Document ID: chunk:federal_register_of_legislation:F2008L04706:body:0:p4
Version: federal_register_of_legislation:F2008L04706
Segment Type: other
Provision Reference: 
Character Range: 8257–11184

the time of the deceased person's death; or

                            * another person who did not have a marital or couple relationship with the deceased person at the time of the deceased person's death but who had previously had a marital or couple relationship with the deceased person, and:

                            ­       at the time of the deceased person's death, that other person was legally married to the deceased person; and

                            ­       in the opinion of the Board, that other person was wholly or substantially dependent upon the deceased person at the time of the deceased person's death."

5.8 The following Rule is to be inserted immediately following Rule 1.2.5:

"1.2.6 Without limiting who is a step-child for the purposes of the Rules, someone who is a child of a partner of the person is the step-child of the person, if he or she would be the person's step-child except that the person is not legally married to the partner."

    5.9 Rule 9.3.11 and the note following the Rule are amended by replacing the term "marital relationship" (wherever occurring) with the term "marital or couple relationship".

    5.10 Rule 9.3.11 is further amended by inserting the following new subparagraph immediately after subparagraph (b)(i)(A):

      "(AB)  is, within the meaning of the Family Law Act 1975, a child of the deceased pensioner and the person with whom the deceased pensioner had a marital or couple relationship; or"

    5.11 Rule 9.3.12 is amended by replacing the term "marital relationship" (wherever occurring) with "marital or couple relationship".

6. Amendment – payment of contributions on unpaid maternity or parental leave

6.1 The following Rule is to be inserted immediately following Rule 4.2.4:

"4.2.4A The reference in Rule 4.2.4 to the birth of a child of the person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975."

IN WITNESS WHEREOF this Deed has been executed the day and year first hereinbefore written.

SIGNED, SEALED AND DELIVERED  )

       )

by the Honourable NICK SHERRY   )

       )

Minister for Superannuation and Corporate Law  )

acting for and on behalf of     )

the Minister for Finance and Deregulation  )

       )

       )

for and on behalf of     )

       )

THE COMMONWEALTH OF   )

       )

AUSTRALIA, in the presence of:   )

       )

       )

  (name)     ) Adam Wand

       )

       )

  (address)    ) Parliament House

       ) CANBERRA  ACT  2600

       )

  (description)    ) Chief of Staff

       )

Note to the Deed:  TABLE LISTING TRUST DEED AND AMENDING DEEDS

Before 1 January 2005, section 45 of the Superannuation Act 1990 provided, in part, that instruments under subsection 5(1) of that Act amending the Trust Deed were disallowable instruments for the purposes of section 46A