedule 4 Method for determining gross value of superannuation interest payable as life pension
- Schedule 4A Method for determining value of superannuation interest in lifetime annuity
- Schedule 5 Method for determining gross value of superannuation interest payable as fixed term pension
- Schedule 5A Method for determining value of superannuation interest in fixed term annuity
- Schedule 6 Method for determining gross value of superannuation interest payable as pension and future lump sum
- Schedule 7 Modifications of Division 6.2
- Notes to the REF Citation \*charformat \* MERGEFORMAT Family Law (Superannuation) Regulations 2001

Family Law (Superannuation) Regulations 2001

Legislation text