Document ID: chunk:federal_register_of_legislation:F2023C01077:front:0:p2
Version: federal_register_of_legislation:F2023C01077
Segment Type: other
Provision Reference: 
Character Range: 2724–5482

to associate deferred annuity
2.08 Reduction of standard allowance or annuity

Part 3 Application, saving and transitional provisions
3.01 Amendment made by the Superannuation (Family Law — Parliamentary Contributory Superannuation Act 1948) Amendment Orders 2023

Schedule 1 Methods and factors used to determine scheme value in relation to member spouse
Part 1 Methods
Part 2 Scheme factors

Schedule 2 Annuity Factors for non‑member spouses

Schedule 3 Annuity Factors for member spouses

Part 1 Preliminary

1.01 Name of Orders [see Note 1]

  These Orders are the Superannuation (Family Law — Parliamentary Contributory Superannuation Act 1948) Orders 2004.

1.03 Definitions

 (1) In these Orders:
Act means the Parliamentary Contributory Superannuation Act 1948.
actuary means a person who is a Fellow or Accredited Member of the Institute of Actuaries of Australia.
family law commencement day means 18 May 2004.
Note   Part 1 of these Orders commenced on 18 May 2004.
FL Act means the Family Law Act 1975.
FLS Regulations means the Family Law (Superannuation) Regulations 2001.
Secretary means the Secretary of the Department of Finance and Administration.

Note   Several other words and expressions used in these Orders have the meaning given by subsection 4 (1) of the Act, including parliamentary allowance.

In this context, member is defined in subsection 4 (1) of the Act to mean a member of either House. A member spouse is also defined in the Act, but uses the word member in a different sense.

 (2) An expression that is used in these Orders, and defined in section 22CA of the Act, has the meaning given by that section.

Note   Section 22CA of the Act defines expressions including applicable additional percentage, applicable basic percentage, non-member spouse, operative time and transfer amount. Some expressions are defined in section 22CA to have the same meaning as in the FL Act.

Part 2 Orders relating to certain amounts and rates

2.01 Scheme value — member spouse with no surcharge debt

 (1) This section applies if the most recent member information statement provided to a member spouse before the operative time did not show a debit in the member spouse's surcharge debt account.

 (2) For the definition of scheme value in section 22CA of the Act:
 (a) if the operative time was before the family law commencement day, the scheme value in relation to the member spouse is the family law value; and
 (b) if the operative time is on or after the family law commencement day:
 (i) the scheme value in relation to the member spouse is determined using the methods and factors set out in Schedule 1 as in force at the operative time; or
 (ii) if it is not possible to determine the scheme value using those methods and