Document ID: chunk:federal_register_of_legislation:F2011C00487:front:0:p2
Version: federal_register_of_legislation:F2011C00487
Segment Type: other
Provision Reference: 
Character Range: 2698–5458

Regulations means the Superannuation (CSS) Former Eligible Employees Regulations.
family law commencement day means 18 May 2004.
FL 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 146MA of the Act, has the meaning given by that section.

Note   Section 146MA of the Act defines expressions including non‑member spouse, operative time and transfer amount. Some expressions are defined in section 146MA to have the same meaning as in the Family Law Act 1975.

Part 2 Orders relating to certain amounts and rates

2.01 Basic contributions amount

 (1) For the definition of basic contributions amount in section 146MA of the Act, the basic contributions amount in relation to a member spouse is determined in accordance with this section.

 (2) If:
 (a) the member spouse is, or has been at any time, an eligible employee; and
 (b) the original interest in relation to the member spouse arises from the member spouse being, or having been, an eligible employee;
the basic contributions amount is determined as follows:

Step 1  Identify the amount of the lump sum that would be payable to the member spouse if benefits had become payable to the member spouse at the operative time.

        Note   The amount of the lump sum would include accumulated basic contributions and interest.
Step 2  Identify the component of the lump sum that would relate to accumulated basic contributions.
Step 3  Subtract from the component identified in step 2 any part of that component that would relate to the early release deduction amount.

        The result is the basic contributions amount.

 (3) If the member spouse is a person who has an entitlement to associate deferred benefits, the basic contributions amount is the amount of the funded component, mentioned in paragraph 146MC (1) (a) of the Act, that would be payable to the member spouse if benefits had become payable to the member spouse at the operative time.

2.02 Employer contributions amount

 (1) For the definition of employer contributions amount in section 146MA of the Act, the employer contributions amount in relation to a member spouse is determined in accordance with this section.

 (2) If:
 (a) the member spouse is, or has been at any time, an eligible employee; and
 (b) the original interest in relation to the member spouse arises from the member spouse being, or having been, an eligible employee;
the employer contributions amount is determined as follows:

Step 1  Identify the amount of the lump sum that would be payable to the member spouse if benefits had become payable to the member spouse at the operative time.
Step 2  Identify the component of