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Defence Force Retirement and Death Benefits (Family Law Superannuation) Orders 2004

Statutory Rules 2004 No. 99 as amended

made under the

Defence Force Retirement and Death Benefits Act 1973

This compilation was prepared on 8 August 2012
taking into account amendments up to Defence Force Retirement and Death Benefits (Family Law Superannuation) Amendment Order 2012 (No. 1)

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

Contents

Part 1 Preliminary

 1.01 Name of Orders [see Note 1]
 1.02 Commencement [see Note 1]
 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 later standard pension
 2.07 Reduction of later lump sum amount
 2.08 Reduction of standard pension and associated reversions
 2.09 Reduction of later standard pensions and associated reversions not payable under section 38 of the Act
 2.10 Reduction of later standard pensions payable under section 38 of the Act

Notes

Part 1 Preliminary

1.01 Name of Orders [see Note 1]

  These Orders are the Defence Force Retirement and Death Benefits (Family Law Superannuation) Orders 2004.

1.02 Commencement [see Note 1]

  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 Force Retirement and Death Benefits Act 1973.
Family Law Act means the Family Law Act 1975.
first quarter, in relation to a half-year, means:
 (a) for a half-year beginning on 1 January in a year — the March quarter of the year; and
 (b) for a half-year beginning on 1 July in a year — the September quarter of the year.
FLS Regulations means the Family Law (Superannuation) Regulations 2001.
half-year means a period of 6 months beginning on 1 January or 1 July in any year.
prescribed half-year means the half‑year commencing on 1 January 2002 or a subsequent half-year.
Statistician means the Australian Statistician.

 (2) An expression that is used in these Orders and defined in section 49A of the Act has the meaning given by that section.

Note   Section 49A of the Act defines expressions including non-member spouse, operative time and transfer amount. Some expressions are defined in section 49A 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 49A of the Act, the scheme value in relation to a member spouse is determined as follows:

Step 1  Identify the