Family Law (Superannuation) (Provision of Information - Defence Force Schemes) Determination 2004

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Legislation au F2004B00104 In force Legislative Instrument

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Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004

as amended

made under subregulation 64 (7) of the

Family Law (Superannuation) Regulations 2001

This compilation was prepared on 27 May 2005
taking into account amendments up to Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Amendment Determination 2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Determination [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions 

 4 Application of Determination 

 5 Provision of information by trustee — growth phase interests 

 6 Provision of information by trustee — payment phase interests 

Notes  

 

 

 

 

1 Name of Determination [see Note 1]

  This Determination is the Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004.

2 Commencement [see Note 1]

  This Determination commences on the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004.

3 Definitions

 (1) In this Determination:

Defence Force scheme means a scheme that is mentioned in an item in the table in clause 3 or 4 of Part 3 of Schedule 1 to the Methods and Factors Approval.

Determination means the Defence Force (Superannuation) (Productivity Benefit) Determination, made under subsection 52 (1) of the Defence Act 1903.

DFRB Act means the Defence Forces Retirement Benefits Act 1948.

DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.

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

Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

notional retiring age, for an officer, has the meaning given by clause 1 of Part 3 of Schedule 1 to the Methods and Factors Approval.

officer has the meaning given by subsection 3 (1) of the DFRDB Act.

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

Regulations means the Family Law (Superannuation) Regulations 2001.

 (2) For this Determination, a reference to ‘the relevant date’ in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6 is to be read as if it were a reference to ‘the appropriate date’.

4 Application of Determination

  This Determination applies to a superannuation interest in a Defence Force scheme for which a method and factors have been approved under Part 3 of Schedule 1 to the Methods and Factors Approval.

5 Provision of information by trustee — growth phase interests

  In relation to a superannuation interest mentioned in an item in the following table:

 (a) for paragraph 64 (7) (a) of the Regulations, the trustee of the relevant Defence Force scheme is not required to provide the information about the interest mentioned in column 3 of the item; and

 (b) for paragraph 64 (7) (b) of the Regulations, the trustee of the relevant Defence Force scheme must provide the information about the interest mentioned in column 4 of the item.

 

Item

Superannuation interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in item 1 of the growth phase table

The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations

The information mentioned in the definition of the following factors in item 1 of the growth phase table:

 (a) DP;

 (b) y´;

 (c) m´

The following information about the person who has the interest:

 (a) the person’s date of birth;

 (b) the date when the person first becomes eligible for deferred benefits by way of a pension

2

An interest mentioned in item 2 of the growth phase table

The information mentioned in paragraphs 64 (4) (a), (b) and (d) to (i) of the Regulations

The information mentioned in the definition of the following factors in item 2 of the growth phase table:

 (a) APMs;

 (b) C;

 (c) CPPA

The following information about the person who has the interest:

 (a) the person’s date of birth;

 (b) the person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act;

 (c) whether the person is an officer or is not an officer;

 (d) if the person is an officer — his or her notional retiring age

3

An interest mentioned in item 3 of the growth phase table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The information mentioned in the definition of the following factors in item 3 of the growth phase table:

 (a) PC;

 (b) SG

 

 

 

The following information about the person who has the interest:

 (a) the person’s date of birth;

 (b) the person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act;

 (c) whether the person is an officer or is not an officer;

 (d) if the person is an officer — his or her notional retiring age

4

An interest mentioned in item 4 of the growth phase table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The information mentioned in the definition of the following factors in item 4 of the growth phase table:

 (a) P;

 (b) IR;

 (c) NIR;

 (d) C 

The following information about the person who has the interest:

 (a) the person’s date of birth;

 (b) whether the person is an officer or is not an officer;

 (c) if the person is an officer — his or her notional retiring age

5

An interest mentioned in item 5 of the growth phase table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The following information about the person who has the interest:

 (a) the total of the amount of productivity benefit (excluding interest) that would have been credited to the person under subclauses 8 (2) and (3), 8A (2) and (3) and 8AA (2), (3) and (4) of the Determination, if it had been credited to the person at the rate of 3% of the person’s pay for each of the pay periods mentioned in each of those subclauses of the Determination;

 

 

 

 (b) the total of the amount of productivity benefit (being interest) that would have been credited to the person under subclauses 8 (4) and (5), 8A (4) and (5) and 8AA (5) and (6) of the Determination on account of the amount mentioned in paragraph (a) above, if that amount had been an amount of productivity benefit credited to the person;

 (c) whether the person is an officer or is not an officer;

 (d) if the person is an officer — his or her notional retiring age

6

An interest mentioned in item 6 of the growth phase table

The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations

The information mentioned in the definition of the following factors in item 6 of the growth phase table:

 (a) ARP;

 (b) APMs

The person’s total period of effective service, within the meaning given by subsection 3 (1) of the DFRDB Act

6 Provision of information by trustee — payment phase interests

  In relation to a superannuation interest mentioned in an item in the following table:

 (a) for paragraph 64 (7B) (a) of the Regulations, the trustee of the relevant Defence Force scheme is not required to provide the information about the interest mentioned in column 3 of the item; and

 (b) for paragraph 64 (7B) (b) of the Regulations, the trustee of the relevant Defence Force scheme must provide the information about the interest mentioned in column 4 of the item.

 

Item

Superannuation interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in item 1 of the payment phase table

The information mentioned in paragraph 64 (3) (b) of the Regulations

The information mentioned in the definition of the following factors in item 1 of the payment phase table:

 (a) IP;

 (b) NIP;

 (c) IR;

 (d) NIR

 

 

 

The following information in relation to the person who has the interest:

 (a) the person’s date of birth;

 (b) the type of pension payable to the person

2

An interest mentioned in item 2 of the payment phase table

The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations

The information mentioned in the definition of IR in item 2 of the payment phase table

The following information in relation to the person who has the interest:

 (a) the person’s date of birth;

 (b) the type of pension payable to the person

3

An interest mentioned in item 3 of the payment phase table

The information mentioned in paragraph 64 (3) (b) of the Regulations

The information mentioned in the definition of the following factors in item 3 of the payment phase table:

 (a) IP;

 (b) NIP

 

 

 

The following information in relation to the person who has the interest:

 (a) the person’s date of birth;

 (b) the type of pension payable to the person

4

An interest mentioned in item 4 of the payment phase table

The information mentioned in paragraph 64 (3) (b) of the Regulations

The information mentioned in the definition of IP in item 4 of the payment phase table

The following information in relation to the person who has the interest:

 (a) the person’s date of birth;

 (b) the type of pension payable to the person;

 

 

 

 (c) the annual amount (if any) of the person’s pension that is additional pension payable in respect of an eligible child of the person under paragraph 55 (1) (b) or 57 (1) (b) of the DFRB Act

 

Notes to the Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004

Note 1

The Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004 (in force under subregulation 64 (7) of the Family Law (Superannuation) Regulations 2001) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Family Law (Superannuation) (Provision of Information  — Defence Force Schemes) Determination 2004

13 May 2004 (see Gazette 2004, No. S152)

18 May 2004 (see s. 2)

 

Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Amendment Determination 2005 (No. 1)

25 May 2005 (see F2005L01181)

26 May 2005

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 3.................

am. 2005 No. 1

S. 5.................

am. 2005 No. 1

S. 6.................

ad. 2005 No. 1

 

 

Overview

The Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004 was enacted to address a specific gap in the provision of information regarding superannuation interests in Defence Force schemes for the purposes of family law. This determination was made under the authority of subregulation 64(7) of the Family Law (Superannuation) Regulations 2001 by the Australian Government. The primary policy objective of the Determination is to ensure that trustees of Defence Force schemes provide accurate and necessary information to facilitate the valuation of superannuation interests in the context of family law proceedings. By delineating what information must and must not be provided, the Determination aims to streamline the process of assessing these interests, thereby supporting more equitable outcomes in family law matters involving Defence Force superannuation benefits.

Scope and Application

The Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004, as amended, applies to superannuation interests within Defence Force schemes that have been approved under Part 3 of Schedule 1 to the Methods and Factors Approval. This legislation outlines the specific information that trustees of Defence Force schemes must provide to the Family Law (Superannuation) Regulations 2001 concerning growth and payment phase interests. The information required is tailored to each type of interest, with trustees being obligated to supply certain data while exempt from providing other specific information. This Determination is applicable nationwide, as it is a federal regulation. The scope of this legislation is further extended through subordinate instruments, which can modify and refine the application of the primary Determination. There are no stated exclusions or exemptions in this legislation, but the information required is clearly defined for each interest type, ensuring clarity and compliance for trustees and relevant parties.

Key Provisions

The Family Law (Superannuation) (Provision of Information — Defence Force Schemes) Determination 2004, as amended, sets out specific requirements for trustees of Defence Force superannuation schemes to provide information regarding superannuation interests to certain parties, particularly in the context of family law matters. Section 4 of the Determination clarifies its application to superannuation interests in Defence Force schemes for which methods and factors have been approved under the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003. Section 5 details the information that trustees must or must not provide about growth phase interests in Defence Force schemes. Trustees are generally required to provide certain specified information while exempting other specific details, as outlined in a detailed table within the section. Similarly, Section 6 addresses the provision of information regarding payment phase interests, again specifying what information must and must not be provided, with details provided in a corresponding table. The Determination imposes specific obligations on trustees of Defence Force superannuation schemes to accurately and timely provide certain information about superannuation interests to the relevant parties. Trustees must furnish information as detailed in the tables within Sections 5 and 6, ensuring that the specified factors and personal details of the scheme members are disclosed. Additionally, trustees must ensure that the information provided aligns with the requirements outlined in the Family Law (Superannuation) Regulations 2001. These obligations are critical for ensuring that accurate and relevant data is made available for family law proceedings, facilitating fair and informed decision-making. Failure to comply with the requirements of the Determination could result in legal consequences. While the Determination itself does not explicitly outline penalties for non-compliance, non-adherence to the Family Law (Superannuation) Regulations 2001, under which this Determination is made, could lead to enforcement actions. These may include civil penalties for non-compliance, where the trustee's failure to provide the required information could be viewed as a breach of the regulations. Additionally, in more severe cases, trustees could face criminal charges, especially if the non-compliance is deemed to be deliberate or negligent, potentially leading to fines or imprisonment as prescribed under the relevant legislation.

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