Interpretation
3 Interpretation
In this Determination, unless the contrary intention appears:
annual interest rate, for 2015 or a later calendar year, means a rate equal to the last annual yield on Commonwealth government 10‑year bonds published by the Reserve Bank of Australia before 1 January of the calendar year.
annual rate of pay, in relation to a member:
in relation to a period when the member is on long service leave on half pay ‑ means half the rate which would have been the rate applicable to the member if paragraph (b) had applied to the member, or
in any other case—has the same meaning as in the DFRDB Act.
approved deposit fund has the same meaning as in the SIS Act.
base amount means:
for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
for a splitting order—the amount allocated under subsection 90MT(4) of the Family Law Act 1975.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
ComSuper means the body established by section 4 of the ComSuper Act 2011.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
debt account discharge liability has the meaning given by section 133‑120 of Schedule 1 to the Taxation Administration Act 1953.
Defence Act means the Defence Act 1903.
DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.
effective service means service other than non‑effective service.
family law value means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for paragraph 90MT(2)(a) of that Act. In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.
The amount is determined by applying those regulations, whether or not an order has been made under subsection 90MT(1) of the Family Law Act 1975.
legal personal representative has the same meaning as in the SIS Act.
member means:
a member of the Permanent Forces; or
a member of the Reserve Forces or the Emergency Forces who is rendering continuous full time naval, military or air force service;
but does not include a member of any of those forces who is a member of the Military Superannuation and Benefits Scheme established by the Trust Deed under the Military Superannuation and Benefits Act 1991.
member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
non‑effective service, in relation to a member, means a period that, under clause 4, is deemed to be a period of non‑effective service in relation to the member.
non‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
operative time, for a splitting agreement or splitting order, means the time that is the operative time for Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.
pay period, in relation to a person who is, or has been, a member, means a fortnightly period in respect of which the person would ordinarily receive salary.
payment split has the same meaning as in Part VIIIB of the Family Law Act 1975.
preservation age has the same meaning as in the SIS Regulations.
productivity benefit:
means a productivity superannuation benefit payable in accordance with this Determination; and
includes a debt account discharge liability.
recipient member means a retired member in receipt of a pension who again becomes a member.
scheme value has the meaning given by clause 14.
service offence has the same meaning as in the Defence Force Discipline Act 1982.
severe financial hardship has the same meaning as in subregulations 6.01(5) and (5A) of the SIS Regulations, applied as if references in those subregulations to the trustee of a superannuation entity (however described) were references to the CSC.
SIS Act means the Superannuation Industry (Supervision) Act 1993.
SIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.
splitting agreement means:
a superannuation agreement (within the meaning of Part VIIIB of the Family Law Act 1975); or
a flag lifting agreement (within the meaning of Part VIIIB of the Family Law Act 1975) that provides for a payment split.
splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.
splitting percentage means:
for a splitting agreement—the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975; or
for a splitting order—the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975.
superannuation fund has the same meaning as in the SIS Act.
surcharge debt account, for a member, means the surcharge debt account kept for the member by the CSC under section 16 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
surcharge deduction amount, in relation to a member to or in respect of whom benefits become payable under this Determination, means the surcharge deduction amount that is specified in the determination made by the CSC, under clause 3A, in relation to the member.
transfer amount means:
if a splitting percentage applies—the amount calculated by multiplying the splitting percentage by the greater of:
the family law value; and
the scheme value; or
if a base amount applies and the scheme value is not more than the family law value—the base amount; or
if a base amount applies and the scheme value is more than the family law value—the amount calculated using the formula:
A reference in this Determination to a member who retires shall be read as a reference to a member who ceases to render continuous full time naval, military or air force service.
For the purposes of this clause a member who is rendering continuous full time service shall not be deemed to have ceased to render continuous full time service during any period that is deemed by clause 4 to be a period of non‑effective service in relation to the member.
Where a member retires and, without a break in the continuity of his or her service, again becomes a member who is rendering continuous full time service, the member shall, for the purposes of this Determination, be deemed not to have retired.
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