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Superseded version

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F2001B00391

08 October 2001 - 27 December 2002

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

Table of contents

1 Name of Regulations
2 Commencement
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
10 Meaning of trustee (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 Payments that are not splittable payments in respect of particular payments splits (Act s 90ME)
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
20 Superannuation interests in excess of ETP threshold — total withdrawal value (Act s 90MQ)
21 Application of Division 4.1 (Act s 90MT)
22 Determination of value of 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
27 Application of Division 5.1 (Act s 90MT)
28 Method for determining value — 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 valuing particular superannuation interests
39 Application of Division 5.2 (Act s 90MT)
40 Method for determining value — 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
44 Definitions for Part 6
45 Meaning of base amount allocated to the non member spouse
46 Application of Division 6.2 (Act s 90MJ, s 90MT)
47 Adjustment of base amount
48 Interest rates for adjustment of base amount
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
55 Application of Division 6.3 (Act s 90MJ, s 90MT)
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
59 Fees payable to trustee (Act s 90MY)
60 Waiver notice (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)
64 Information about certain defined benefit interests (Act s 90MZB)
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)
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 satisfied in respect of particular payment split
- 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 2 Method for determining gross value of defined benefit interest
- Part 1 Preliminary
- Part 2 Method — benefit payable only as lump sum
- Part 3 Method — benefit payable only as pension
- Part 4 Method — 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 5 Method for determining gross value of superannuation interest payable as fixed-term pension
- Schedule 6 Method for determining gross value of superannuation interest payable as pension and future lump sum

Family Law (Superannuation) Regulations 2001

Legislation text