{"id":"F2021L00777","name":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2021","slug":"family-law-superannuation-interest-rate-for-adjustment-period-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440888,"registerId":"F2021L00777-fast-fetch-1775956355348","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n    ![Commonwealth Coat of Arms](image.001.png)\n\n \n\n \n\nFamily Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2021\n\nI, Guy Francis Thorburn, Australian Government Actuary, make the following determination under regulation 45D of the Family Law (Superannuation) Regulations 2001.\n\nDated:  15 June 2021\n\n![H:\\AGA\\General Administration\\Signatures\\GTSignature.jpg](image.002.jpeg)\n\nGuy Francis Thorburn\n\nAustralian Government Actuary\n\n \n\n \n\n   \n\nContents\n\n1 Name of determination\n\n2 Commencement\n\n3 Authority\n\n4 Definition\n\n5 Adjustment period—financial year\n\n6 Adjustment period—less than 12 months within financial year\n\n7 Adjustment period—12 months not within financial year\n\n8 Adjustment period—less than 12 months not within financial year\n\n \n\n1  Name of determination\n\n  This determination is the Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2021.\n\n2  Commencement\n\n  This determination commences on 1 July 2021.\n\n3  Authority\n\n  This determination is made under regulation 45D of the Family Law (Superannuation) Regulations 2001.\n\n4  Definition\n\n  In this determination:\n\nregulations means the Family Law (Superannuation) Regulations 2001.\n\n5  Adjustment period—financial year\n\n  For subregulation 45D(3) of the regulations, the interest rate for the adjustment period, being the financial year beginning on 1 July 2021, is 0.057.\n\n6  Adjustment period—less than 12 months within financial year\n\n (1) This section applies to an adjustment period of less than 12 months that begins and ends in the financial year beginning on 1 July 2021.\n\n (2) For subregulation 45D(4) of the regulations, the method for working out the interest rate for the adjustment period is by using the formula:\n\n![](image.003.png)\n\nwhere:\n\nd is the number of days in the adjustment period.\n\n7  Adjustment period—12 months not within financial year\n\n (1) This section applies to an adjustment period of 12 months that begins in the financial year beginning on 1 July 2020 and ends in the financial year beginning on 1 July 2021.\n\n (2) For subregulation 45D(6) of the regulations, the method for working out the interest rate for the adjustment period is by using the formula:\n\n![](image.004.png)\n\n  \n\n  where:\n\nd1 is the number of days in the adjustment period in the financial year beginning on 1 July 2020.\n\nd2 is the number of days in the adjustment period in the financial year beginning on 1 July 2021.\n\n8  Adjustment period—less than 12 months not within financial year\n\n (1) This section applies to an adjustment period of less than 12 months that begins in the financial year beginning on 1 July 2020 and ends in the financial year beginning on 1 July 2021.\n\n (2) For subregulation 45D(6) of the regulations, the method for working out the interest rate for the adjustment period is by using the formula:\n\n![](image.005.png)\n\n  where:\n\nd1 is the number of days in the adjustment period in the financial year beginning on 1 July 2020.\n\nd2 is the number of days in the adjustment period in the financial year beginning on 1 July 2021.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination performs exactly the function intended by regulation 45D of the Family Law (Superannuation) Regulations 2001—setting the annual interest rate for adjustment periods. It has not expanded beyond this narrow technical purpose."},"complexity_factors":["Short instrument (8 sections, ~2 pages)","Only 1 defined term ('regulations')","Simple mathematical formulas (weighted averages based on days)","Four straightforward scenarios covering all timing permutations","No nested exceptions or conditional logic beyond the four mutually exclusive scenarios","Single purpose: setting one numerical rate with pro-rata calculations"],"plain_english_summary":"This instrument sets the interest rate (5.7% for 2021–22) used to adjust superannuation interests when couples split entitlements after separation. It applies to separating couples, super funds, family lawyers and courts and includes proportional formulas for short adjustment periods or periods spanning two financial years. The rate determines how settlement timing affects the final amounts transferred."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change who is covered by the superannuation adjustment rules. It only sets the interest rate for the 2021–22 adjustment period and prescribes how to prorate that rate for shorter or cross‑year adjustment periods; it does not amend regulation 45D's substantive scope."},"complexity_factors":["A single numeric interest rate (0.057) is specified for the 2021–22 financial year (section 5).","Three short arithmetic formulas govern prorating for different adjustment‑period configurations (sections 6–8) and require day counts (d, d1, d2).","The determination operates under and depends on regulation 45D of the Family Law (Superannuation) Regulations 2001 (section 3 and definition in section 4).","Practical complexity arises from correct day‑counting and application of the pro‑rata formula by administrators, valuers or courts (implicit in sections 6–8).","Formal but routine instrument: commencement and authority are set out (sections 2–3), producing binding calculation rules rather than substantive law changes."],"plain_english_summary":"Sets the interest rate used to calculate superannuation adjustment amounts under the Family Law (Superannuation) Regulations for the 2021–22 financial year (rate 0.057) and provides formulas to prorate that rate for shorter or cross‑year adjustment periods. It affects separating parties, superannuation fund administrators, valuers and courts by changing the interest applied to adjustments and requiring them to use the specified day‑count formulas; it takes effect 1 July 2021 and is made by the Australian Government Actuary."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2021","history":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2021/history","analysis":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2021/analysis","conflicts":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2021/conflicts","importantCases":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2021/important-cases","documents":"/api/acts/family-law-superannuation-interest-rate-for-adjustment-period-determination-2021/documents"}}