Document ID: chunk:federal_register_of_legislation:F2005C00024:body:0:p1
Version: federal_register_of_legislation:F2005C00024
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Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004

Statutory Rules 2004 No. 100 as amended

made under the

Defence Forces Retirement Benefits Act 1948

This compilation was prepared on 24 December 2004
taking into account amendments up to SR 2004 No. 409

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

Contents

Part 1 Preliminary

 1.01 Name of Orders
 1.02 Commencement
 1.03 Definitions

Part 2 Orders for the calculation of certain amounts

 2.01 Scheme value
 2.02 Annual rate of associate pension
 2.03 Indexation of associate pension
 2.04 Commutation of small associate pension — amount
 2.05 Indexation of amount for small associate pension
 2.06 Reduction of standard pension

Notes

Part 1 Preliminary

 1.01 Name of Orders

  These Orders are the Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004.

1.02 Commencement

  These Orders commence, or are taken to have commenced, on the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004.

1.03 Definitions

 (1) In these Orders:
Act means the Defence Forces Retirement Benefits Act 1948.
Family Law Act means the Family Law Act 1975.
FLS Regulations means the Family Law (Superannuation) Regulations 2001.

 (2) An expression that is used in these Orders and defined in section 80A of the Act has the meaning given by that section.

Note   Section 80A of the Act defines expressions including non-member spouse, operative time and transfer amount. Some expressions are defined in section 80A to have the same meaning as in the Family Law Act.

Part 2 Orders for the calculation of certain amounts

2.01 Scheme value

  For the definition of scheme value in section 80A of the Act, the scheme value in relation to a member spouse is determined as follows:

Step 1  Identify the methodology and factors set out in regulations made for section 90MT of the Family Law Act that would be used to determine the family law value in relation to the member spouse in accordance with that section as if that section applied in relation to the member spouse.

        Note   The family law value is determined in accordance with the FLS Regulations that are made for paragraph 90MT (2) (a) of the Family Law Act. The process of determining the family law value may include reliance on methodology and factors approved by the Attorney-General under subsection 90MT (3) of that Act.
Step 2  Substitute the factors with factors nominated by an actuary for these Orders.
Step 3  Use the methodology identified in step 1, and the factors substituted in step 2, to determine the scheme value in relation to the member spouse.

2.02 Annual rate of associate pension

  For subsection 80B (2) of the Act, the annual rate