Family Law (Superannuation-Provision of Information: Judges' Pensions Act Scheme) Determination 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L00452

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Family Law (Superannuation—Provision of Information: Judges’ Pensions Act Scheme) Determination 2013
I, Mark Dreyfus, Attorney‑General, make the following determination under subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001.
Dated:  12 March 2013
Mark Dreyfus
Attorney‑General
 
  
  
  
Contents
1............ Name of determination.................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
5............ Application of determination......................................................................................... 1
6............ Provision of information by trustee—growth phase interests........................................ 1
7............ Provision of information by trustee—payment phase interests...................................... 2
 
1  Name of determination
                   This determination is the Family Law (Superannuation—Provision of Information: Judges’ Pensions Act Scheme) Determination 2013.
2  Commencement
                   This determination commences on 15 March 2013.
3  Authority
                   This determination is made under subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001.
4  Definitions
             (1)  In this determination:
growth phase table means the table in clause 2 of Part 6 of Schedule 1 to the Methods and Factors Approval.
Judge has the same meaning as in the Judges’ Pensions Act 1968.
Judges’ Pensions Act Scheme means the scheme constituted by the Judges’ Pensions Act 1968.
Methods and Factors Approval means the Family Law (Superannuation)(Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
Regulations means the Family Law (Superannuation) Regulations 2001.
             (2)  For this determination, a reference to “the relevant date” in the definition of a factor in the Methods and Factors Approval mentioned in column 3 of an item of the table in section 6 is to be read as if it were a reference to “the appropriate date”.
5  Application of determination
                   This determination applies to a superannuation interest in the Judges’ Pensions Act Scheme for which a method and factors have been approved under Part 6 of Schedule 1 to the Methods and Factors Approval.
6  Provision of information by trustee—growth phase interests
                   In relation to a superannuation interest mentioned in an item in the following table:
                     (a)  for paragraph 64(7)(a) of the Regulations, the trustee of the Judges’ Pensions Act Scheme is not required to provide the information about the interest mentioned in column 2 of the item; and
                     (b)  for paragraph 64(7)(b) of the Regulations, the trustee of the Judges’ Pensions Act Scheme must provide the information about the interest mentioned in column 3 of the item.
 
Provision of information for growth phase interests

 
Column 1
Column 2
Column 3

Item
Superannuation Interest
Information not required to be provided
Information that must be provided

1
An interest mentioned in item 1 of the growth phase table
The information mentioned in paragraphs 64(4)(a), (b) and (d) to (m) of the Regulations
The factors APF, RAPF and LS as defined in item 1 of the growth phase table
The date of appointment as a Judge of the person who has the interest

2
An interest mentioned in item 2 of the growth phase table
The information mentioned in paragraphs 64(4)(a) to (m) of the Regulations
The benefit that would have been payable under section 12A of the Judges’ Pensions Act 1968, after taking into account any reduction under section 17AF of that Act, if the person had died on the appropriate date and no spouse or orphan pension had been payable.
The date of appointment as a Judge of the person who has the interest

3
An interest mentioned in item 3 of the growth phase table
The information mentioned in paragraphs 64(4)(a), (b) and (d) to (m) of the Regulations
The factor HP as defined in item 3 of the growth phase table

4
An interest mentioned in item 4 of the growth phase table
The information mentioned in paragraphs 64(4)(a) to (m) of the Regulations
The factor ATA as defined in item 4 of the growth phase table

 
7  Provision of information by trustee—payment phase interests
             (1)  This section is made for paragraph 64(7B)(a) of the Regulations, in relation to an interest that a person has in the Judges’ Pensions Act Scheme as a result of being paid a pension under the Judges’ Pensions Act 1968.
             (2)  The trustee of the Scheme is not required to provide the information mentioned in paragraphs 64(3)(a), (aa), (c), (d) and (e) of the Regulations.