Military Superannuation and Benefits Trust Deed Amendment 2008 (No. 1) (Cth)
Military Superannuation and Benefits Trust Deed Amendment 2008 (No. 1)1
Military Superannuation and Benefits Act 1991
I, WARREN SNOWDON, Minister for Defence Science and Personnel, make this instrument under subsection 5 (1) of the Military Superannuation and Benefits Act 1991.
Dated 16 December 2008
WARREN SNOWDON
Minister for Defence Science and Personnel
Name of instrument
This instrument is the Military Superannuation and Benefits Trust Deed Amendment 2008 (No. 1).
Commencement
This instrument commences on 1 January 2009.
Amendment of Military Superannuation and Benefits Trust Deed
Schedule 1 amends the Military Superannuation and Benefits Trust Deed.
Schedule 1 Amendments
(section 3)
[1] Rules, subrule 2 (1)
omit
marital
insert
marital or couple
[2] Rules, rule 89, after definition of member funded component
insert
member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
[3] Rules, rule 89, after definition of member unfunded component
insert
non‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.
[4] Rules, Schedule 1, definition of child
substitute
child, in relation to a person who has died, means any of the following:
(a) a child of the member, within the meaning of the Family Law Act 1975;
(b) an ex‑nuptial child of the deceased person;
(c) a person who is, immediately before the death of the deceased person, a step‑child, an adopted child, a foster child or a ward, of the deceased person;
(d) a person who:
(i) is a child or ex‑nuptial child of a spouse who survives the deceased person; and
(ii) was wholly or substantially dependent upon the deceased person at the time of the deceased person’s death;
(e) a person who:
(i) is, within the meaning of the Family Law Act 1975, a child of a spouse who survives the member; and
(ii) was wholly or substantially dependent upon the member at the time of the member’s death.
[5] Rules, Schedule 1, after definition of lump sum maximum benefit limit
insert
marital or couple relationship has the meaning given by Part 1A of Schedule 1.
[6] Rules, Schedule 1, after definition of Parliamentary Candidates Act
insert
partner has the meaning given by Part 1A of Schedule 1.
[7] Rules, Schedule 1, definition of spouse, paragraph (b)
omit
marital
insert
marital or couple
[8] Rules, Schedule 1, after definition of Statistician
insert
step‑child includes a person who would be the step‑child of a person (person A), but for the fact that person A is not legally married to his or her partner.
[9] Rules, Schedule 1, Part 1A, heading
substitute
Part 1A Marital or couple relationship
[10] Rules, Schedule 1, paragraph 1A
omit
husband or wife
insert
husband, wife or partner
[11] Rules, Schedule 1, after paragraph 1A
insert
1AA. A person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).
[12] Rules, Schedule 1, paragraph 1B
omit each mention of
husband or wife
insert
husband, wife or partner
[13] Rules, Schedule 1, subparagraph 1B (c)
omit
marital
insert
marital or couple
[14] Rules, Schedule 1, after subparagraph 1C (b)
insert
(ba) the persons’ relationship was registered under a law of a State or Territory prescribed for section 22B of the Acts Interpretation Act 1901;
[15] Rules, Schedule 1, subparagraph 1C (c)
substitute
(c) the persons had a child who was:
(i) born of the relationship between the persons; or
(ii) adopted by the persons during the period of the relationship; or
(iii) a child of both of the persons, within the meaning of the Family Law Act 1975;
[16] Rules, Schedule 1, paragraph 9
omit each mention of
marital
insert
marital or couple
[17] Rules, Schedule 1, paragraph 10
omit each mention of
marital
insert
marital or couple
[18] Rules, Schedule 1, subparagraph 11 (b)
omit
marital
insert
marital or couple
[19] Rules, Schedule 1, paragraph 12
omit
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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