Commonwealth Numbered Regulations
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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 2001 NO. 303
TABLE OF PROVISIONS
PART 1--PRELIMINARY
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)
PART 2--PAYMENTS THAT ARE NOT SPLITTABLE PAYMENTS
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)
PART 3--PAYMENT SPLITTING OR FLAGGING BY AGREEMENT
Division 3.1--Superannuation interest that is not a percentage-only interest
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
Division 3.2--Superannuation interest that is a percentage-only interest
18. Application of Division 3.2 (Act s 90MJ)
19. Entitlement of non-member spouse
Division 3.3--Miscellaneous
20. Superannuation interests in excess of ETP threshold total withdrawal value (Act s 90MQ)
PART 4--PAYMENT SPLITTING OR FLAGGING BY COURT ORDER
Division 4.1--Superannuation interest that is not a percentage-only interest
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
Division 4.2--Superannuation interest that is a percentage-only interest
25. Application of Division 4.2 (Act s 90MT)
26. Entitlement of non-member spouse
PART 5--DETERMINATION OF VALUE OF CERTAIN SUPERANNUATION INTERESTS
Division 5.1--Superannuation interest in growth phase at relevant date
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
Division 5.2--Superannuation interest in payment phase at relevant date
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
PART 6--ENTITLEMENT OF NON-MEMBER SPOUSE IN RESPECT OF CERTAIN SUPERANNUATION INTERESTS
Division 6.1--Interpretation
44. Definitions for Part 6
45. Meaning of base amount allocated to the non-member spouse
Division 6.2--Superannuation interest in growth phase at date of service of agreement or date of order
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
Division 6.3--Superannuation interest in payment phase at date of service of agreement or date of order
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
PART 7--GENERAL PROVISIONS ABOUT PAYMENT SPLITTING
Division 7.1--General
59. Fees payable to trustee (Act s 90MY)
60. Waiver notice (Act s 90MZA)
Division 7.2--Provision of information to and by trustee
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
SCHEDULE 2 Method for determining gross value of defined benefit interest
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
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