Superannuation Acts (Family Law) Act 2003 (Vic)

Superannuation Acts (Family Law) Act 2003

ts	Act No. 70/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purpose 1

ry 2. Commencement 2

ta	PART 2—EMERGENCY SERVICES SUPERANNUATION ACT
n	1986 3

e	3.	Definitions	3
m	4.	Accrued benefits	3
ia	5.	New Part 4A inserted	4
rl	PART 4A—FAMILY LAW PROVISIONS	4
a	22E.	Definitions	4
P	22F.	Obligation on Board	7
d	22G.	Reduction of benefit or accrued benefit entitlement	10
n	22H.	Board may provide additional information	10
a	22I.	Charging of fees	11

6. Section 26 substituted 12

n	26.	Assignment or charging of interest	12
o
ti	7.	Specified standards	13

la PART 3—GOVERNMENT SUPERANNUATION ACT 1999 14

is	8.	Family Law provisions	14
g	9.	MTA Superannuation Fund	14
e

L	PART 4—PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968 16
n
a
ri

10.	New Division 3A inserted in Part II	16
Division 3A—Family Law Provisions	16

to	21CA.	Definitions	16
ic
V

i

Section Page

21CE.	Parliamentary Trustee may provide additional
information 23
21CF.	Commutation rights not affected 23

ts 21CG. Charging of fees 23

11. Specified standards 25

n

e	PART 5—STATE EMPLOYEES RETIREMENT BENEFITS ACT
m	1979 26

u	12.	Membership of scheme	26
c	13.	Calculation of benefit	26
o	14.	Minimum benefit	26
D	15.	New Part IVA inserted	27
ry	PART IVA—FAMILY LAW PROVISIONS	27
ta	66AA. Definitions	27

66AB. Accrued benefit multiple 30

n	66AC.	Obligation on Board	30
e	66AD.	Reduction of benefit or accrued benefit entitlement	33
m	66AE.	Board may provide additional information	34
ia	66AF.	Commutation rights not affected	34

rl 66AG. Charging of fees 34

16. Section 70A substituted 36

a	70A.	Assignment or charging of interest	36
P	17.	Specified standards	36

d	PART 6—STATE SUPERANNUATION ACT 1988	38
n

a	18.	Definition of "secondment"	38
19.	What does "partially dependent" mean?	38
n	20.	Amendment of section 16A	38
o
ti	21.	Original scheme members	39
22.	New section 27A inserted	39
la	27A.	Application of Family Law provisions to pensioners	39
is	23.	Benefit on retirement of new scheme member	40
24.	New Part 7A inserted	40
g
e	PART 7A—FAMILY LAW PROVISIONS	40
L	59AA. Definitions	40
n	59AB.	Accrued benefit multiple	43
a	59AC.	Obligation on Board	43
ri	59AD.	Reduction of benefit or accrued benefit entitlement	47
to	59AE.	Board may provide additional information	47
59AF.	Commutation rights not affected	47
ic
V

ii

Section Page

28. Section 88 substituted 50

88. Assignment or charging of interest 50

29. Specified standards 50

ts	30.	MWCESF	51
31.	Water Industry Superannuation Fund	51
n	32.	Port of Melbourne Authority Superannuation Fund	52
e

m PART 7—SUPERANNUATION (PORTABILITY) ACT 1989 53

u	33.	New definitions inserted	53
c	34.	Family Law provisions	56
o	9AA.	Obligation on administrators	56
D	9AB.	Reduction of deferred retirement benefit or transfer
amount	59
ry	9AC.	Administrators may provide additional information	60
ta	9AD.	Charging of fees	60

n	PART 8—TRANSPORT SUPERANNUATION ACT 1988	62
e

35. What does "partially dependent" mean? 62

m	36.	Benefit on retirement	62
ia	37.	Minimum benefit	62
rl	38.	New Part 7A inserted	63
a	PART 7A—FAMILY LAW PROVISIONS	63
P	36AA. Definitions	63
d	36AB.	Accrued benefit multiple	66
n	36AC.	Obligation on Board	66
a	36AD.	Reduction of benefit or accrued benefit entitlement	69
36AE.	Board may provide additional information	70
n	36AF.	Commutation rights not affected	70
o

ti 36AG. Charging of fees 70

39. Section 49 substituted 72

la	49.	Assignment or charging of interest	72
is	40.	Specified standards	72

g	PART 9—UNCLAIMED MONEYS ACT 1962	74
e

L	41.	Family Law provisions	74
42.	Statement of unclaimed superannuation benefits	74

n	═══════════════
a

ri	ENDNOTES	75
to
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iii

ts
n
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u

c
o	Victoria
D
ry
ta
n	No. 70 of 2003
e
m
ia
rl	Superannuation Acts (Family Law) Act
a	2003†
P

[Assented to 14 October 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is
g	PART 1—PRELIMINARY
e
L	1. Purpose
n	The purpose of this Act is to amend specified
a
ri	Superannuation Acts in relation to Family Law
provisions and miscellaneous other matters.
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 1—Preliminary

s. 2

2. Commencement

(1) Subject to this section, this Act comes into

ts	operation on the day after the day on which it
n	receives the Royal Assent.
e	(2) Sections 7(1), 11(1), 17(1), 29(1) and 40(1) are
m	deemed to have come into operation on 30 June
u	1996.
c
o	(3) Section 12 is deemed to have come into operation
D	on 1 January 1994.
ry	(4) Section 21 is deemed to have come into operation
ta	on 16 June 1996.
n	(5) Section 27 is deemed to have come into operation
e	on 6 December 2000.
m	__________________
ia
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Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 3

PART 2—EMERGENCY SERVICES SUPERANNUATION

ACT 1986

ts

n 3. Definitions

e	In section 3(1) of the Emergency Services	See: Act No.
m	Superannuation Act 1986, in the definition of	94/1986.
u	"nominee", after paragraph (b) insert—	Reprint No. 4
c	as at
o	1 December

"; or 1999 and

D amending

(c) any person over the age of 18 years who is not in the opinion of the Board a full-time Act Nos

ry 29/2000, 69/2000,

ta	student and to whom the contributor has	95/2000 and
been the natural or adoptive parent.".	27/2001.
n	LawToday:
e	dpc.vic.
m	gov.au
ia

rl	4. Accrued benefits
a	After section 20C(2) of the Emergency Services
P	Superannuation Act 1986 insert—
d	"(2A) For the purposes of sub-section (2), if a
n
a	payment or transfer to a non-member spouse is made for the purposes of Part VIIIB of the
n	Commonwealth Family Law Act 1975
o
ti	whether under Part 4A or otherwise, the
la	maximum accrued benefit of the member
spouse must be adjusted by the Board in
is	accordance with a methodology approved by
g	the Minister, on the advice of an actuary
e
L	appointed by the Board.".
n
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Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

5. New Part 4A inserted

After Part 4 of the Emergency Services

ts	Superannuation Act 1986 insert—
n
e	'PART 4A—FAMILY LAW PROVISIONS
m	22E. Definitions
u
c	(1) In this Part—
o	"approved deposit fund" has the meaning
D	given by section 10(1) of the
ry	Commonwealth Superannuation
ta	Industry (Supervision) Act 1993;
n	"eligible rollover fund" means a fund
e	within the meaning of section 242 of
m	the Commonwealth Superannuation
ia	Industry (Supervision) Act 1993;
rl	"eligible superannuation plan" means—
a
P	(a) a regulated superannuation fund;
d	or
n	(b) an approved deposit fund; or
a
(c) an exempt public sector
n	superannuation scheme; or
o
ti	(d) an RSA;
la	"exempt public sector superannuation
is	scheme" means a public sector
g	superannuation scheme within the
e	meaning of section 10(1) of the
L	Commonwealth Superannuation
n	Industry (Supervision) Act 1993;
a
ri	"flag lifting agreement" has the meaning
to	given by section 90MN of the
ic	Commonwealth Family Law Act 1975;
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

"flagging order" means an order mentioned in section 90MU(1) of the

ts	Commonwealth Family Law Act 1975;
n	"interest" has the meaning given by section
e	90MD of the Commonwealth Family
m	Law Act 1975;
u	"member spouse", in relation to a
c	superannuation interest, means the
o	spouse who has the superannuation
D	interest;
ry	"non-member spouse", in relation to a
ta	superannuation interest, means the
n	spouse who is not the member spouse
e	in relation to that interest;
m	"payment flag" has the meaning given by
ia	section 90MD of the Commonwealth
rl	Family Law Act 1975;
a
P	"regulated superannuation fund" means a superannuation fund which complies
d
n	with section 19 of the Commonwealth
a	Superannuation Industry (Supervision) Act 1993;
n
o	"relevant condition of release" means, a
ti	condition of release mentioned in item
la	101, 102, 103 or 106 of Schedule 1 to
is	the Commonwealth Superannuation
g	Industry (Supervision) Regulations
e	1994;
L	"reversionary interest" has the meaning
n	given by section 90MF of the
a
ri	Commonwealth Family Law Act 1975;
to	"RSA" means a retirement savings account
ic	within the meaning of the
Commonwealth Retirement Savings
V	Accounts Act 1997;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

"specified period" means the period which

is specified to be the specified period in

ts	the specified standards;
n	"splitting order" means an order mentioned
e	in section 90MT of the Commonwealth
m	Family Law Act 1975;
u	"superannuation agreement" has the
c	meaning given by section 90MH of the
o	Commonwealth Family Law Act 1975;
D

"superannuation fund" has the same

ry	meaning as in the Commonwealth
ta	Superannuation Industry (Supervision)
n	Act 1993;
e	"superannuation interest" means an
m	interest that a person has as a member
ia	of an eligible superannuation plan, but
rl	does not include a reversionary interest;
a
P	"unsplittable interest" has the meaning given by section 90MD of the
d
n	Commonwealth Family Law Act 1975;
a	"value at a particular time of the non-
n	member spouse's entitlement in
o	respect of the superannuation
ti	interest" means the value as
la	determined in accordance with
is	regulation 14G(8) of the
g	Commonwealth Family Law
e	(Superannuation) Regulations 2001;
L	"value of the member spouse's interest in
n	the Scheme" means the value as
a
ri	determined in accordance with Part 5 of the Commonwealth Family Law
to	(Superannuation) Regulations 2001.
ic	(2) A reference to the transfer of an amount is to
V	be construed as including a reference to the rollover of an amount.

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

22F. Obligation on Board

(1) Subject to sub-sections (5) and (6), the Board

ts	must comply with this section if—
n	(a) a superannuation agreement which
e	provides for a payment split; or
m	(b) a flag lifting agreement which provides
u
c	for a payment split; or
o	(c) a splitting order—
D

is served on the Board under Part VIIIB of

ry	the Commonwealth Family Law Act 1975.
ta	(2) This section also applies to—
n
e	(a) a superannuation agreement which
m	provides for a payment split; or
ia	(b) a flag lifting agreement which provides
rl	for a payment split; or
a	(c) a splitting order—
P
d	which was served on the Board under Part
n	VIIIB of the Commonwealth Family Law
a	Act 1975 before the commencement of
n	section 5 of the Superannuation Acts
o	(Family Law) Act 2003 if the non-member
ti	spouse's entitlements in respect of the
la	superannuation interest have not been
is	satisfied as at that commencement.
g	(3) If the non-member spouse has not satisfied a
e	relevant condition of release and the member
L	spouse is not receiving a pension under this
n	Act, the Board must if the value of the non-
a
ri	member spouse's entitlement in respect of
the superannuation interest at the particular
to	time does not exceed the value of the
ic	member spouse's interest in the Scheme—
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

(a) transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the

ts	superannuation interest at the time of
n	the payment to an eligible
e	superannuation plan nominated in
m	writing by the non-member spouse
u	within the specified period; or
c
o	(b) if the non-member spouse fails to
D	nominate in writing an eligible
ry	superannuation plan within the
specified period, transfer a lump sum
ta	amount equal to the value of the non-
n	member spouse's entitlement in respect
e	of the superannuation interest at the
m	time of the payment to an eligible
ia	rollover fund selected by the Board.
rl	(4) If the non-member spouse has satisfied a
a	relevant condition of release or the member
P	spouse is receiving a pension under this Act,
d	the Board must if the value of the non-
n	member spouse's entitlement in respect of
a	the superannuation interest at the particular
n	time does not exceed the value of the
o
ti	member spouse's interest in the Scheme—

la	(a)	if so requested in writing by the non-
is	member spouse within the specified
period, pay the non-member spouse a
g
e	lump sum amount equal to the value of
L	the non-member spouse's entitlement in respect of the superannuation interest at
n
a
ri
the time of the payment; or

(b) if so requested in writing by the non-

to	member spouse within the specified
ic	period, transfer a lump sum amount
V	equal to the value of the non-member spouse's entitlement in respect of the

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

superannuation interest at the time of
the payment to an eligible

superannuation plan nominated in

ts	writing by the non-member spouse; or
n
e	(c) if no request is received from the non-
m	member spouse within the specified
u	period, transfer a lump sum amount
c	equal to the value of the non-member
o	spouse's entitlement in respect of the
D	superannuation interest at the time of
ry	the payment to an eligible rollover fund
selected by the Board.
ta	(5) Sub-sections (3) and (4) do not apply if—
n

e	(a)	the member spouse's superannuation
m	interest is an unsplittable interest; or

ia	(b) a payment flag is operating in respect
rl	of the member spouse's superannuation
a	interest; or
P

(c) the non-member spouse has served a

d

n	waiver notice on the Board under
a	section 90MZA of the Commonwealth Family Law Act 1975 in respect of the
n
o	member spouse's superannuation
ti	interest; or
la	(d) the member spouse's superannuation
is	interest is a payment that is not a
g	splittable payment under Part 2 of the
e	Commonwealth Family Law
L	(Superannuation) Regulations 2001.
n	(6) If the member spouse's superannuation
a
ri	interest is a pension under this Act due to a disability which is a splittable payment, the
to	Board may determine that sub-sections (3)
ic	and (4) do not apply.
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

(7) If the non-member spouse serves a waiver

notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in

ts	respect of the member spouse's
n	superannuation interest, the Board may make
e	a payment to the non-member spouse not
m	exceeding the value at a particular time of
u	the non-member spouse's entitlement in
c
o	respect of the superannuation interest less any payments previously made by the Board
D	to the non-member spouse in accordance
ry	with this section.
ta	22G. Reduction of benefit or accrued benefit
n	entitlement
e
Despite anything to the contrary in this Act,
m
ia	if under section 22F an amount is paid by the
rl	Board to a non-member spouse or transferred by the Board on behalf of a non-member
a	spouse, the accrued benefit of a member
P	spouse must be reduced by the Board in
d	accordance with a methodology approved by
n	the Minister, on the advice of an actuary
a	appointed by the Board.
n
o	22H. Board may provide additional
ti	information
la	On the application of an eligible person
is	within the meaning of section 90MZB(8) of
g	the Commonwealth Family Law Act 1975,
e	the Board may provide information
L	additional to the information required to be
n	provided under section 90MZB of that Act if
a
ri	the Board considers that the additional
information is necessary to understand the
to	Scheme or the member spouse's benefit
ic	entitlements.
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 5

22I. Charging of fees

(1) The Board may charge reasonable fees in

ts	respect of—
n	(a) a payment split;
e
(b) a payment flag;
m
u	(c) flag lifting under a flag lifting
c	agreement that does not provide for a
o	payment split;
D

(d) an order under section 90MM of the

ry	Commonwealth Family Law Act 1975
ta	terminating the operation of a payment
n	flag;
e	(e) an application under section 90MZB of
m	the Commonwealth Family Law Act
ia	1975 for information about a
rl	superannuation interest;
a	(f) any other thing done by the Board in relation to a superannuation interest
P
d	covered by a superannuation
n
a	agreement, flag lifting agreement or splitting order;
n
o	(g) the provision of information under
ti	section 22H.
la	(2) Fees charged under sub-section (1) must not
is	exceed the maximum levels of fees fixed by
g	the Minister for the purposes of this section
e	by notice published in the Government
L	Gazette.
n
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Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 6

(3) If the Board charges a fee under sub- section (1), the fee is payable—

ts	(a)	unless paragraph (b) applies, in the case
n	of sub-section (1)(a), (1)(b), (1)(c),
e	(1)(d) or (1)(f), by the member spouse
m	and the non-member spouse in equal
u	parts; or

c	(b) if the fee is in respect of a payment split
o	under which the non-member spouse is
D	entitled to be paid the whole of the
ry	amount of each splittable payment that
ta	becomes payable, by the non-member spouse; or
n

e	(c)	in the case of sub-section (1)(e) or
m	(1)(g), by the person who made the
ia	application.'.

rl	6. Section 26 substituted
a
P	For section 26 of the Emergency Services Superannuation Act 1986 substitute—
d
n	"26. Assignment or charging of interest
a
(1) Subject to sub-section (2), an interest of a
n	member or beneficiary in a benefit under this
o
ti	Act—
la	(a) must not be in any way assigned,
is	charged, attached or passed by
g	operation of law to any other person;
e	and
L	(b) is not an asset for the payment of any
n	debt or liability.
a
ri	(2) Sub-section (1) does not apply to or in
to	respect of any assignment, charge, payment
or transfer permitted expressly or by
ic	necessary implication by this Act.".
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 2—Emergency Services Superannuation Act 1986

s. 7

7. Specified standards

(1) In section 29A(1)(a) of the Emergency Services

ts	Superannuation Act 1986 after "contributions"
n	insert "and benefits".
e	(2) After section 29A(1)(c) of the Emergency
m	Services Superannuation Act 1986 insert—
u
c	"(ca) specify processes and requirements in
o	respect of the administration and operation
D	of Part 4A; and
ry	(cb) specify the benefits and entitlements of non-
ta	members spouses under Part 4A; and".
n	(3) After section 29A(2) of the Emergency Services
e	Superannuation Act 1986 insert—
m	"(3) Any Order in Council made before the
ia	enactment of the Superannuation Acts
rl	(Family Law) Act 2003 has force and effect
a	as if it had been made under this section as
P	amended by section 7(1) of that Act.".
d	__________________
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Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 3—Government Superannuation Act 1999

s. 8

PART 3—GOVERNMENT SUPERANNUATION ACT 1999

ts	8. Family Law provisions
n	See:
e	Act No.

(1) After section 6(1)(d) of the Government

8/1999.	Superannuation Act 1999 insert—
m	Reprint No. 1
u	as at	"(da) ensure that the provisions of Part VIIIB of

c	10 May 2001. LawToday:	the Commonwealth Family Law Act 1975
o		and regulations made under that Act for the
D	dpc.vic.
gov.au	purposes of that Part are complied with.".

ry	(2) After section 6(7) of the Government
ta	Superannuation Act 1999 insert—
n	"(7A) If any provision of Part VIIIB of the
e	Commonwealth Family Law Act 1975 or of
m	any regulations made under that Act for the
ia	purposes of that Part is inconsistent with this
rl	Act, any regulations under this Act or the
a	governing instrument of an administered
P	scheme, the Office is to be taken to have
d	complied with this Act, the regulations or the
n	governing instrument of the administered
a	scheme if the Office has complied with the
n	provision of Part VIIIB of the
o	Commonwealth Family Law Act 1975 or of
ti	any regulations made under that Act for the
la	purposes of that Part.".
is	9. MTA Superannuation Fund
g
e	(1) After section 42(1) of the Government
L	Superannuation Act 1999 insert—
n	"(1A) The provisions of Part 7A of the Transport
a
ri	Superannuation Act 1988, with such
modifications as are necessary to make those
to	provisions consistent with the governing
ic	instrument of the MTA Superannuation
V	Fund, are deemed to form part of the

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 3—Government Superannuation Act 1999

s. 9

governing instrument of the MTA

Superannuation Fund.".

ts	(2) After section 42(8)(c) of the Government
n	Superannuation Act 1999 insert—
e	"; and
m	(d) Part 7A of the Transport Superannuation
u
c	Act 1988.".
o	__________________
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Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 10

PART 4—PARLIAMENTARY SALARIES AND

SUPERANNUATION ACT 1968

ts

n 10. New Division 3A inserted in Part II

e	See:	In Part II of the Parliamentary Salaries and
Act No.
m	7723/1968.	Superannuation Act 1968, after Division 3
u	Reprint No. 7	insert—
c	as at
o	31 May 2000

and	'Division 3A—Family Law Provisions
D	amending Act Nos

ry	29/2000,	21CA. Definitions
74/2000,
ta	27/2001,	(1) In this Division—
72/2001 and
n	3/2003.	"approved deposit fund" has the meaning
e	LawToday:

	given by section 10(1) of the
m	dpc.vic.	Commonwealth Superannuation
ia	gov.au
Industry (Supervision) Act 1993;
rl
a	"eligible rollover fund" means a fund
P	within the meaning of section 242 of the Commonwealth Superannuation
d	Industry (Supervision) Act 1993;
n
a	"eligible superannuation plan" means—
n	(a) a regulated superannuation fund;
o
ti	or
la	(b) an approved deposit fund; or
is	(c) an exempt public sector
g	superannuation scheme; or
e
L	(d) an RSA;
n	"exempt public sector superannuation
a	scheme" means a public sector
ri	superannuation scheme within the
to	meaning of section 10(1) of the
ic	Commonwealth Superannuation
V	Industry (Supervision) Act 1993;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 10

"flag lifting agreement" has the meaning given by section 90MN of the

ts	Commonwealth Family Law Act 1975;
n	"flagging order" means an order mentioned
e	in section 90MU(1) of the
m	Commonwealth Family Law Act 1975;
u	"interest" has the meaning given by section
c	90MD of the Commonwealth Family
o	Law Act 1975;
D

"member spouse", in relation to a

ry	superannuation interest, means the
ta	spouse who has the superannuation
n	interest;
e	"non-member spouse", in relation to a
m	superannuation interest, means the
ia	spouse who is not the member spouse
rl	in relation to that interest;
a
P	"payment flag" has the meaning given by section 90MD of the Commonwealth
d
n	Family Law Act 1975;
a	"regulated superannuation fund" means a
n	superannuation fund which complies
o	with section 19 of the Commonwealth
ti	Superannuation Industry (Supervision)
la	Act 1993;
is	"relevant condition of release" means, a
g	condition of release mentioned in item
e	101, 102, 103 or 106 of Schedule 1 to
L	the Commonwealth Superannuation
n	Industry (Supervision) Regulations
a
ri	1994;
to	"reversionary interest" has the meaning
ic	given by section 90MF of the
Commonwealth Family Law Act 1975;
V

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s. 10

"RSA" means a retirement savings account

within the meaning of the
Commonwealth Retirement Savings

ts	Accounts Act 1997;
n
e	"specified period" means the period which
m	is specified to be the specified period in
u	the specified standards;
c	"splitting order" means an order mentioned
o	in section 90MT of the Commonwealth
D	Family Law Act 1975;
ry	"superannuation agreement" has the
ta	meaning given by section 90MH of the
n	Commonwealth Family Law Act 1975;
e	"superannuation fund" has the same
m	meaning as in the Commonwealth
ia	Superannuation Industry (Supervision)
rl	Act 1993;
a
P	"superannuation interest" means an interest that a person has as a member
d
n	of an eligible superannuation plan, but
a	does not include a reversionary interest;
n	"unsplittable interest" has the meaning
o	given by section 90MD of the
ti	Commonwealth Family Law Act 1975;
la	"value at a particular time of the non-
is	member spouse's entitlement in
g	respect of the superannuation
e	interest" means the value as
L	determined in accordance with
n	regulation 14G(8) of the
a
ri	Commonwealth Family Law
to	(Superannuation) Regulations 2001;
ic
V

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s. 10

"value of the member spouse's interest in

the Fund" means the value as
determined in accordance with Part 5 of

ts	the Commonwealth Family Law
n	(Superannuation) Regulations 2001.
e

(2) A reference to the transfer of an amount is to

m

u	be construed as including a reference to the
c	rollover of an amount.
o	21CB. Accrued benefit multiple
D

For the purpose of regulation 65 of the

ry	Commonwealth Family Law
ta	(Superannuation) Regulations 2001, the
n	Parliamentary Trustee on the advice of an
e	actuary appointed by the Parliamentary
m	Trustee may from time to time determine the
ia	accrued benefit multiple.
rl	21CC. Obligation on Parliamentary Trustee
a
P	(1) Subject to sub-sections (5) and (6), the Parliamentary Trustee must comply with this
d
n	section if—

a	(a)	a superannuation agreement which
n	provides for a payment split; or
o
ti	(b)	a flag lifting agreement which provides
la	for a payment split; or

is	(c) a splitting order—
g	is served on the Parliamentary Trustee under
e	Part VIIIB of the Commonwealth Family
L	Law Act 1975.
n
a
ri

(2) This section also applies to—

(a) a superannuation agreement which

to	provides for a payment split; or
ic	(b) a flag lifting agreement which provides
V	for a payment split; or

Superannuation Acts (Family Law) Act 2003

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Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 10

(c) a splitting order—

which was served on the Parliamentary

ts	Trustee under Part VIIIB of the
n	Commonwealth Family Law Act 1975
e	before the commencement of section 10 of
m	the Superannuation Acts (Family Law)
u	Act 2003 if the non-member spouse's
c	entitlements in respect of the superannuation
o	interest have not been satisfied as at that
D	commencement.
ry	(3) If the non-member spouse has not satisfied a
ta	relevant condition of release and the member
spouse is not receiving a pension under this
n
e	Act, the Parliamentary Trustee must if the value of the non-member spouse's
m
ia	entitlement in respect of the superannuation
rl	interest at the particular time does not exceed
the value of the member spouse's interest in
a	the Fund—
P

(a) transfer a lump sum amount equal to

d

n	the value of the non-member spouse's
a	entitlement in respect of the
n	superannuation interest at the time of
o	the payment to an eligible
ti	superannuation plan nominated in
la	writing by the non-member spouse
is	within the specified period; or
g	(b) if the non-member spouse fails to
e	nominate in writing an eligible
L	superannuation plan within the
n	specified period, transfer a lump sum
a
ri	amount equal to the value of the non-
member spouse's entitlement in respect
to	of the superannuation interest at the
ic	time of the payment to an eligible
V	rollover fund selected by the Parliamentary Trustee.

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 10

(4) If the non-member spouse has satisfied a

relevant condition of release or the member spouse is receiving a pension under this Act,

ts	the Parliamentary Trustee must if the value
n	of the non-member spouse's entitlement in
e	respect of the superannuation interest at the
m	particular time does not exceed the value of
u	the member spouse's interest in the Fund—
c
o	(a) if so requested in writing by the non-
D	member spouse within the specified
ry	period, pay the non-member spouse a
lump sum amount equal to the value of
ta	the non-member spouse's entitlement in
n	respect of the superannuation interest at
e	the time of the payment; or
m	(b) if so requested in writing by the non-
ia
rl	member spouse within the specified
period, transfer a lump sum amount
a	equal to the value of the non-member
P	spouse's entitlement in respect of the
d	superannuation interest at the time of
n	the payment to an eligible
a	superannuation plan nominated in
n	writing by the non-member spouse; or
o
ti	(c) if no request is received from the non-
la	member spouse within the specified
is	period, transfer a lump sum amount
equal to the value of the non-member
g
e	spouse's entitlement in respect of the
L	superannuation interest at the time of the payment to an eligible rollover fund
n
a
ri
selected by the Parliamentary Trustee.

(5) Sub-sections (3) and (4) do not apply if—

to	(a) the member spouse's superannuation
ic	interest is an unsplittable interest; or
V

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Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 10

(b) a payment flag is operating in respect of the member spouse's superannuation

ts	interest; or
n	(c) the non-member spouse has served a
e	waiver notice on the Board under
m	section 90MZA of the Commonwealth
u	Family Law Act 1975 in respect of the
c	member spouse's superannuation
o	interest; or
D	(d) the member spouse's superannuation
ry	interest is a payment that is not a
ta	splittable payment under Part 2 of the
Commonwealth Family Law
n
e	(Superannuation) Regulations 2001.
m	(6) If the member spouse's superannuation
ia	interest is a pension under this Act due to a
rl	disability which is a splittable payment, the
a	Parliamentary Trustee may determine that
P	sub-sections (3) and (4) do not apply.
d	(7) If the non-member spouse serves a waiver
n	notice on the Parliamentary Trustee under
a	section 90MZA of the Commonwealth
n	Family Law Act 1975 in respect of the
o
ti	member spouse's superannuation interest, the
Parliamentary Trustee may make a payment
la	to the non-member spouse not exceeding the
is	value at a particular time of the non-member
g	spouse's entitlement in respect of the
e	superannuation interest less any payments
L	previously made by the Parliamentary
n	Trustee to the non-member spouse in
a
ri	accordance with this section.
to	21CD. Reduction of benefit
ic	Despite anything to the contrary in this Act,
if under section 21CC an amount is paid by
V	the Parliamentary Trustee to a non-member

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 10

spouse or transferred by the Parliamentary Trustee on behalf of a non-member spouse, the benefit of a member spouse must be

ts	reduced by the Parliamentary Trustee in
n	accordance with a methodology approved by
e	the Minister, on the advice of an actuary
m	appointed by the Parliamentary Trustee.
u
c	21CE. Parliamentary Trustee may provide
o	additional information
D	On the application of an eligible person
ry	within the meaning of section 90MZB(8) of
ta	the Commonwealth Family Law Act 1975, the Parliamentary Trustee may provide
n
e	information additional to the information required to be provided under section
m
ia	90MZB of that Act if the Parliamentary
rl	Trustee considers that the additional
information is necessary to understand the
a	Fund or the member spouse's benefit
P	entitlements.
d
n	21CF. Commutation rights not affected
a	The entitlement of a person to convert or
n	commute a benefit or pension under this Act
o
ti	is not affected by the making of a payment or
transfer under this Division.
la	21CG. Charging of fees
is
g	(1) The Parliamentary Trustee may charge
e	reasonable fees in respect of—
L	(a) a payment split;
n
a
ri
(b) a payment flag;
(c) flag lifting under a flag lifting
to	agreement that does not provide for a
ic	payment split;
V

Superannuation Acts (Family Law) Act 2003

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Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 10

(d) an order under section 90MM of the Commonwealth Family Law Act 1975 terminating the operation of a payment

ts	flag;
n
e	(e) an application under section 90MZB of
m	the Commonwealth Family Law Act
u	1975 for information about a
c	superannuation interest;
o	(f) any other thing done by the
D	Parliamentary Trustee in relation to a
ry	superannuation interest covered by a
ta	superannuation agreement, flag lifting
agreement or splitting order;
n

e	(g)	the provision of information under
m	section 21CE.

ia	(2) Fees charged under sub-section (1) must not
rl	exceed the maximum levels of fees fixed by
a	the Minister for the purposes of this section
P	by notice published in the Government
d	Gazette.
n
a	(3) If the Parliamentary Trustee charges a fee under sub-section (1), the fee is payable—
n
o	(a) unless paragraph (b) applies, in the case
ti	of sub-section (1)(a), (1)(b), (1)(c),
la	(1)(d) or (1)(f), by the member spouse
is	and the non-member spouse in equal
g	parts; and
e	(b) if the fee is in respect of a payment split
L	under which the non-member spouse is
n	entitled to be paid the whole of the
a
ri	amount of each splittable payment that becomes payable, by the non-member
to	spouse; or
ic	(c) in the case of sub-section (1)(e) or
V	(1)(g), by the person who made the application.'.

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 4—Parliamentary Salaries and Superannuation Act 1968

s. 11

11. Specified standards

(1) In section 24C(1)(a) of the Parliamentary

ts	Salaries and Superannuation Act 1968 after
n	"contributions" insert "and benefits".
e	(2) After section 24C(1)(c) of the Parliamentary
m	Salaries and Superannuation Act 1968 insert—
u
c	"(ca) specify processes and requirements in
o	respect of the administration and operation
D	of Division 3A; and
ry	(cb) specify the benefits and entitlements of non-
ta	members spouses under Division 3A; and".
n	(3) After section 24C(2) of the Parliamentary
e	Salaries and Superannuation Act 1968 insert—
m	"(3) Any Order in Council made before the
ia	enactment of the Superannuation Acts
rl	(Family Law) Act 2003 has force and effect
a	as if it had been made under this section as
P	amended by section 11(1) of that Act.".
d	__________________
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 12

PART 5—STATE EMPLOYEES RETIREMENT BENEFITS

ACT 1979

ts

n 12. Membership of scheme

e	See:	After section 2(5) of the State Employees
Act No.
m	9363/1979.	Retirement Benefits Act 1979 insert—
u	Reprint No. 4
c	as at	"(5A) A person cannot become a member on or
o	28 October

1999 and	after the commencement of section 72 of the
D	amending	Public Sector Superannuation
Act Nos
ry	29/2000,	(Administration) Act 1993.".
74/2000,
ta	95/2000,
27/2001 and
n	73/2001.
e	LawToday:
m	dpc.vic.
ia
rl
gov.au

13. Calculation of benefit

a

P	After section 40(6) of the State Employees Retirement Benefits Act 1979 insert—
d
n	"(7) For the purposes of sub-section (6), if a
a	payment or transfer to a non-member spouse
n	is made for the purposes of Part VIIIB of the
o	Commonwealth Family Law Act 1975
ti	whether under Part IVA or otherwise, the
la	maximum accrued benefit of the member
is	spouse must be adjusted by the Board in
g	accordance with a methodology approved by
e	the Minister, on the advice of an actuary
L	appointed by the Board.".
n	14. Minimum benefit
a
ri	At the end of section 65 of the State Employees
to	Retirement Benefits Act 1979 insert—
ic	"(2) If a payment or transfer to a non-member
V	spouse is made for the purposes of Part VIIIB of the Commonwealth Family Law

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

Act 1975 whether under Part IVA or otherwise, the minimum benefit of the member spouse must be adjusted by the

ts	Board in accordance with a methodology
n	approved by the Minister, on the advice of an
e	actuary appointed by the Board.".
m
u	15. New Part IVA inserted
c	After Part IV of the State Employees Retirement
o	Benefits Act 1979 insert—
D
ry	'PART IVA—FAMILY LAW PROVISIONS
ta	66AA. Definitions
n
e	(1) In this Part—
m	"approved deposit fund" has the meaning
ia	given by section 10(1) of the
rl	Commonwealth Superannuation
a	Industry (Supervision) Act 1993;
P	"eligible rollover fund" means a fund
d	within the meaning of section 242 of
n	the Commonwealth Superannuation
a	Industry (Supervision) Act 1993;
n	"eligible superannuation plan" means—
o
ti	(a) a regulated superannuation fund;
la	or
is	(b) an approved deposit fund; or
g
e	(c) an exempt public sector
L	superannuation scheme; or
n	(d) an RSA;
a
ri	"exempt public sector superannuation
to	scheme" means a public sector superannuation scheme within the
ic	meaning of section 10(1) of the
V	Commonwealth Superannuation Industry (Supervision) Act 1993;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

"flag lifting agreement" has the meaning given by section 90MN of the

ts	Commonwealth Family Law Act 1975;
n	"flagging order" means an order mentioned
e	in section 90MU(1) of the
m	Commonwealth Family Law Act 1975;
u	"interest" has the meaning given by section
c	90MD of the Commonwealth Family
o	Law Act 1975;
D

"member spouse", in relation to a

ry	superannuation interest, means the
ta	spouse who has the superannuation
n	interest;
e	"non-member spouse", in relation to a
m	superannuation interest, means the
ia	spouse who is not the member spouse
rl	in relation to that interest;
a
P	"payment flag" has the meaning given by section 90MD of the Commonwealth
d
n	Family Law Act 1975;
a	"regulated superannuation fund" means a
n	superannuation fund which complies
o	with section 19 of the Commonwealth
ti	Superannuation Industry (Supervision)
la	Act 1993;
is	"relevant condition of release" means, a
g	condition of release mentioned in item
e	101, 102, 103 or 106 of Schedule 1 to
L	the Commonwealth Superannuation
n	Industry (Supervision) Regulations
a
ri	1994;
to	"reversionary interest" has the meaning
ic	given by section 90MF of the
Commonwealth Family Law Act 1975;
V

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Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

"RSA" means a retirement savings account

within the meaning of the
Commonwealth Retirement Savings

ts	Accounts Act 1997;
n
e	"specified period" means the period which
m	is specified to be the specified period in
u	the specified standards;
c	"splitting order" means an order mentioned
o	in section 90MT of the Commonwealth
D	Family Law Act 1975;
ry	"superannuation agreement" has the
ta	meaning given by section 90MH of the
n	Commonwealth Family Law Act 1975;
e	"superannuation fund" has the same
m	meaning as in the Commonwealth
ia	Superannuation Industry (Supervision)
rl	Act 1993;
a
P	"superannuation interest" means an interest that a person has as a member
d
n	of an eligible superannuation plan, but
a	does not include a reversionary interest;
n	"unsplittable interest" has the meaning
o	given by section 90MD of the
ti	Commonwealth Family Law Act 1975;
la	"value at a particular time of the non-
is	member spouse's entitlement in
g	respect of the superannuation
e	interest" means the value as
L	determined in accordance with
n	regulation 14G(8) of the
a
ri	Commonwealth Family Law
to	(Superannuation) Regulations 2001;
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

"value of the member spouse's interest in

the Fund" means the value as
determined in accordance with Part 5 of

ts	the Commonwealth Family Law
n	(Superannuation) Regulations 2001.
e

(2) A reference to the transfer of an amount is to

m

u	be construed as including a reference to the
c	rollover of an amount.
o	66AB. Accrued benefit multiple
D

For the purpose of regulation 65 of the

ry	Commonwealth Family Law
ta	(Superannuation) Regulations 2001, the
n	Board on the advice of an actuary appointed
e	by the Board may from time to time
m	determine the accrued benefit multiple.
ia	66AC. Obligation on Board
rl
a	(1) Subject to sub-sections (5) and (6), the Board
P	must comply with this section if—
d	(a) a superannuation agreement which
n	provides for a payment split; or
a

(b) a flag lifting agreement which provides

n	for a payment split; or
o
ti	(c) a splitting order—
la	is served on the Board under Part VIIIB of
is	the Commonwealth Family Law Act 1975.
g
e	(2) This section also applies to—
L	(a) a superannuation agreement which
n	provides for a payment split; or
a

ri	(b)	a flag lifting agreement which provides
to	for a payment split; or
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

(c) a splitting order—

which was served on the Board under Part

ts	VIIIB of the Commonwealth Family Law
n	Act 1975 before the commencement of
e	section 15 of the Superannuation Acts
m	(Family Law) Act 2003 if the non-member
u	spouse's entitlements in respect of the
c	superannuation interest have not been
o	satisfied as at that commencement.
D	(3) If the non-member spouse has not satisfied a
ry	relevant condition of release and the member
ta	spouse is not receiving a pension under this
Act, the Board must if the value of the non-
n
e	member spouse's entitlement in respect of the superannuation interest at the particular
m
ia	time does not exceed the value of the
rl	member spouse's interest in the Fund—
a	(a) transfer a lump sum amount equal to
P	the value of the non-member spouse's
d	entitlement in respect of the
n	superannuation interest at the time of
a	the payment to an eligible
n	superannuation plan nominated in
o	writing by the non-member spouse
ti	within the specified period; or
la	(b) if the non-member spouse fails to
is	nominate in writing an eligible
g	superannuation plan within the
e	specified period, transfer a lump sum
L	amount equal to the value of the non-
n	member spouse's entitlement in respect
a
ri	of the superannuation interest at the
time of the payment to an eligible
to	rollover fund selected by the Board.
ic	(4) If the non-member spouse has satisfied a
V	relevant condition of release or the member spouse is receiving a pension under this Act,

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

the Board must if the value of the non-
member spouse's entitlement in respect of

the superannuation interest at the particular

ts	time does not exceed the value of the
n	member spouse's interest in the Fund—
e

(a) if so requested in writing by the non-

m

u	member spouse within the specified
c	period, pay the non-member spouse a
o	lump sum amount equal to the value of
D	the non-member spouse's entitlement in
ry	respect of the superannuation interest at the time of the payment; or
ta	(b) if so requested in writing by the non-
n
e	member spouse within the specified period, transfer a lump sum amount
m
ia	equal to the value of the non-member
rl	spouse's entitlement in respect of the superannuation interest at the time of
a	the payment to an eligible
P	superannuation plan nominated in
d	writing by the non-member spouse; or
n
a	(c) if no request is received from the non-
n	member spouse within the specified
o	period, transfer a lump sum amount
ti	equal to the value of the non-member
la	spouse's entitlement in respect of the
is	superannuation interest at the time of
the payment to an eligible rollover fund
g
e	selected by the Board.
L	(5) Sub-sections (3) and (4) do not apply if—
n	(a) the member spouse's superannuation
a
ri	interest is an unsplittable interest; or

to	(b)	a payment flag is operating in respect
ic	of the member spouse's superannuation
interest; or
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

(c) the non-member spouse has served a waiver notice on the Board under section 90MZA of the Commonwealth

ts	Family Law Act 1975 in respect of the
n	member spouse's superannuation
e	interest; or
m
u	(d) the member spouse's superannuation
c	interest is a payment that is not a
o	splittable payment under Part 2 of the
D	Commonwealth Family Law
ry	(Superannuation) Regulations 2001.
ta	(6) If the member spouse's superannuation

interest is a pension under this Act due to a

n

e	disability which is a splittable payment, the Board may determine that sub-sections (3)
m	and (4) do not apply.
ia
rl	(7) If the non-member spouse serves a waiver
a	notice on the Board under section 90MZA of
P	the Commonwealth Family Law Act 1975 in
d	respect of the member spouse's
n	superannuation interest, the Board may make
a	a payment to the non-member spouse not
n	exceeding the value at a particular time of
o	the non-member spouse's entitlement in
ti	respect of the superannuation interest less
la	any payments previously made by the Board
is	to the non-member spouse in accordance
with this section.
g
e	66AD. Reduction of benefit or accrued benefit
L	entitlement
n
a	Despite anything to the contrary in this Act,
ri	if under section 66AC an amount is paid by
to	the Board to a non-member spouse or transferred by the Board on behalf of a non-
ic	member spouse, the benefit or accrued
V	benefit entitlement of a member spouse must be reduced by the Board in accordance with

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

a methodology approved by the Minister, on

the advice of an actuary appointed by the

ts	Board.
n	66AE. Board may provide additional
e	information
m	On the application of an eligible person
u	within the meaning of section 90MZB(8) of
c	the Commonwealth Family Law Act 1975,
o	the Board may provide information
D	additional to the information required to be
ry	provided under section 90MZB of that Act if
ta	the Board considers that the additional
information is necessary to understand the
n
e	Fund or the member spouse's benefit entitlements.
m
ia	66AF. Commutation rights not affected
rl	The entitlement of a person to convert or
a	commute a benefit or pension under this Act
P	is not affected by the making of a payment or
d	transfer under this Part.
n
a	66AG. Charging of fees
n	(1) The Board may charge reasonable fees in
o
ti	respect of—
la	(a) a payment split;
is	(b) a payment flag;
g	(c) flag lifting under a flag lifting
e	agreement that does not provide for a
L	payment split;
n
a	(d) an order under section 90MM of the
ri	Commonwealth Family Law Act 1975
to	terminating the operation of a payment
ic	flag;
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 15

(e) (f) any other thing done by the Board in an application under section 90MZB of 1975 for information about a

ts	superannuation interest;
n
e
m	relation to a superannuation interest
u	covered by a superannuation
c	agreement, flag lifting agreement or
o	splitting order;
D	(g) the provision of information under
ry	section 66AE.
ta	(2) Fees charged under sub-section (1) must not
n	exceed the maximum levels of fees fixed by
e	the Minister for the purposes of this section
m	by notice published in the Government
ia	Gazette.
rl	(3) If the Board charges a fee under sub-section
a	(1), the fee is payable—
P

(a) unless paragraph (b) applies, in the case

d

n	of sub-section (1)(a), (1)(b), (1)(c),
a	(1)(d) or (1)(f), by the member spouse and the non-member spouse in equal
n	parts; or
o
ti	(b) if the fee is in respect of a payment split
la	under which the non-member spouse is
is	entitled to be paid the whole of the
g	amount of each splittable payment that
e	becomes payable, by the non-member
L	spouse; or
n	(c) in the case of sub-section (1)(e) or
a
ri	(1)(g), by the person who made the
to	application.'.
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 16

16. Section 70A substituted

For section 70A of the State Employees

ts	Retirement Benefits Act 1979 substitute—
n	"70A. Assignment or charging of interest
e

(1) Subject to sub-section (2), an interest of a

m

u	member or beneficiary in a benefit under this
c	Act—
o	(a) must not be in any way assigned,
D	charged, attached or passed by
ry	operation of law to any other person;
ta	and
n	(b) is not an asset for the payment of any
e	debt or liability.
m	(2) Sub-section (1) does not apply to or in
ia	respect of any assignment, charge, payment
rl	or transfer permitted expressly or by
a	necessary implication by this Act.".
P

17. Specified standards

d

n	(1) In section 73(1)(a) of the State Employees
a	Retirement Benefits Act 1979 after
n	"contributions" insert "and benefits".
o
ti	(2) After section 73(1)(c) of the State Employees
la	Retirement Benefits Act 1979 insert—
is	"(ca) specify processes and requirements in
g	respect of the administration and operation
e	of Part IVA; and
L	(cb) specify the benefits and entitlements of non-
n	members spouses under Part IVA; and".
a
ri
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 5—State Employees Retirement Benefits Act 1979

s. 17

(3) After section 73(2) of the State Employees Retirement Benefits Act 1979 insert—

ts	"(3) Any Order in Council made before the
n	enactment of the Superannuation Acts
e	(Family Law) Act 2003 has force and effect
m	as if it had been made under this section as
u	amended by section 17(1) of that Act.".
c	__________________
o
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 18

PART 6—STATE SUPERANNUATION ACT 1988

ts 18. Definition of "secondment"

n	See:	In section 3(1) of the State Superannuation Act
e	Act No.
50/1988.	1988, in the definition of "secondment", for
m	Reprint No. 4	"section 51(3) or 90(3)" substitute "section 90A".
u	as at
c	1 July 1999
and
o	amending
D	Act Nos
29/2000,
ry	95/2000,
27/2001 and
ta	73/2001.
LawToday:
n
dpc.vic.
e	gov.au
m

ia	19. What does "partially dependent" mean?
rl	After section 3(1) of the State Superannuation
a	Act 1988 insert—
P	'(1A) For the purpose of the definition of
d	"dependant" in section 3(1), a person was
n	partially dependent on a deceased person if
a	the person benefited from a financial
n	contribution which was not trivial in nature
o
ti	and was to some extent necessary to sustain
la	the basics of life.'.
is	20. Amendment of section 16A
g	(1) In section 16A(6) of the State Superannuation
e	Act 1988, in the definition of "relevant Act", after
L	"1982" insert ", Magistrates' Court Act 1989".
n
a	(2) After section 16A(6) of the State
ri	Superannuation Act 1988 insert—
to	"(7) Part 7A does not apply in respect of the
ic	account.".
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 21

21. Original scheme members

At the end of section 27 of the State

ts	Superannuation Act 1988 insert—
n	"(2) Notwithstanding anything to the contrary in
e	the Superannuation Act 1958, the payment
m	of any benefit under that Act is subject to
u	any relevant specified standards made under
c	section 92A.".
o
D	22. New section 27A inserted
ry	After section 27 of the State Superannuation Act
ta	1988 insert—
n	"27A. Application of Family Law provisions to
e	pensioners
m	(1) The Superannuation Act 1958 as in force
ia	immediately before its repeal continues to
rl	apply in respect of a person who became
a	entitled to receive a pension under that Act
P	subject to this section.
d	(2) For the purposes of this section—
n

a	(a)	the provisions of Part 7A, with such
n	modifications as are necessary to make
o	those provisions consistent with the
ti	Superannuation Act 1958 as in force
la	immediately before its repeal, are
is	deemed to form part of the
g	Superannuation Act 1958; and

e	(b) the Superannuation Act 1958 as in
L	force immediately before its repeal is to
n	be read and construed subject to—
a

ri	(i)	the provisions referred to in
to	paragraph (a); and
ic	(ii)	any relevant specified standards
V	made under section 92A(1)(ca) or 92A(1)(cb).".

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 23

23. Benefit on retirement of new scheme member

After section 52(3) of the State Superannuation

ts	Act 1988 insert—
n	"(4) If a payment or transfer to a non-member
e	spouse is made for the purposes of
m	Part VIIIB of the Commonwealth Family
u	Law Act 1975 whether under Part 7A or
c	otherwise, the maximum accrued retirement
o	benefit of the member spouse must be
D	adjusted by the Board in accordance with a
ry	methodology approved by the Minister, on
ta	the advice of an actuary appointed by the
Board.".
n
e	24. New Part 7A inserted
m	After Part 7 of the State Superannuation Act
ia
rl	1988 insert—
a	'PART 7A—FAMILY LAW PROVISIONS
P

59AA. Definitions

d

n	(1) In this Part—
a
n	"approved deposit fund" has the meaning
o	given by section 10(1) of the
ti	Commonwealth Superannuation
la	Industry (Supervision) Act 1993;
is	"eligible rollover fund" means a fund
g	within the meaning of section 242 of
e	the Commonwealth Superannuation
L	Industry (Supervision) Act 1993;
n	"eligible superannuation plan" means—
a
ri	(a) a regulated superannuation fund;
to	or
ic	(b) an approved deposit fund; or
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

(c) an exempt public sector
superannuation scheme; or

ts	(d) an RSA;
n	"exempt public sector superannuation
e	scheme" means a public sector
m	superannuation scheme within the
u	meaning of section 10(1) of the
c	Commonwealth Superannuation
o	Industry (Supervision) Act 1993;
D

"flag lifting agreement" has the meaning

ry	given by section 90MN of the
ta	Commonwealth Family Law Act 1975;
n	"flagging order" means an order mentioned
e	in section 90MU(1) of the
m	Commonwealth Family Law Act 1975;
ia
rl	"interest" has the meaning given by section
a	90MD of the Commonwealth Family
P	Law Act 1975;
d	"member spouse", in relation to a
n	superannuation interest, means the
a	spouse who has the superannuation
n	interest;
o
ti	"non-member spouse", in relation to a
la	superannuation interest, means the
spouse who is not the member spouse
is	in relation to that interest;
g
e	"payment flag" has the meaning given by
L	section 90MD of the Commonwealth
n	Family Law Act 1975;
a
ri	"regulated superannuation fund" means a

superannuation fund which complies

to	with section 19 of the Commonwealth
ic	Superannuation Industry (Supervision)
V	Act 1993;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

"relevant condition of release" means, a

condition of release mentioned in
item 101, 102, 103 or 106 of

ts	Schedule 1 to the Commonwealth
n	Superannuation Industry (Supervision)
e	Regulations 1994;
m
u	"reversionary interest" has the meaning
c	given by section 90MF of the
o	Commonwealth Family Law Act 1975;
D	"RSA" means a retirement savings account
ry	within the meaning of the
ta	Commonwealth Retirement Savings
Accounts Act 1997;
n
e	"specified period" means the period which
m	is specified to be the specified period in
ia	the specified standards;
rl	"splitting order" means an order mentioned
a	in section 90MT of the Commonwealth
P	Family Law Act 1975;
d
n	"superannuation agreement" has the
a	meaning given by section 90MH of the Commonwealth Family Law Act 1975;
n
o	"superannuation fund" has the same
ti	meaning as in the Commonwealth
la	Superannuation Industry (Supervision)
is	Act 1993;
g	"superannuation interest" means an
e	interest that a person has as a member
L	of an eligible superannuation plan, but
n	does not include a reversionary interest;
a
ri	"unsplittable interest" has the meaning
to	given by section 90MD of the
ic	Commonwealth Family Law Act 1975;
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

"value at a particular time of the non-

member spouse's entitlement in
respect of the superannuation

ts	interest" means the value as
n	determined in accordance with
e	regulation 14G(8) of the
m	Commonwealth Family Law
u	(Superannuation) Regulations 2001;
c
o	"value of the member spouse's interest in
D	the Fund" means the value as
ry	determined in accordance with Part 5 of
the Commonwealth Family Law
ta	(Superannuation) Regulations 2001.
n	(2) A reference to the transfer of an amount is to be construed as including a reference to the
e
m	rollover of an amount.
ia
rl	59AB. Accrued benefit multiple
a	For the purpose of regulation 65 of the
P	Commonwealth Family Law
d	(Superannuation) Regulations 2001, the
n	Board on the advice of an actuary appointed
a	by the Board may from time to time
n	determine the accrued benefit multiple.
o
ti	59AC. Obligation on Board
la	(1) Subject to sub-sections (5) and (6), the Board
is	must comply with this section if—
g	(a) a superannuation agreement which
e
L	provides for a payment split; or

(b) a flag lifting agreement which provides

n

for a payment split; or

a
ri

(c) a splitting order—

to	is served on the Board under Part VIIIB of
ic	the Commonwealth Family Law Act 1975.
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

(2) This section also applies to—

(a) a superannuation agreement which

ts	provides for a payment split; or
n	(b) a flag lifting agreement which provides
e	for a payment split; or
m	(c) a splitting order—
u
c	which was served on the Board under
o	Part VIIIB of the Commonwealth Family
D	Law Act 1975 before the commencement of
ry	section 24 of the Superannuation Acts
ta	spouse's entitlements in respect of the
(Family Law) Act 2003 if the non-member
n	superannuation interest have not been
e	satisfied as at that commencement.
m
ia	(3) If the non-member spouse has not satisfied a
rl	relevant condition of release and the member
a	spouse is not receiving a pension under this
P	Act, the Board must if the value of the non- member spouse's entitlement in respect of
d
n	the superannuation interest at the particular
a	time does not exceed the value of the member spouse's interest in the Fund—
n
o	(a) transfer a lump sum amount equal to
ti	the value of the non-member spouse's
la	entitlement in respect of the
is	superannuation interest at the time of
g	the payment to an eligible
e	superannuation plan nominated in
L	writing by the non-member spouse
n	within the specified period; or
a

ri	(b)	if the non-member spouse fails to nominate in writing an eligible
to	superannuation plan within the
ic	specified period, transfer a lump sum
V	amount equal to the value of the non- member spouse's entitlement in respect

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

of the superannuation interest at the

time of the payment to an eligible

ts	rollover fund selected by the Board.
n	(4) If the non-member spouse has satisfied a
e	relevant condition of release or the member
m	spouse is receiving a pension under this Act,
u	the Board must if the value of the non-
c	member spouse's entitlement in respect of
o	the superannuation interest at the particular
D	time does not exceed the value of the
ry	member spouse's interest in the Fund—
ta	(a) if so requested in writing by the non-

member spouse within the specified

n

e	period, pay the non-member spouse a lump sum amount equal to the value of
m
ia	the non-member spouse's entitlement in
rl	respect of the superannuation interest at the time of the payment; or
a
P	(b) if so requested in writing by the non-
d	member spouse within the specified
n	period, transfer a lump sum amount
a	equal to the value of the non-member
n	spouse's entitlement in respect of the
o	superannuation interest at the time of
ti	the payment to an eligible
la	superannuation plan nominated in
is	writing by the non-member spouse; or
g	(c) if no request is received from the non-
e	member spouse within the specified
L	period, transfer a lump sum amount
n	equal to the value of the non-member
a
ri	spouse's entitlement in respect of the
superannuation interest at the time of
to	the payment to an eligible rollover fund
ic	selected by the Board.
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

(5) Sub-sections (3) and (4) do not apply if—

(a) the member spouse's superannuation

ts	interest is an unsplittable interest; or
n	(b) a payment flag is operating in respect
e	of the member spouse's superannuation
m	interest; or
u
c	(c) the non-member spouse has served a
o	waiver notice on the Board under
D	section 90MZA of the Commonwealth Family Law Act 1975 in respect of the
ry	member spouse's superannuation
ta	interest; or
n	(d) the member spouse's superannuation
e	interest is a payment that is not a
m	splittable payment under Part 2 of the
ia	Commonwealth Family Law
rl	(Superannuation) Regulations 2001.
a
P	(6) If the member spouse's superannuation interest is a pension under this Act due to a
d
n	disability which is a splittable payment, the
a	Board may determine that sub-sections (3) and (4) do not apply.
n
o	(7) If the non-member spouse serves a waiver
ti	notice on the Board under section 90MZA of
la	the Commonwealth Family Law Act 1975 in
is	respect of the member spouse's
g	superannuation interest, the Board may make
e	a payment to the non-member spouse not
L	exceeding the value at a particular time of
n	the non-member spouse's entitlement in
a	respect of the superannuation interest less
ri	any payments previously made by the Board
to	to the non-member spouse in accordance
ic	with this section.
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

59AD. Reduction of benefit or accrued benefit

entitlement

ts	Despite anything to the contrary in this Act,
n	if under section 59AC an amount is paid by
e	the Board to a non-member spouse or
m	transferred by the Board on behalf of a non-
u	member spouse, the benefit or accrued
c	benefit entitlement of a member spouse must
o	be reduced by the Board in accordance with
D	a methodology approved by the Minister, on
ry	the advice of an actuary appointed by the
Board.
ta	59AE. Board may provide additional
n
e	information
m	On the application of an eligible person
ia	within the meaning of section 90MZB(8) of
rl	the Commonwealth Family Law Act 1975,
a	the Board may provide information
P	additional to the information required to be
d	provided under section 90MZB of that Act if
n	the Board considers that the additional
a	information is necessary to understand the Fund or the member spouse's benefit
n	entitlements.
o
ti	59AF. Commutation rights not affected
la	The entitlement of a person to convert or
is	commute a benefit or pension under this Act
g
e	is not affected by the making of a payment or
L	transfer under this Part.
n	59AG. Charging of fees
a
ri	(1) The Board may charge reasonable fees in
to	respect of—
ic	(a) a payment split;
V	(b) a payment flag;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 24

(c) flag lifting under a flag lifting agreement that does not provide for a

ts	payment split;
n	(d) an order under section 90MM of the
e	Commonwealth Family Law Act 1975
m	terminating the operation of a payment
u	flag;
c	(e) an application under section 90MZB of
o	the Commonwealth Family Law Act
D	1975 for information about a
ry	superannuation interest;

ta	(f)	any other thing done by the Board in
n	relation to a superannuation interest
e	covered by a superannuation
m	agreement, flag lifting agreement or
ia	splitting order;

rl	(g) the provision of information under
a	section 59AE.
P

(2) Fees charged under sub-section (1) must not

d

n	exceed the maximum levels of fees fixed by
a	the Minister for the purposes of this section by notice published in the Government
n	Gazette.
o
ti	(3) If the Board charges a fee under sub-section
la	(1), the fee is payable—
is	(a) unless paragraph (b) applies, in the case
g	of sub-section (1)(a), (1)(b), (1)(c),
e	(1)(d) or (1)(f), by the member spouse
L	and the non-member spouse in equal
n	parts; or
a
ri	(b) if the fee is in respect of a payment split
to	under which the non-member spouse is
ic	entitled to be paid the whole of the amount of each splittable payment that
V	becomes payable, by the non-member spouse; or

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 25

(c) in the case of sub-section (1)(e) or (1)(g), by the person who made the

ts	application.'.
n	25. Members of approved superannuation schemes
e	After section 69(6) of the State Superannuation
m	Act 1988 insert—
u
c	"(6A) For the purposes of sub-section (6), if a
o	payment or transfer to a non-member spouse
D	is made for the purposes of Part VIIIB of the Commonwealth Family Law Act 1975
ry	whether under Part 7A or otherwise, the
ta	aggregate benefits of the member spouse
n	must be adjusted by the Board in accordance
e	with a methodology approved by the
m	Minister, on the advice of an actuary
ia	appointed by the Board.".
rl	26. Minimum benefit
a
P	After section 71(1C) of the State Superannuation Act 1988 insert—
d
n	"(2) For the purposes of sub-section (1), if a
a	payment or transfer to a non-member spouse
n	is made for the purposes of Part VIIIB of the
o	Commonwealth Family Law Act 1975
ti	whether under Part 7A or otherwise, the
la	minimum benefit of the member spouse must
is	be adjusted by the Board in accordance with
g	a methodology approved by the Minister, on
e	the advice of an actuary appointed by the
L	Board.".
n	27. Amendment of section 77B
a
ri	In section 77B(8) of the State Superannuation
to	Act 1988 for "under section 2 of the Penalty
ic	Interest Rates Act 1983" substitute "by the
Board based on the Treasury bond rate (within the
V	meaning of section 16 of the Commonwealth

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 28

Superannuation Contributions Tax (Assessment

and Collection) Act 1997)".

ts	28. Section 88 substituted
n	For section 88 of the State Superannuation Act
e	1988 substitute—
m	"88. Assignment or charging of interest
u
c	(1) Subject to sub-section (2), an interest of a
o	member or beneficiary in a benefit under this
D	Act—
ry	(a) must not be in any way assigned,
ta	charged, attached or passed by
n	operation of law to any other person;
e	and
m	(b) is not an asset for the payment of any
ia	debt or liability.
rl	(2) Sub-section (1) does not apply to or in
a
P	respect of any assignment, charge, payment or transfer permitted expressly or by
d	necessary implication by this Act.".
n
a	29. Specified standards
n	(1) In section 92A(1)(a) of the State Superannuation
o
ti	Act 1988 after "contributions" insert "and
la	benefits".
is	(2) After section 92A(1)(c) of the State
g	Superannuation Act 1988 insert—
e	"(ca) specify processes and requirements in
L	respect of the administration and operation
n	of Part 7A; and
a
ri	(cb) specify the benefits and entitlements of non-
to	members spouses under Part 7A; and".
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 30

(3) After section 92A(2) of the State

Superannuation Act 1988 insert—

ts	"(3) Any Order in Council made before the
n	enactment of the Superannuation Acts
e	(Family Law) Act 2003 has force and effect
m	as if it had been made under this section as
u	amended by section 29(1) of that Act.".
c	30. MWCESF
o
D	After section 94(1F) of the State Superannuation
ry	Act 1988 insert—
ta	"(1G) Sub-section (1A) is subject to the provisions

of Part 7A.

n

e	(1H) For the purposes of sub-section (1G), the
m	provisions of Part 7A with such
ia	modifications as are necessary to make those
rl	provisions consistent with the governing
a	instrument of the Melbourne Water
P	Corporation Employees' Superannuation Fund are deemed to form part of the
d
n	governing instrument of the Melbourne
a	Water Corporation Employees' Superannuation Fund.".
n
o	31. Water Industry Superannuation Fund
ti
la	After section 96(4) of the State Superannuation
is	Act 1988 insert—

"(4A) Sub-section (3) is subject to the provisions of

g

e	Part 7A.
L	(4B) For the purposes of sub-section (4A), the
n	provisions of Part 7A with such
a
ri	modifications as are necessary to make those
provisions consistent with the governing
to	instrument of the Water Industry
ic	Superannuation Fund are deemed to form
V	part of the governing instrument of the Water Industry Superannuation Fund.".

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 6—State Superannuation Act 1988

s. 32

32. Port of Melbourne Authority Superannuation Fund

After section 101(1A) of the State

ts	Superannuation Act 1988 insert—
n	"(1B) Sub-section (1) is subject to the provisions of
e	Part 7A.
m	(1C) For the purposes of sub-section (1B), the
u
c	provisions of Part 7A with such
o	modifications as are necessary to make those
D	provisions consistent with the governing instrument of the Port of Melbourne
ry	Authority Superannuation Fund are deemed
ta	to form part of the governing instrument of
n	the Port of Melbourne Authority
e	Superannuation Fund.".
m	__________________
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 7—Superannuation (Portability) Act 1989

s. 33

PART 7—SUPERANNUATION (PORTABILITY) ACT 1989

ts	33. New definitions inserted
n	See:
e	After section 3(3) of the Superannuation

Act No.

(Portability) Act 1989 insert— 14/1989.

m Reprint No. 3

u	'(4) In this Act—	as at
c	31 May 2000
o	"approved deposit fund" has the meaning	and
amending
D	given by section 10(1) of the	Act Nos
Commonwealth Superannuation	95/2000 and
ry	27/2001.
Industry (Supervision) Act 1993;	LawToday:
ta

"eligible rollover fund" means a fund dpc.vic.

n	within the meaning of section 242 of	gov.au
e	the Commonwealth Superannuation
m	Industry (Supervision) Act 1993;
ia

rl	"eligible superannuation plan" means—
a	(a) a regulated superannuation fund;
P	or
d	(b) an approved deposit fund; or
n
a	(c) an exempt public sector
n	superannuation scheme; or
o
ti	(d) an RSA;
la	"exempt public sector superannuation

scheme" means a public sector

is	superannuation scheme within the
g
e	meaning of section 10(1) of the
L	Commonwealth Superannuation Industry (Supervision) Act 1993;
n
a	"flag lifting agreement" has the meaning
ri	given by section 90MN of the
to	Commonwealth Family Law Act 1975;
ic	"flagging order" means an order mentioned
V	in section 90MU(1) of the Commonwealth Family Law Act 1975;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 7—Superannuation (Portability) Act 1989

s. 33

"interest" has the meaning given by section 90MD of the Commonwealth Family

ts	Law Act 1975;
n	"member spouse", in relation to a
e	superannuation interest, means the
m	spouse who has the superannuation
u	interest;
c	"non-member spouse", in relation to a
o	superannuation interest, means the
D	spouse who is not the member spouse
ry	in relation to that interest;
ta	"payment flag" has the meaning given by
n	section 90MD of the Commonwealth
e	Family Law Act 1975;
m	"regulated superannuation fund" means a
ia	superannuation fund which complies
rl	with section 19 of the Commonwealth
a	Superannuation Industry (Supervision)
P	Act 1993;
d
n	"relevant condition of release" means, a
a	condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to
n
o	the Commonwealth Superannuation
ti	Industry (Supervision) Regulations
la	1994;
is	"reversionary interest" has the meaning
g	given by section 90MF of the
e	Commonwealth Family Law Act 1975;
L	"RSA" means a retirement savings account
n	within the meaning of the
a
ri	Commonwealth Retirement Savings
to	Accounts Act 1997;
ic	"specified period" means the period which

is specified to be the specified period in

V the specified standards;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 7—Superannuation (Portability) Act 1989

s. 33

"splitting order" means an order mentioned

in section 90MT of the Commonwealth

ts	Family Law Act 1975;
n	"superannuation agreement" has the
e	meaning given by section 90MH of the
m	Commonwealth Family Law Act 1975;
u	"superannuation fund" has the same
c	meaning as in the Commonwealth
o	Superannuation Industry (Supervision)
D	Act 1993;
ry	"superannuation interest" means an
ta	interest that a person has in the
n	statutory superannuation fund, but does
e	not include a reversionary interest;
m	"unsplittable interest" has the meaning
ia	given by section 90MD of the
rl	Commonwealth Family Law Act 1975;
a
P	"value at a particular time of the non- member spouse's entitlement in
d
n	respect of the superannuation
a	interest" means the value as determined in accordance with
n
o	regulation 14G(8) of the
ti	Commonwealth Family Law
la	(Superannuation) Regulations 2001;
is	"value of the member spouse's interest in
g	the statutory superannuation fund"
e	means the value as determined in
L	accordance with Part 5 of the
n	Commonwealth Family Law
a
ri	(Superannuation) Regulations 2001.

(5) A reference to the transfer of an amount is to

to	be construed as including a reference to the
ic	rollover of an amount.'.
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 7—Superannuation (Portability) Act 1989

s. 34

34. Family Law provisions

After section 9 of the Superannuation

ts	(Portability) Act 1989 insert—
n	"9AA. Obligation on administrators
e

(1) Subject to sub-sections (5) and (6), the

m

u	administrators must comply with this section
c	if—
o	(a) a superannuation agreement which
D	provides for a payment split; or
ry	(b) a flag lifting agreement which provides
ta	for a payment split; or
n	(c) a splitting order—
e
m	is served on the administrators under Part
ia	VIIIB of the Commonwealth Family Law
rl	Act 1975.
a	(2) This section also applies to—
P	(a) a superannuation agreement which
d	provides for a payment split; or
n
a	(b) a flag lifting agreement which provides
n	for a payment split; or
o
ti	(c) a splitting order—
la	which was served on the administrators
is	under Part VIIIB of the Commonwealth Family Law Act 1975 before the
g
e	commencement of section 34 of the
L	Superannuation Acts (Family Law) Act 2003 if the non-member spouse's
n
a	entitlements in respect of the superannuation
ri	interest have not been satisfied as at that
to	commencement.
ic
V

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s. 34

(3) If the non-member spouse has not satisfied a relevant condition of release and the member spouse is not receiving a pension under this

ts	Act, the administrators must if the value of
n	the non-member spouse's entitlement in
e	respect of the superannuation interest at the
m	particular time does not exceed the value of
u	the member spouse's interest in the statutory
c
o	superannuation fund—

D	(a)	transfer a lump sum amount equal to
ry	the value of the non-member spouse's
entitlement in respect of the
ta	superannuation interest at the time of
n	the payment to an eligible
e	superannuation plan nominated in
m	writing by the non-member spouse
ia	within the specified period; or

rl	(b) if the non-member spouse fails to
a	nominate in writing an eligible
P	superannuation plan within the
d	specified period, transfer a lump sum
n	amount equal to the value of the non-
a	member spouse's entitlement in respect
n	of the superannuation interest at the
o
ti	time of the payment to an eligible
rollover fund selected by the
la	administrators.
is	(4) If the non-member spouse has satisfied a
g
e	relevant condition of release or the member
L	spouse is receiving a pension under this Act, the administrators must if the value of the
n
a	non-member spouse's entitlement in respect
ri	of the superannuation interest at the
to	particular time does not exceed the value of
the member spouse's interest in the statutory
ic	superannuation fund—
V

Superannuation Acts (Family Law) Act 2003

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Part 7—Superannuation (Portability) Act 1989

s. 34

(a) if so requested in writing by the non- member spouse within the specified period, pay the non-member spouse a

ts	lump sum amount equal to the value of
n	the non-member spouse's entitlement in
e	respect of the superannuation interest at
m	the time of the payment; or
u
c	(b) if so requested in writing by the non-
o	member spouse within the specified
D	period, transfer a lump sum amount
ry	equal to the value of the non-member
spouse's entitlement in respect of the
ta	superannuation interest at the time of
n	the payment to an eligible
e	superannuation plan nominated in
m	writing by the non-member spouse; or
ia
rl	(c) if no request is received from the non-

member spouse within the specified

a	period, transfer a lump sum amount
P	equal to the value of the non-member
d	spouse's entitlement in respect of the
n	superannuation interest at the time of
a	the payment to an eligible rollover fund
n	selected by the administrators.
o
ti	(5) Sub-sections (3) and (4) do not apply if—
la	(a) the member spouse's superannuation
is	interest is an unsplittable interest; or
g	(b) a payment flag is operating in respect
e
L	of the member spouse's superannuation interest; or
n
a	(c) the non-member spouse has served a
ri	waiver notice on the administrators
to	under section 90MZA of the
ic	Commonwealth Family Law Act 1975
in respect of the member spouse's
V	superannuation interest; or

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 7—Superannuation (Portability) Act 1989

s. 34

(d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the

ts	Commonwealth Family Law
n	(Superannuation) Regulations 2001.
e

(6) If the member spouse's superannuation

m

u	interest is a pension under this Act due to a
c	disability which is a splittable payment, the
o	administrators may determine that sub-
D	sections (3) and (4) do not apply.
ry	(7) If the non-member spouse serves a waiver
ta	notice on the administrators under section
90MZA of the Commonwealth Family Law
n
e	Act 1975 in respect of the member spouse's superannuation interest, the administrators
m
ia	may make a payment to the non-member
rl	spouse not exceeding the value at a particular
time of the non-member spouse's entitlement
a	in respect of the superannuation interest less
P	any payments previously made by the
d	administrators to the non-member spouse in
n	accordance with this section.
a

9AB. Reduction of deferred retirement benefit

n

o	or transfer amount
ti	Despite anything to the contrary in this Act,
la	if under section 9AA an amount is paid by
is	the administrators to a non-member spouse
g	or transferred by the administrators on behalf
e	of a non-member spouse, the deferred
L	retirement benefit or transfer amount of a
n	member spouse must be reduced by the
a
ri	administrators in accordance with a
methodology approved by the Minister, on
to	the advice of an actuary appointed by the
ic	administrators.
V

Superannuation Acts (Family Law) Act 2003

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Part 7—Superannuation (Portability) Act 1989

s. 34

9AC. Administrators may provide additional

information

ts	On the application of an eligible person
n	within the meaning of section 90MZB(8) of
e	the Commonwealth Family Law Act 1975,
m	the administrators may provide information
u	additional to the information required to be
c	provided under section 90MZB of that Act if
o	the administrators consider that the
D	additional information is necessary to
ry	understand the statutory superannuation fund
or the member spouse's benefit entitlements.
ta	9AD. Charging of fees
n
e	(1) The administrators may charge reasonable
m	fees in respect of—
ia	(a) a payment split;
rl
a	(b) a payment flag;
P	(c) flag lifting under a flag lifting
d	agreement that does not provide for a
n	payment split;
a

(d) an order under section 90MM of the

n	Commonwealth Family Law Act 1975
o
ti	terminating the operation of a payment
la	flag;

is	(e)	an application under section 90MZB of
g	the Commonwealth Family Law Act
e	1975 for information about a
L	superannuation interest;

n	(f) any other thing done by the Board in
a
ri	relation to a superannuation interest
covered by a superannuation
to	agreement, flag lifting agreement or
ic	splitting order;

V (g) the provision of information under section 9AC.

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 7—Superannuation (Portability) Act 1989

s. 34

(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by

the Minister for the purposes of this section

ts	by notice published in the Government
n	Gazette.
e

(3) If the administrators charge a fee under sub-

m

u	section (1), the fee is payable—
c	(a) unless paragraph (b) applies, in the case
o	of sub-section (1)(a), (1)(b), (1)(c),
D	(1)(d) or (1)(f), by the member spouse
ry	and the non-member spouse in equal
ta	parts; or
n	(b) if the fee is in respect of a payment split
e	under which the non-member spouse is
m	entitled to be paid the whole of the
ia	amount of each splittable payment that
rl	becomes payable, by the non-member
a	spouse; or
P	(c) in the case of sub-section (1)(e) or
d	(1)(g), by the person who made the
n	application.".
a

__________________

n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 35

PART 8—TRANSPORT SUPERANNUATION ACT 1988

ts 35. What does "partially dependent" mean?

n	See:	After section 3(2) of the Transport
e	Act No.
33/1988.	Superannuation Act 1988 insert—
m	Reprint No. 3
u	as at	'(2A) For the purpose of the definition of
c	1 July 1999

and	"dependant" in section 3(1), a person was
o	amending	partially dependent on a deceased person if
D	Act Nos
29/2000,	the person benefited from a financial
ry	95/2000,
27/2001 and	contribution which was not trivial in nature and was to some extent necessary to sustain
ta	54/2001.
LawToday:	the basics of life.'.
n
e
dpc.vic.
gov.au
m
ia
rl	36. Benefit on retirement
a	After section 29(2) of the Transport
P	Superannuation Act 1988 insert—
d	"(2A) If a payment or transfer to a non-member
n	spouse is made for the purposes of
a	Part VIIIB of the Commonwealth Family
n	Law Act 1975 whether under Part 7A or
o	otherwise, the maximum accrued retirement
ti	benefit of the member spouse must be
la	adjusted by the Board in accordance with a
is	methodology approved by the Minister, on
g	the advice of an actuary appointed by the
e	Board.".
L

37. Minimum benefit

n

a	After section 35A(2) of the Transport
ri	Superannuation Act 1988 insert—
to	"(2A) For the purposes of sub-section (2), if a
ic	payment or transfer to a non-member spouse
V	is made for the purposes of Part VIIIB of the Commonwealth Family Law Act 1975

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

whether under Part 7A or otherwise, the
minimum benefit of the member spouse must

be adjusted by the Board in accordance with

ts	a methodology approved by the Minister, on
n	the advice of an actuary appointed by the
e	Board.".
m
u	38. New Part 7A inserted
c	After Part 7 of the Transport Superannuation
o	Act 1988 insert—
D
ry	'PART 7A—FAMILY LAW PROVISIONS
ta	36AA. Definitions
n
e	(1) In this Part—
m	"approved deposit fund" has the meaning
ia	given by section 10(1) of the
rl	Commonwealth Superannuation
a	Industry (Supervision) Act 1993;
P	"eligible rollover fund" means a fund
d	within the meaning of section 242 of
n	the Commonwealth Superannuation
a	Industry (Supervision) Act 1993;
n	"eligible superannuation plan" means—
o
ti	(a) a regulated superannuation fund;
la	or
is	(b) an approved deposit fund; or
g
e	(c) an exempt public sector
L	superannuation scheme; or
n	(d) an RSA;
a
ri	"exempt public sector superannuation
to	scheme" means a public sector superannuation scheme within the
ic	meaning of section 10(1) of the
V	Commonwealth Superannuation Industry (Supervision) Act 1993;

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

"flag lifting agreement" has the meaning given by section 90MN of the

ts	Commonwealth Family Law Act 1975;
n	"flagging order" means an order mentioned
e	in section 90MU(1) of the
m	Commonwealth Family Law Act 1975;
u	"interest" has the meaning given by section
c	90MD of the Commonwealth Family
o	Law Act 1975;
D

"member spouse", in relation to a

ry	superannuation interest, means the
ta	spouse who has the superannuation
n	interest;
e	"non-member spouse", in relation to a
m	superannuation interest, means the
ia	spouse who is not the member spouse
rl	in relation to that interest;
a
P	"payment flag" has the meaning given by section 90MD of the Commonwealth
d
n	Family Law Act 1975;
a	"regulated superannuation fund" means a
n	superannuation fund which complies
o	with section 19 of the Commonwealth
ti	Superannuation Industry (Supervision)
la	Act 1993;
is	"relevant condition of release" means, a
g	condition of release mentioned in item
e	101, 102, 103 or 106 of Schedule 1 to
L	the Commonwealth Superannuation
n	Industry (Supervision) Regulations
a
ri	1994;
to	"reversionary interest" has the meaning
ic	given by section 90MF of the
Commonwealth Family Law Act 1975;
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

"RSA" means a retirement savings account

within the meaning of the
Commonwealth Retirement Savings

ts	Accounts Act 1997;
n
e	"specified period" means the period which
m	is specified to be the specified period in
u	the specified standards;
c	"splitting order" means an order mentioned
o	in section 90MT of the Commonwealth
D	Family Law Act 1975;
ry	"superannuation agreement" has the
ta	meaning given by section 90MH of the
n	Commonwealth Family Law Act 1975;
e	"superannuation fund" has the same
m	meaning as in the Commonwealth
ia	Superannuation Industry (Supervision)
rl	Act 1993;
a
P	"superannuation interest" means an interest that a person has as a member
d
n	of an eligible superannuation plan, but
a	does not include a reversionary interest;
n	"unsplittable interest" has the meaning
o	given by section 90MD of the
ti	Commonwealth Family Law Act 1975;
la	"value at a particular time of the non-
is	member spouse's entitlement in
g	respect of the superannuation
e	interest" means the value as
L	determined in accordance with
n	regulation 14G(8) of the
a
ri	Commonwealth Family Law
to	(Superannuation) Regulations 2001;
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

"value of the member spouse's interest in

the Fund" means the value as
determined in accordance with Part 5 of

ts	the Commonwealth Family Law
n	(Superannuation) Regulations 2001.
e

(2) A reference to the transfer of an amount is to

m

u	be construed as including a reference to the
c	rollover of an amount.
o	36AB. Accrued benefit multiple
D

For the purpose of regulation 65 of the

ry	Commonwealth Family Law
ta	(Superannuation) Regulations 2001, the
n	Board on the advice of an actuary appointed
e	by the Board may from time to time
m	determine the accrued benefit multiple.
ia	36AC. Obligation on Board
rl
a	(1) Subject to sub-sections (5) and (6), the Board
P	must comply with this section if—
d	(a) a superannuation agreement which
n	provides for a payment split; or
a

(b) a flag lifting agreement which provides

n	for a payment split; or
o
ti	(c) a splitting order—
la	is served on the Board under Part VIIIB of
is	the Commonwealth Family Law Act 1975.
g
e	(2) This section also applies to—
L	(a) a superannuation agreement which
n	provides for a payment split; or
a

ri	(b)	a flag lifting agreement which provides
to	for a payment split; or
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

(c) a splitting order—

which was served on the Board under

ts	Part VIIIB of the Commonwealth Family
n	Law Act 1975 before the commencement of
e	section 38 of the Superannuation Acts
m	(Family Law) Act 2003 if the non-member
u	spouse's entitlements in respect of the
c	superannuation interest have not been
o	satisfied as at that commencement.
D	(3) If the non-member spouse has not satisfied a
ry	relevant condition of release and the member
ta	spouse is not receiving a pension under this
Act, the Board must if the value of the non-
n
e	member spouse's entitlement in respect of the superannuation interest at the particular
m
ia	time does not exceed the value of the
rl	member spouse's interest in the Fund—
a	(a) transfer a lump sum amount equal to
P	the value of the non-member spouse's
d	entitlement in respect of the
n	superannuation interest at the time of
a	the payment to an eligible
n	superannuation plan nominated in
o	writing by the non-member spouse
ti	within the specified period; or
la	(b) if the non-member spouse fails to
is	nominate in writing an eligible
g	superannuation plan within the
e	specified period, transfer a lump sum
L	amount equal to the value of the non-
n	member spouse's entitlement in respect
a
ri	of the superannuation interest at the
time of the payment to an eligible
to	rollover fund selected by the Board.
ic	(4) If the non-member spouse has satisfied a
V	relevant condition of release or the member spouse is receiving a pension under this Act,

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

the Board must if the value of the non-
member spouse's entitlement in respect of

the superannuation interest at the particular

ts	time does not exceed the value of the
n	member spouse's interest in the Fund—
e

(a) if so requested in writing by the non-

m

u	member spouse within the specified
c	period, pay the non-member spouse a
o	lump sum amount equal to the value of
D	the non-member spouse's entitlement in
ry	respect of the superannuation interest at the time of the payment; or
ta	(b) if so requested in writing by the non-
n
e	member spouse within the specified period, transfer a lump sum amount
m
ia	equal to the value of the non-member
rl	spouse's entitlement in respect of the superannuation interest at the time of
a	the payment to an eligible
P	superannuation plan nominated in
d	writing by the non-member spouse; or
n
a	(c) if no request is received from the non-
n	member spouse within the specified
o	period, transfer a lump sum amount
ti	equal to the value of the non-member
la	spouse's entitlement in respect of the
is	superannuation interest at the time of
the payment to an eligible rollover fund
g
e	selected by the Board.
L	(5) Sub-sections (3) and (4) do not apply if—
n	(a) the member spouse's superannuation
a
ri	interest is an unsplittable interest; or

to	(b)	a payment flag is operating in respect
ic	of the member spouse's superannuation
interest; or
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

(c) the non-member spouse has served a waiver notice on the Board under section 90MZA of the Commonwealth

ts	Family Law Act 1975 in respect of the
n	member spouse's superannuation
e	interest; or
m
u	(d) the member spouse's superannuation
c	interest is a payment that is not a
o	splittable payment under Part 2 of the
D	Commonwealth Family Law
ry	(Superannuation) Regulations 2001.
ta	(6) If the member spouse's superannuation

interest is a pension under this Act due to a

n

e	disability which is a splittable payment, the Board may determine that sub-sections (3)
m	and (4) do not apply.
ia
rl	(7) If the non-member spouse serves a waiver
a	notice on the Board under section 90MZA of
P	the Commonwealth Family Law Act 1975 in
d	respect of the member spouse's
n	superannuation interest, the Board may make
a	a payment to the non-member spouse not
n	exceeding the value at a particular time of
o	the non-member spouse's entitlement in
ti	respect of the superannuation interest less
la	any payments previously made by the Board
is	to the non-member spouse in accordance
with this section.
g
e	36AD. Reduction of benefit or accrued benefit
L	entitlement
n
a	Despite anything to the contrary in this Act,
ri	if under section 36AC an amount is paid by
to	the Board to a non-member spouse or transferred by the Board on behalf of a non-
ic	member spouse, the benefit or accrued
V	benefit entitlement of a member spouse must be reduced by the Board in accordance with

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

a methodology approved by the Minister, on

the advice of an actuary appointed by the

ts	Board.
n	36AE. Board may provide additional
e	information
m	On the application of an eligible person
u	within the meaning of section 90MZB(8) of
c	the Commonwealth Family Law Act 1975,
o	the Board may provide information
D	additional to the information required to be
ry	provided under section 90MZB of that Act if
ta	the Board considers that the additional
information is necessary to understand the
n
e	Fund or the member spouse's benefit entitlements.
m
ia	36AF. Commutation rights not affected
rl	The entitlement of a person to convert or
a	commute a benefit or pension under this Act
P	is not affected by the making of a payment or
d	transfer under this Part.
n
a	36AG. Charging of fees
n	(1) The Board may charge reasonable fees in
o
ti	respect of—
la	(a) a payment split;
is	(b) a payment flag;
g	(c) flag lifting under a flag lifting
e	agreement that does not provide for a
L	payment split;
n
a	(d) an order under section 90MM of the
ri	Commonwealth Family Law Act 1975
to	terminating the operation of a payment
ic	flag;
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 38

(e) (f) any other thing done by the Board in an application under section 90MZB of 1975 for information about a

ts	superannuation interest;
n
e
m	relation to a superannuation interest
u	covered by a superannuation
c	agreement, flag lifting agreement or
o	splitting order;
D	(g) the provision of information under
ry	section 36AE.
ta	(2) Fees charged under sub-section (1) must not
n	exceed the maximum levels of fees fixed by
e	the Minister for the purposes of this section
m	by notice published in the Government
ia	Gazette.
rl	(3) If the Board charges a fee under sub-section
a	(1), the fee is payable—
P

(a) unless paragraph (b) applies, in the case

d

n	of sub-section (1)(a), (1)(b), (1)(c),
a	(1)(d) or (1)(f), by the member spouse and the non-member spouse in equal
n	parts; or
o
ti	(b) if the fee is in respect of a payment split
la	under which the non-member spouse is
is	entitled to be paid the whole of the
g	amount of each splittable payment that
e	becomes payable, by the non-member
L	spouse; or
n	(c) in the case of sub-section (1)(e) or
a
ri	(1)(g), by the person who made the
to	application.'.
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 39

39. Section 49 substituted

For section 49 of the Transport Superannuation

ts	Act 1988 substitute—
n	"49. Assignment or charging of interest
e

(1) Subject to sub-section (2), an interest of a

m

u	member or beneficiary in a benefit under this
c	Act—
o	(a) must not be in any way assigned,
D	charged, attached or passed by
ry	operation of law to any other person;
ta	and
n	(b) is not an asset for the payment of any
e	debt or liability.
m	(2) Sub-section (1) does not apply to or in
ia	respect of any assignment, charge, payment
rl	or transfer permitted expressly or by
a	necessary implication by this Act.".
P

40. Specified standards

d

n	(1) In section 53(1)(a) of the Transport
a	Superannuation Act 1988 after "contributions"
n	insert "and benefits".
o
ti	(2) After section 53(1)(c) of the Transport
la	Superannuation Act 1988 insert—
is	"(ca) specify processes and requirements in
g	respect of the administration and operation
e	of Part 7A; and
L	(cb) specify the benefits and entitlements of non-
n	members spouses under Part 7A; and".
a
ri
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 8—Transport Superannuation Act 1988

s. 40

(3) After section 53(2) of the Transport

Superannuation Act 1988 insert—

ts	"(3) Any Order in Council made before the
n	enactment of the Superannuation Acts
e	(Family Law) Act 2003 has force and effect
m	as if it had been made under this section as
u	amended by section 40(1) of that Act.".
c	__________________
o
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Part 9—Unclaimed Moneys Act 1962

s. 41

PART 9—UNCLAIMED MONEYS ACT 1962

ts 41. Family Law provisions

n	See:	In section 17 of the Unclaimed Moneys Act
e	Act No.
6879/1962.	1962, in the definition of "member", after
m	Reprint No. 7	paragraph (b) insert—
u	as at
c	3 April 2003.

LawToday:	"; or
o

D dpc.vic. (c) in respect of an unclaimed superannuation

gov.au	benefit that is taken to be unclaimed money
ry	under section 12(2) of the Commonwealth
ta	Unclaimed Money Act, a non-member
n	spouse within the meaning of Part VIIIB of
e	the Commonwealth Family Law Act 1975;".
m	42. Statement of unclaimed superannuation benefits
ia
rl	After section 19(4)(a)(ii) of the Unclaimed
Moneys Act 1962 insert—
a
P	'(iii) a non-member spouse, if paragraph (c) of the definition of "member" in section 17 applies;
d
n	and'.
a	═══════════════
n
o
ti
la
is
g
e
L
n
a
ri
to
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Superannuation Acts (Family Law) Act 2003

Act No. 70/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 28 August 2003
e
Legislative Council: 18 September 2003
m
u	The long title for the Bill for this Act was "to amend the Emergency
c	Services Superannuation Act 1986, the Government Superannuation
o	Act 1999, the Parliamentary Salaries and Superannuation Act 1968,
D	the State Employees Retirement Benefits Act 1979, the State Superannuation Act 1988, the Superannuation (Portability) Act 1989,
ry	the Transport Superannuation Act 1988 and the Unclaimed Moneys
ta	Act 1962 and for other purposes."
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V