{"id":"F2004B00105","name":"Family Law (Superannuation) (Provision of Information - Military Superannuation and Benefits Scheme) Determination 2004","slug":"family-law-superannuation-provision-of-information-military-superannuation-and-benefits-scheme-deter","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31251,"registerId":"commonwealth-F2004B00105-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Determination","content":"#### 1 Name of Determination\n\n  This Determination is the Family Law (Superannuation) (Provision of Information—Military Superannuation and Benefits Scheme) Determination 2004.","sortOrder":0},{"sectionNumber":"2A","sectionType":"section","heading":"Authority","content":"#### 2A Authority\n\n  This Determination is made under subregulations 63(6B), 64(7) and 64(7B) of the Family Law (Superannuation) Regulations 2001.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  (1) In this Determination:\n\n> eligible service has the meaning given by Part 1 of Schedule 1 to the Rules.\n\n> growth phase table means the table in clause 2 of Part 4 of Schedule 1 to the Methods and Factors Approval.\n\n> Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\n> MSBS means the Military Superannuation and Benefits Scheme established by the Trust Deed under the Military Superannuation and Benefits Act 1991.\n\n> officer has the meaning given by subsection 4(1) of the Defence Act 1903.\n\n> payment phase table means the table in clause 3 of Part 4 of Schedule 1 to the Methods and Factors Approval.\n\n> Regulations means the Family Law (Superannuation) Regulations 2001.\n\n> Rules has the meaning given by subsection 3(1) of the Military Superannuation and Benefits Act 1991.\n\n  (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 4 of an item of the table in section 5 or 6 is to be read as if it were a reference to ‘the appropriate date’.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Determination","content":"#### 4 Application of Determination\n\n  This Determination applies to a superannuation interest in the MSBS for which a method and factors have been approved under Part 4 of Schedule 1 to the Methods and Factors Approval.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Provision of information by trustee—growth phase interests","content":"#### 5 Provision of information by trustee—growth phase interests\n\n  In relation to a superannuation interest mentioned in an item in the following table:\n    (a) for paragraph 64(7)(a) of the Regulations, the trustee of the MSBS is not required to provide the information about the interest mentioned in column 3 of the item; and\n    (b) for paragraph 64(7)(b) of the Regulations, the trustee of the MSBS must provide the information about the interest mentioned in column 4 of the item.\n\n| Item | Superannuation Interest                                   | Information not required to be provided                                     | Information that must be provided                                                                                                                                                                                                                                                                                                                                                 |\n| ---- | --------------------------------------------------------- | --------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | An interest mentioned in item 1 of the growth phase table | The information mentioned in paragraphs 64(4A)(a) to (c) of the Regulations | The information mentioned in the definitions of the following factors in item 1 of the growth phase table:(a) FDB;(b) UDB;(c) MBThe following information about the person who has the interest:(a) the person’s date of birth;(b) whether the person was an officer, or was not an officer, immediately before the time when a preserved benefit became applicable to him or her |\n| 2    | An interest mentioned in item 2 of the growth phase table | The information mentioned in paragraphs 64(4)(a) to (i) of the Regulations  | The information mentioned in the definition of the following factors in item 2 of the growth phase table:(a) EB;(b) FEB;(c) FDB;(d) UDB;(e) MBThe following information about the person who has the interest:(a) the person’s date of birth;(b) whether the person is an officer or is not an officer;(c) the period or periods of the person’s eligible service                 |\n| 3    | An interest mentioned in item 3 of the growth phase table | The information mentioned in paragraphs 64(4)(a) to (i) of the Regulations  | The information mentioned in the definition of the following factors in item 3 of the growth phase table:(a) EB;(b) FDB;(c) UDB;(d) MBThe following information about the person who has the interest:(a) the person’s date of birth;(b) whether the person is an officer or is not an officer;(c) the period or periods of the person’s eligible service                         |","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Provision of information by trustee—payment phase interests","content":"#### 6 Provision of information by trustee—payment phase interests\n\n  In relation to a superannuation interest mentioned in an item in the following table:\n    (a) for the purposes of paragraphs 63(6B)(a) and 64(7B)(a) of the Regulations, the trustee of the MSBS is not required to provide the information about the interest mentioned in column 3 of the item; and\n    (b) for the purposes of paragraphs 63(6B)(b) and 64(7B)(b) of the Regulations, the trustee of the MSBS must provide the information about the interest mentioned in column 4 of the item.\n\n| Item | Superannuation interest                                    | Information not required to be provided                                                                                               | Information that must be provided                                                                                                                                                                                                                                                                                                                                                                    |\n| ---- | ---------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | An interest mentioned in item 1 of the payment phase table | The information mentioned in paragraphs 63(3)(b) and 64(3)(b) of the Regulations                                                      | The information mentioned in the definition of P in item 1 of the payment phase tableThe following information in relation to the person who has the interest:(a) the person’s date of birth;(b) the type of pension to which the person is entitled;(c) the annual amount (if any) of the person’s pension that is payable, in accordance with the Rules, in respect of 1 or more eligible children |\n| 2    | An interest mentioned in item 2 of the payment phase table | The information mentioned in subparagraphs 63(3)(b)(ii), (iii), (iv) and (v) and 64(3)(b)(ii), (iii), (iv) and (v) of the Regulations | The date of birth of the person who has the interest                                                                                                                                                                                                                                                                                                                                                 |","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Determination narrows and specifies the disclosure obligations that apply to MSBS trustees under the Regulations by excluding certain general Regulatory disclosure items and substituting a tailored set of MSBS-specific items for growth and payment phase interests (ss4–6). It also alters an interpretive timing reference by treating certain ‘relevant date’ mentions as the ‘appropriate date’ in factor definitions (s3(2))."},"complexity_factors":["Extensive cross-referencing to external instruments and definitions (Methods and Factors Approval; Family Law (Superannuation) Regulations 2001; Military Superannuation and Benefits Act 1991; Defence Act) (see ss3, 2A, 4).","Two-phase structure (growth phase vs payment phase) with separate tables mapping which specific regulator paragraphs are disapplied and which MSBS-specific items must be supplied (ss5–6).","Prescriptive ‘must provide’ and ‘not required’ rules reduce trustee discretion but increase compliance specificity and record-checking (ss5(a)–(b), 6(a)–(b)).","Dependence on defined factors and table entries in the Methods and Factors Approval (growth phase table, payment phase table) creates layered interpretive work to identify exactly which factor definitions govern disclosure (ss3(1), s5 table, s6 table).","Substitution of terminology for valuation timing—reading ‘relevant date’ as ‘appropriate date’ for certain factor definitions—introduces an interpretive change that requires alignment with valuation practice (s3(2)).","Operational compliance burden for trustees to extract specific personnel and pension data (date of birth, officer status, eligible service periods, pension type and child pension amounts) from MSBS records and Rules (ss5, 6).","Narrow application: the Determination applies only where a method and factors have been approved under the Methods and Factors Approval, limiting its scope but requiring verification of approval status (s4)."],"plain_english_summary":"This Determination tells the trustee of the Military Superannuation and Benefits Scheme (MSBS) which member data they must provide — and which they need not provide — when a superannuation interest is being valued for family law purposes. It applies only to MSBS interests that have an approved valuation method and, depending on whether the interest is in a growth or payment phase, lists required items such as date of birth, officer status, eligible service, pension type and child pension amounts."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This Determination appears tightly scoped to its original purpose: specifying information requirements for the MSBS in family law contexts. It does not expand beyond the military superannuation information provision framework established by the enabling regulations."},"complexity_factors":["Heavy cross-referencing to external documents (Methods and Factors Approval 2003, Family Law (Superannuation) Regulations 2001, Military Superannuation and Benefits Act 1991, Defence Act 1903)","Nested definitions requiring lookup in multiple external instruments (e.g., 'eligible service' defined in Schedule 1 to the Rules, which itself is defined in the MSB Act)","Tabular structure with conditional logic based on which 'phase' (growth vs payment) and which specific item in external tables applies","Technical abbreviations without expansion (FDB, UDB, MB, EB, FEB, P) that require knowledge of the Methods and Factors Approval","Dual-column structure (information NOT required vs information MUST be provided) creating parallel obligations","Specific paragraph and subparagraph references to regulations (e.g., 'paragraphs 64(4A)(a) to (c)', 'subparagraphs 63(3)(b)(ii), (iii), (iv) and (v)') requiring simultaneous reading of multiple documents"],"plain_english_summary":"This law tells the military superannuation fund (MSBS) exactly what information it must give out — and what it can skip — when someone's military super is being valued for a family law settlement (like a divorce).\n\n**What it does:**\nWhen couples split up, their superannuation (retirement savings) often needs to be valued and divided. The MSBS trustee normally has to provide detailed information about a member's super interest. This Determination creates **exceptions** to those rules — it says the trustee **doesn't** have to provide certain standard information, but **must** provide specific alternative information instead.\n\n**Who it affects:**\n- **Military personnel** who have super in the MSBS (Military Superannuation and Benefits Scheme)\n- **Their former partners** who are seeking a share of that super in family law proceedings\n- **The trustee** of the MSBS (the organisation managing the fund)\n\n**Why it matters:**\nMilitary super is complex — it has different phases (\"growth phase\" while you're still serving, \"payment phase\" once you're retired and receiving a pension). This law recognises that standard information requirements don't fit military super well. It streamlines the process by:\n- **Reducing red tape:** The trustee doesn't waste time gathering irrelevant standard data\n- **Ensuring relevance:** It mandates specific military-focused information instead (like whether someone was an officer, their periods of eligible service, or details about children's pensions)\n\n**Key concepts explained:**\n- **Growth phase:** When you're still working/contributing to super (before retirement)\n- **Payment phase:** When you're retired and receiving pension payments\n- **Trustee:** The legal entity that manages the super fund\n- **Determination:** A type of legal instrument made under broader regulations (like a detailed instruction manual for how to apply the rules)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-military-superannuation-and-benefits-scheme-deter","history":"/api/acts/family-law-superannuation-provision-of-information-military-superannuation-and-benefits-scheme-deter/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-military-superannuation-and-benefits-scheme-deter/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-military-superannuation-and-benefits-scheme-deter/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-military-superannuation-and-benefits-scheme-deter/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-military-superannuation-and-benefits-scheme-deter/documents"}}