Family Law (Superannuation) (Provision of Information Defence Force Schemes) Amendment Determination 2005 (No. 1) (Cth)
Family Law (Superannuation) (Provision of Information — Defence Force Schemes) 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 — Defence Force Schemes) Amendment Determination 2005 (No. 1).
Commencement
This Determination commences on the day after it is registered.
Amendment of Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004
Schedule 1 amends the Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004.
Schedule 1 Amendments
(section 3)
[1] Section 3
omit
In this Determination:
insert
(1) In this Determination:
[2] Section 3, after definition of Determination
insert
DFRB Act means the Defence Forces Retirement Benefits Act 1948.
[3] Section 3, after definition of officer
insert
payment phase table means the table in clause 4 of Part 3 of Schedule 1 to the Methods and Factors Approval.
[4] Section 3
insert
(2) For this Determination, a reference to ‘the relevant date’ 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’.
[5] Section 5, table, item 1, column 3
omit
paragraphs 64 (4) (a) to (i)
insert
paragraphs 64 (4A) (a) to (c)
[6] 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:
(a) for paragraph 64 (7B) (a) of the Regulations, the trustee of the relevant Defence Force scheme 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 relevant Defence Force scheme 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 1 of the payment phase table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 1 of the payment phase table: (a) IP; (b) NIP; (c) IR; (d) NIR |
| 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 | |||
| 2 | An interest mentioned in item 2 of the payment phase table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The information mentioned in the definition of IR in item 2 of the payment phase table 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 |
| 3 | An interest mentioned in item 3 of the payment phase table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of the following factors in item 3 of the payment phase 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 | |||
| 4 | An interest mentioned in item 4 of the payment phase table | The information mentioned in paragraph 64 (3) (b) of the Regulations | The information mentioned in the definition of IP in item 4 of the payment phase table 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) the annual amount (if any) of the person’s pension that is additional pension payable in respect of an eligible child of the person under paragraph 55 (1) (b) or 57 (1) (b) of the DFRB Act |
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