Document ID: chunk:federal_register_of_legislation:F2024C00260:front:0:p2
Version: federal_register_of_legislation:F2024C00260
Segment Type: other
Provision Reference: 
Character Range: 2681–5660

Amendments made by the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Amendment (No. 2) Approval 2023
Schedule 1 Public sector superannuation plans — Commonwealth
Part 1 Commonwealth Superannuation Scheme
Division 1.1 Interpretation
Division 1.2 Methods
Division 1.3 Factors
Part 2 Public Sector Superannuation Scheme
Division 2.1 Definitions
Division 2.2 Interest in the growth phase
Division 2.3 Interests in the payment phase
Division 2.4 Factors

Part 1 Preliminary

1 Name of instrument
  This instrument is the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
3 Definitions
  In this instrument:
growth phase has the same meaning as in regulation 3 of the Regulations.
payment phase has the same meaning as in regulation 3 of the Regulations.
Regulations means the Family Law (Superannuation) Regulations 2001.
spouse has the meaning given by section 90XD of the Act.

Part 2 Methods and factors for valuing particular superannuation interests
4 Approval of methods and factors for valuing particular superannuation interests
  For regulations 38 and 43A of the Regulations, the methods and factors mentioned in a Part of a Schedule to this instrument are approved for a superannuation interest of a member of the eligible superannuation plan to which that Part applies.

Part 3 Application, saving and transitional provisions
5 Amendments made by the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Amendment (No. 2) Approval 2023
 (1) This section applies to an agreement or court order made under Part VIIIB or VIIIC of the Family Law Act 1975 on or after the commencement of the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Amendment (No. 2) Approval 2023.
 (2) Part 5 of Schedule 1, as amended by that instrument, applies in relation to the determination of the value of an interest in the Scheme identified in the agreement or order, whether the operative time in relation to the relevant payment split is before, on or after that commencement.
Schedule 1 Public sector superannuation plans — Commonwealth
(section 4)
Part 1 Commonwealth Superannuation Scheme
Division 1.1 Interpretation

1 Interpretation
 (1) In this Part:
1922 Act means the Superannuation Act 1922.
1976 Act means the Superannuation Act 1976.
CSS means the Commonwealth Superannuation Scheme established by the Superannuation Act 1976.
CSS Fund means the superannuation fund established by the 1976 Act.
period of membership, for a member, means the period commencing on the first day of the last occasion when the member became an eligible employee and ending on the relevant date.
the Regulations means the Superannuation (CSS) Former Eligible Employees Regulations 1986.
 (2) An expression used in this Part and in section 3 or 146MA (whichever is applicable) of the 1976 Act