Family Law (Superannuation) (Provision of Information Military Superannuation and Benefits Scheme) Amendment Determination 2005 (No. 1) (Cth)

Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits 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 23 May 2005

PHILIP RUDDOCK

Attorney-General

1. Name of Determination

This Determination is the Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) Amendment Determination 2005 (No. 1).

1. Commencement

This Determination commences on the day after it is registered.

1. Amendment of Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) Determination 2004

Schedule 1 amends the Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) 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 officer

insert

payment phase table means the table in clause 3 of Part 4 of Schedule 1 to the Methods and Factors Approval.

[3]           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’.

[4]           Section 5, table, item 1, column 3

omit

paragraphs 64 (4) (a) to (i)

insert

paragraphs 64 (4A) (a) to (c)

[5]           After section 5

insert

1. 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 MSBS 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 MSBS 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 P in item 1 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 to which the person is entitled;    (c)  the annual amount (if any) of the person’s pension that is payable, in accordance with the Rules, in respect of 1 or more eligible children
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 date of birth of the person who has the interest