Family Law (Splitting of Superannuation Interests)
Schedule 1 Family Law (Splitting of Superannuation Interests)
Section 13A(1)(b) and (2)
1. Interpretation In this Schedule –
Family Law Act means the Family Law Act 1975 of the Commonwealth;
flag lifting agreement has the meaning given by section 90MN of the Family Law Act;
flagging order means an order mentioned in section 90MU(1) of the Family Law Act;
member has the meaning given by section 90MD of the Family Law Act;
member spouse has the meaning given by section 90MD of the Family Law Act;
non-member spouse has the meaning given by section 90MD of the Family Law Act;
operative time has the meaning given by section 90MD of the Family Law Act;
splittable payment has a meaning in accordance with section 90ME of the Family Law Act;
splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;
splitting order means an order mentioned in section 90MT(1) of the Family Law Act;
spouse has the meaning given by section 90MD of the Family Law Act;
superannuation agreement has the meaning given by section 90MH of the Family Law Act;
superannuation interest has the meaning given by section 90MD of the Family Law Act.
Family Law Act means the Family Law Act 1975 of the Commonwealth;
Family Law Act
flag lifting agreement has the meaning given by section 90MN of the Family Law Act;
flag lifting agreement
flagging order means an order mentioned in section 90MU(1) of the Family Law Act;
flagging order
member has the meaning given by section 90MD of the Family Law Act;
member
member spouse has the meaning given by section 90MD of the Family Law Act;
member spouse
non-member spouse has the meaning given by section 90MD of the Family Law Act;
non-member spouse
operative time has the meaning given by section 90MD of the Family Law Act;
operative time
splittable payment has a meaning in accordance with section 90ME of the Family Law Act;
splittable payment
splitting instrument means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;
splitting instrument
splitting order means an order mentioned in section 90MT(1) of the Family Law Act;
splitting order
spouse has the meaning given by section 90MD of the Family Law Act;
spouse
superannuation agreement has the meaning given by section 90MH of the Family Law Act;
superannuation agreement
superannuation interest has the meaning given by section 90MD of the Family Law Act.
superannuation interest
2. Application of this Schedule This Schedule applies to –
any benefit under this Act that is a superannuation interest; and
any splitting instrument that has an operative time on or after 28 December 2002.
3. Objects of this Schedule
The objects of this Schedule are to carry into effect the provisions of the Family Law Act relating to the splitting of superannuation interests.
If a provision of this Schedule is inconsistent with a provision of the Family Law Act, the latter provision prevails to the extent of the inconsistency.
4. Duty of Minister to give effect to splitting instruments under Family Law Act
Where a splitting instrument affects an entitlement to a benefit of a member spouse under this Act, the Minister must give effect to that instrument in paying or determining that benefit.
The Minister is not to make a payment to a non-member spouse under this Act before a splittable payment is payable to, or in respect of, the relevant member spouse.
5. Commutation of pension on death of non-member spouse
Where a share of a pension is payable to a non-member spouse under this Schedule, the Minister is to commute that share to a lump sum if that non-member spouse predeceases the member spouse in respect of whom the pension is being paid.
For the purposes of subclause (1), the commutation factors are to be determined by the Minister on the advice of the Actuary.
A share of a pension paid or payable to a non-member spouse under this Schedule does not revert to the widow or widower of that non-member spouse on the death of that non-member spouse.
A lump sum payment calculated under subclause (1) is to be paid to the legal personal representative of the non-member spouse and is to be made in accordance with Part VIIIB of the Family Law Act.
A share of a pension payable to a non-member spouse under this Schedule ceases –
on the death of the relevant member spouse; or
where a reversionary pension is payable in respect of a member spouse, on the cessation of that reversionary pension.
6. Effect of benefit under splitting instrument If a member spouse dies and is survived by a non-member spouse who has received, is receiving or is entitled to receive, a benefit under a splitting instrument in respect of the superannuation interest of the member spouse, that non-member spouse is not entitled to a benefit under this Act in respect of the deceased member spouse except in accordance with that instrument.
7. Fees for administration of Schedule For the purposes of administering this Schedule, the Minister may charge reasonable fees in accordance with the Family Law Act.
8. Provision of information by Minister Where an eligible person, within the meaning of section 90MZB of the Family Law Act, has applied to the Minister for information in accordance with that section about the superannuation interest of a person entitled to a pension under this Act, the Minister must comply with the requirements of that Act as if he or she were the trustee of a superannuation fund.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.