{"id":"F2008L02028","name":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2008","slug":"family-law-superannuation-interest-rate-for-adjustment-period-determination-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":74271,"registerId":"commonwealth-F2008L02028-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2008","content":"![](image.001.png)\n\nFamily Law (Superannuation) (Interest Rate for Adjustment Period) Determination 20081\n\nFamily Law (Superannuation) Regulations 2001\n\nI, PETER COLIN MARTIN, Australian Government Actuary:\n\n(a) acting under subregulation 45D (3) of the Family Law (Superannuation) Regulations 2001, determine that the interest rate for the adjustment period, being the financial year beginning on 1 July 2008, is 0.073; and\n\n(b) acting under subregulation 45D (4) of those Regulations, determine that the method set out in Schedule 1 is the method for calculating the interest rate for an adjustment period of less than 12 months that begins and ends in the financial year beginning on 1 July 2008; and\n\n(c) acting under subregulation 45D (6) of those Regulations:\n\n(i) determine, for subparagraph 45D (5) (b) (i) of those Regulations, that the method set out in Schedule 2 is the method for calculating the interest rate for an adjustment period of exactly 12 months beginning before the end of the financial year ending on 30 June 2008 and ending in the next financial year; and\n\n(ii) determine, for subparagraph 45D (5) (b) (ii) of those Regulations, that the method set out in Schedule 3 is the method for calculating the interest rate for an adjustment period of less than 12 months beginning before the end of the financial year ending on 30 June 2008 and ending in the next financial year.\n\nThis Determination commences on 1 July 2008.\n\nDated 2 June 2008\n\nPETER COLIN MARTIN\n\nAustralian Government Actuary\n\nSchedule 1 Method — Adjustment period of less than 12 months in the 2008–09 financial year\n\n(paragraph (b))\n\n    The method for calculating the interest rate for the adjustment period is:\n\n![](image.002.png)\n\nwhere:\n\n> d is the number of days in the adjustment period.\n\nSchedule 2 Method — Adjustment period of exactly 12 months bridging the  \n2007–08 and 2008–09 financial years\n\n(subparagraph (c) (i))\n\n    The method for calculating the interest rate for the adjustment period is:\n\n![](image.003.png)\n\nwhere:\n\n> d1 is the number of days in the adjustment period in the financial year ending on 30 June 2008.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2008.\n\nSchedule 3 Method — Adjustment period of less than 12 months bridging the 2007–08 and 2008–09 financial years\n\n(subparagraph (c) (ii))\n\n    The method for calculating the interest rate for the adjustment period is:\n\n![](image.004.png)\n\nwhere:\n\n> d1 is the number of days in the adjustment period in the financial year ending on 30 June 2008.\n\n> d2 is the number of days in the adjustment period in the financial year beginning on 1 July 2008.\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination does not expand or narrow which superannuation adjustments fall within the Family Law rules. It only fixes the numeric interest rate for the 2008–09 adjustment period and prescribes calculation methods for partial and bridging periods (see subregulation 45D(3)–(6) and Schedules 1–3)."},"complexity_factors":["Single numeric rate specified (0.073) under subregulation 45D(3) – low conceptual complexity but direct numeric effect.","Three separate calculation methods set out in Schedules 1–3 to cover: (a) adjustment periods under 12 months wholly in 2008–09, (b) 12‑month periods bridging 2007–08 and 2008–09 (Schedule 2), and (c) under‑12‑month periods bridging the two years (Schedule 3) – increases mechanical complexity.","Day‑count weighting required (variables d, d1, d2), so administrators must compute exact numbers of days in each subperiod to apply formulas correctly.","Bridging formulas require combining rates or prorations across two financial years, which raises bookkeeping and calculation steps for trustees and advisers.","Legal integration point: this instrument operates by reference to subregulations 45D(3)–(6) of the Family Law (Superannuation) Regulations 2001, so users must map these determinations to the underlying regulatory mechanism.","Low discretionary content: rate and methods are fixed by the Australian Government Actuary, limiting interpretive discretion but imposing an administrative compliance requirement."],"plain_english_summary":"This Determination sets the interest rate (0.073) to be used under the Family Law (Superannuation) Regulations 2001 for the 2008–09 financial year and prescribes the mathematical methods for prorating that rate for short or cross‑year adjustment periods. It applies to parties, courts and superannuation trustees who must calculate interest when making or giving effect to superannuation adjustments under the Family Law rules, by changing the numeric rate and the precise day‑count formulas they must apply."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination performs exactly its intended function: setting the annual interest rate for superannuation splits for a specific financial year. It has not expanded beyond its original purpose. The inclusion of bridging calculations for periods crossing financial years is a standard, necessary feature of the legislative framework established in the parent Regulations, not scope creep."},"complexity_factors":["Short, single-purpose instrument (4 pages including signatures)","Only 1 defined rate (0.073) but 3 mathematical formulas across schedules","Heavy cross-referencing to Family Law (Superannuation) Regulations 2001 (subregulations 45D(3), (4), (5), (6))","Requires understanding of 'adjustment period' concept from parent regulations","Mathematical notation uses variables (d, d1, d2) requiring interpretation","Conditional logic based on timing: whether period is exactly 12 months vs less than 12 months, and whether it bridges financial years"],"plain_english_summary":"This determination fixes the interest rate for splitting superannuation in family law settlements at 7.3% (2008–09) and gives the formulas for calculating interest when split periods don’t align with the financial year. It affects separating couples, their lawyers, and super funds because the rate determines how much the transferred superannuation accrues between separation and payment, impacting each party’s final share."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2008","history":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2008/history","analysis":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2008/analysis","conflicts":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2008/conflicts","importantCases":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2008/important-cases","documents":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2008/documents"}}