Superannuation (Portability) Act 1989

S. 3(1) def. of actuary inserted by No. 120/1994 s. 66(1)(a).

actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

administrators means the administrators of a statutory superannuation scheme;

S. 3(1) def. of child inserted by No. 27/2001 s. 5(Sch. 3 item 6.1(a)).

child in relation to a deceased member or former member means a child of the person or the person's partner other than any child born more than 10 months after the person's death who is—

S. 3(1) def. of complying super-annuation fund inserted by No. 4/1996 s. 120.

complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;

S. 3(1) def. of dependant amended by No. 27/2001 s. 5(Sch. 3 item 6.1(b)).

dependant means in relation to a deceased member or former member—

S. 3(1) def. of disability substituted by No. 120/1994 s. 68.

disability, in relation to a member, means the permanent inability of the member before the age of 60 years due to a continuing or recurring injury, disease or infirmity—

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as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board;

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 6.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 59.1), amended by No. 4/2009 s. 37(Sch. 1 item 24.1).

domestic partner of a person means—

S. 3(1) def. of government actuary repealed by No. 120/1994 s. 66(1)(b).

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S. 3(1) def. of member amended by No. 120/1994 s. 67(a).

member means a member of a statutory superannuation scheme however designated in or for the purposes of the statutory superannuation scheme;

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S. 3(1) def. of Order in Council amended by No. 46/1998 s. 7(Sch. 1).

Order in Council means an Order in Council made by the Governor in Council on the recommendation of the Minister and published in the Government Gazette;

S. 3(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 6.1(a)), substituted by No. 40/2010 s. 97(1).

partner of a person means the person's spouse or domestic partner;

S. 3(1) def. of public authority amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 192).

public authority means any office, body, authority or Department within the meaning of the Public Administration Act 2004 declared by Order in Council to be a public authority for the purposes of this Act;

S. 3(1) def. of retirement benefit amended by No. 13/1999 s. 15(1).

retirement benefit means an annual, monthly or other periodical payment, a lump sum payment or any other entitlement to which under the terms of a superannuation scheme a member will become entitled at or after the minimum retirement age under that superannuation scheme;

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S. 3(1) def. of spouse substituted by Nos 120/1994 s. 67(b), 27/2001 s. 5(Sch. 3 item 6.1(c)), amended by No. 38/2009 s. 35(1).

spouse of a person (except in sections 9AA to 9AD) means a person to whom the person is, or was at the time of the person's death, married;

statutory superannuation scheme means a superannuation scheme declared by Order in Council to be a statutory superannuation scheme for the purposes of this Act;

superannuation scheme means a scheme one of the purposes of which is to provide retirement benefits;

S. 3(1) def. of super-annuation system inserted by No. 37/2007 s. 43.

superannuation system has the same meaning as it has in regulation 5.01(1) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

terms, in relation to a statutory superannuation scheme, means the rules and provisions of the statutory superannuation scheme.

S. 3(2) def. of A substituted by Nos 110/1993 s. 148(1)(a), 120/1994 s. 69(a), 44/2014 s. 33(Sch. item 28(1)).

A is the consumer price index for the reference period last published by the Australian Bureau of Statistics before the quarter in which the pension or lump sum becomes payable;

S. 3(2) def. of B substituted by No. 44/2014 s. 33(Sch. item 28(1)).

B is the consumer price index for the reference period last published by the Australian Bureau of Statistics before the quarter in which the member resigned;

C means the contribution factor in accordance with the following Table with values for intermediate ages being calculated to the lower 0.01:

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TABLE

CC represents the lump sum factor specified in Schedule 1 of the State Superannuation Act 1988 with respect to age 60 or the later age in completed years and months at which the person changes employment;

CR represents the lump sum factor specified in Schedule 1 of the State Superannuation Act 1988 with respect to the age in completed years and months at which the person retires;

S. 3(2) def. of consumer price index number substituted by Nos 110/1993 s. 148(1)(b), 120/1994 s. 69(b), substituted as consumer price index by No. 44/2014 s. 33(Sch. item 28(2)).

consumer price index means the all groups consumer price index for all capital cities in original terms published by the Australian Bureau of Statistics;

K =

X is the member's age in whole months on the date on which he or she joined the superannuation scheme;

Y is equal to 720 or the member's age in whole months on the date on which he or she resigns whichever is the lesser.

S. 3(4) inserted by No. 70/2003 s. 33.

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approved deposit fund has the meaning given by section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible rollover fund means a fund within the meaning of section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible superannuation plan means—

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

flag lifting agreement has the meaning given by section 90MN of the Commonwealth Family Law Act 1975;

flagging order means an order mentioned in section 90MU(1) of the Commonwealth Family Law Act 1975;

interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

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payment flag has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

relevant condition of release means, a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Commonwealth Superannuation Industry (Supervision) Regulations 1994;

reversionary interest has the meaning given by section 90MF of the Commonwealth Family Law Act 1975;

RSA means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997;

specified period means the period which is specified to be the specified period in the specified standards;

splitting order means an order mentioned in section 90MT of the Commonwealth Family Law Act 1975;

S. 3(4) def. of spouse inserted by No. 38/2009 s. 35(2)(a).

spouse, in sections 9AA to 9AD, has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

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S. 3(4) def. of super-annuation agreement amended by No. 38/2009 s. 35(2)(b).

superannuation agreement has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

superannuation fund has the same meaning as in the Commonwealth Superannuation Industry (Supervision) Act 1993;

superannuation interest means an interest that a person has in the statutory superannuation fund, but does not include a reversionary interest;

unsplittable interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Commonwealth Family Law (Superannuation) Regulations 2001;

value of the member spouse's interest in the statutory superannuation fund means the value as determined in accordance with Part 5 of the Commonwealth Family Law (Superannuation) Regulations 2001.

S. 3(5) inserted by No. 70/2003 s. 33.

S. 3(4) inserted by No. 27/2001 s. 5(Sch. 3 item 6.2), substituted as s. 3(6) by No. 12/2008 s. 73(1)(Sch. 1 item 59.2).

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S. 3(6)(a) amended by No. 4/2009 s. 37(Sch. 1 item 24.2(a)).

S. 3(6)(b) amended by No. 4/2009 s. 37(Sch. 1 item 24.2(b)).

S. 3(7) inserted by No. 40/2010 s. 97(2).