Family Law (Superannuation) (Provision of Information Commonwealth Superannuation Scheme) Amendment Determination 2005 (No. 1) (Cth)
Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2005 (No. 1)
I, PHILIP MAXWELL RUDDOCK, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.
Dated 18 May 2005
PHILIP RUDDOCK
Attorney-General
Name of Determination
This Determination is the Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Amendment Determination 2005 (No. 1).
Commencement
This Determination commences on the day after it is registered.
Amendment of Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004
Schedule 1 amends the Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004.
Schedule 1 Amendments
(section 3)
[1] Section 3
omit
In this Determination:
insert
(1) In this Determination:
[2] Section 3, definition of eligible employee
omit
[3] Section 3
insert
(2) An expression used in this Determination and in section 3 or 146MA (whichever is applicable) of the Act has the same meaning in this Determination as it has in the applicable section of the Act.
(3) For this Determination, a reference to ‘the relevant date’:
(a) in the description of a kind of superannuation interest in the Methods and Factors Approval mentioned in column 2 of an item of the table in section 5; or
(b) in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6;
is to be read as if it were a reference to ‘the appropriate date’.
[4] Section 5, heading
substitute
Provision of information by trustee — growth phase interests
[5] Section 5
omit everything before paragraph (a), insert
In relation to a superannuation interest mentioned in an item in the following table that was in the growth phase at the appropriate date:
[6] Section 5, table, item 3, column 3
omit
paragraphs 64 (4) (a) to (i)
insert
paragraphs 64 (4A) (a) to (c)
[7] Section 5, table, item 5, column 3
omit
paragraphs 64 (4) (a) to (i)
insert
paragraphs 64 (4A) (a) to (c)
[8] Section 5, table, item 6, column 3
omit
paragraphs 64 (4) (a) to (i)
insert
paragraphs 64 (4A) (a) to (c)
[9] Section 5, table, item 7, column 3
omit
paragraphs 64 (4) (a) to (i)
insert
paragraphs 64 (4A) (a) to (c)
[10] After section 5
insert
Provision of information by trustee — payment phase interests
In relation to a superannuation interest mentioned in an item in the following table that was in the payment phase at the appropriate date:
(a) for paragraph 64 (7B) (a) of the Regulations, the trustee of the CSS is not required to provide the information about the interest mentioned in column 3 of the item; and
(b) for paragraph 64 (7B) (b) of the Regulations, the trustee of the CSS must provide the information about the interest mentioned in column 4 of the item.
| Item | Superannuation interest | Information not required to be provided | Information that must be provided |
| 1 | An interest mentioned in item 5 of the CSS table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The information mentioned in the definition of the following factors in item 5 of the CSS table: (a) NIP; (b) PCI; (c) P The following information in relation to the person who has the interest: (a) the person’s date of birth; (b) the date of the last occasion when the person became an eligible employee; (c) whether an amount has been paid to the CSS Board under section 110SL or 130B of the Act in respect of the person; (d) whether the person has made an election under section 110TBA of the Act |
| 2 | An interest mentioned in item 9 of the CSS table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 9 of the CSS table: (a) IP; (b) NIP |
| The following information in relation to the person who has the interest: (a) the person’s date of birth; | |||
| (b) the type of pension payable to the person; | |||
| (c) if the pension payable to the person is an age retirement pension — whether the person has made an election under section 57AA of the Act; | |||
| (d) if the pension payable to the person is an early retirement pension — whether the person has made an election under section 61AB of the Act; | |||
| (e) the annual amount (if any) of the person’s pension that, at the appropriate date: (i) is subject to indexation in accordance with the consumer price index; and (ii) is payable because of the existence of one or more eligible children or partially dependent children; (f) the annual amount (if any) of the person’s pension that, at the appropriate date: (i) is fixed in nominal dollars; and (ii) is payable because of the existence of one or more eligible children or partially dependent children | |||
| 3 | An interest mentioned in item 11 of the CSS table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 11 of the CSS table: (a) AIP; (b) ANIP The date of birth of the person who has the interest |
| 4 | An interest mentioned in item 12 of the CSS table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The following information in relation to the person who has the interest: (a) the person’s date of birth; (b) the type of associate deferred pension payable to the person |
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