{"id":"F2005L00822","name":"Family Law (Superannuation) (Provision of Information - Parliamentary Contributory Superannuation Scheme) Determination 2005","slug":"family-law-superannuation-provision-of-information-parliamentary-contributory-superannuation-scheme-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436650,"registerId":"F2005L00822-fast-fetch-1775953779920","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law (Superannuation) (Provision of Information - Parliamentary Contributory Superannuation Scheme) Determination 2005","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\n\nFamily Law (Superannuation) (Provision of Information — Parliamentary Contributory Superannuation Scheme) Determination 2005\n\nI, PHILIP MAXWELL RUDDOCK, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.\n\nDated 30 March 2005\n\nPHILLIP RUDDOCK\n\nAttorney-General\n\nContents\n\n 1 Name of Determination \n\n 2 Commencement \n\n 3 Definitions \n\n 4 Application of Determination \n\n 5 Provision of information by trustee — growth phase interests \n\n 6 Provision of information by trustee — payment phase interests \n\n \n\n \n\n \n\n1 Name of Determination\n\n This Determination is the Family Law (Superannuation) (Provision of Information — Parliamentary Contributory Superannuation Scheme) Determination 2005.\n\n2 Commencement\n\n This Determination commences on the day after it is registered.\n\n3 Definitions\n\n (1) In this Determination:\n\nannuity has the meaning given by subsection 4 (1) of the PCS Act.\n\nassociate deferred annuity has the meaning given by section 22CA of the PCS Act.\n\ngrowth phase table means the table in clause 2 of Part 5 of Schedule 1 to the Methods and Factors Approval.\n\nmember has the meaning given by subsection 4 (1) of the PCS Act.\n\nMethods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\npayment phase table means the table in clause 3 of Part 5 of Schedule 1 to the Methods and Factors Approval.\n\nPCS Act means the Parliamentary Contributory Superannuation Act 1948.\n\nPCS Scheme means the retirement scheme constituted by the PCS Act.\n\nperiod of service has the meaning given by subsection 4 (1) of the PCS Act.\n\nRegulations means the Family Law (Superannuation) Regulations 2001.\n\nretiring allowance has the meaning given by subsection 4 (1) of the PCS Act.\n\nSecretary has the meaning given by section 22CA of the PCS Act.\n\nsplitting agreement has the meaning given by section 22CA of the PCS Act.\n\ntransfer amount has the meaning given by section 22CA of the PCS Act.\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’.\n\n4 Application of Determination\n\n This Determination applies to a superannuation interest in the PCS Scheme for which a method and factors have been approved under Part 5 of Schedule 1 to the Methods and Factors Approval.\n\n5 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\n (a) for paragraph 64 (7) (a) of the Regulations, the trustee of the PCS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and\n\n (b) for paragraph 64 (7) (b) of the Regulations, the trustee of the PCS Scheme must provide the information about the interest mentioned in column 4 of the item.\n\n \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 (4) (a) and (b) and (d) to (i) of the Regulations | The information mentioned in the definition of the following factors in item 1 of the growth phase table:
(a) ABP;
(b) AARA;
(c) PC;
(d) LS
The following information in relation to the person who has the interest:
(a) the person’s date of birth;
(b) the number of complete years in the person’s period of service at the date of the last House of Representatives election before the appropriate date;
(c) whether the person became a member (by election or otherwise) at or after the general election on 10 November 2001;
(d) for a member of the Senate — whether he or she last became a member of the Senate (by election or otherwise) before the last election for the House of Representatives before the appropriate date |\n| 2 | An interest mentioned in item 2 of the growth phase table | The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations | The information mentioned in the definition of the following factors in item 2 of the growth phase table:
(a) ABP;
(b) Parl. A;
(c) AARA;
(d) PC
The date of birth of the person who has the interest |\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 following information in relation to the person who has the interest:
(a) the value of the person’s transfer amount;
(b) the operative time of each splitting order and splitting agreement received by the Secretary in respect of the person’s interest;
(c) for each splitting order or splitting agreement mentioned in paragraph (b) — the amount of the reduction that would apply under section 22CI of the PCS Act if the person’s associate deferred annuity had become payable |\n\n\n6 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\n (a) for paragraph 64 (7B) (a) of the Regulations, the trustee of the PCS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and\n\n (b) for paragraph 64 (7B) (b) of the Regulations, the trustee of the PCS Scheme must provide the information about the interest mentioned in column 4 of the item.\n\n \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 subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The following information in relation to the person who has the interest:
(a) the person’s date of birth;
(b) the type of retiring allowance or annuity to which the person is entitled |\n| 2 | An interest mentioned in item 2 of the payment phase table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The date of birth of the person who has the interest |\n| 3 | An interest mentioned in item 3 of the payment phase table | The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations | The following information in relation to the person who has the interest:
(a) the person’s date of birth;
(b) the type of associate deferred annuity payable to the person |\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":4,"scope_assessment":{"changed":false,"description":"This Determination appears tightly scoped to its original purpose. It specifically addresses the information disclosure requirements for the Parliamentary Contributory Superannuation Scheme in the context of family law superannuation splitting. The content aligns with the enabling provisions in subregulations 64(7) and (7B) of the Family Law (Superannuation) Regulations 2001, dealing with the specific technical challenge of valuing parliamentary pensions. There is no evidence of scope creep beyond this narrow administrative function."},"complexity_factors":["13 defined terms in section 3, many cross-referencing other legislation (PCS Act, Methods and Factors Approval, Regulations)","Extensive cross-referencing to external instruments: Family Law (Superannuation) Regulations 2001, Parliamentary Contributory Superannuation Act 1948, and the Methods and Factors Approval 2003","Nested table structures with conditional logic — different information requirements depending on which 'item' in the growth phase or payment phase table applies","Technical abbreviations and actuarial factors (ABP, AARA, PC, LS, Parl. A) that require external knowledge to understand","Dual-phase structure (growth vs payment phase) with different rules for each","Specific parliamentary timing references (e.g., 'last House of Representatives election before the appropriate date', 'general election on 10 November 2001') that create conditional triggers"],"plain_english_summary":"This Determination requires the trustee of the Parliamentary Contributory Superannuation Scheme to supply specified information (and withhold unnecessary material) to family law courts valuing politicians’ superannuation in divorce or separation proceedings. It affects current and former scheme members, their former partners, and the trustee. Because the scheme is a unique defined‑benefit pension with complex valuation rules, the Determination streamlines what courts receive so entitlements can be fairly and efficiently valued and split."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination does not broaden the classes of interests covered by the underlying Regulations; it specifies which data trustees of the PCS Scheme must, and must not, provide in relation to PCS superannuation interests for which valuation methods and factors have been approved (see cl 4 and ss 5–6). It therefore confines and clarifies trustee information duties for those approved interests rather than changing the overall statutory scope."},"complexity_factors":["Extensive cross-references to other instruments and statutes: Family Law (Superannuation) Regulations 2001 (especially ss 64(7) and 64(7B)), the Parliamentary Contributory Superannuation Act 1948 (PCS Act) and the Methods and Factors Approval.","Multiple defined terms and substitutions (e.g. 'appropriate date' replacing 'relevant date' per cl 3(2)), requiring contextual reading of external documents.","Two separate regimes (growth‑phase and payment‑phase interests) with distinct tables and itemised exceptions and required data (ss 5–6).","Conditional obligations: trustee is expressly not required to provide certain Regulation items but must provide specific factor inputs or personal data in corresponding table columns.","Dependency on non‑self‑contained tables and factor names (ABP, AARA, PC, LS, Parl. A, etc.) whose meanings are in the Methods and Factors Approval, requiring cross-document interpretation.","Operational details tied to splitting orders/agreements (operative times, transfer amounts, section 22CI reductions) that reference PCS Act mechanics and calculations.","Different information requirements depending on member class (e.g. Senate vs House timing, election dates, membership start) increasing case‑by‑case analysis.","Precision of data elements (dates of birth, number of complete years of service, types of annuity/retiring allowance) raises compliance and record‑checking burdens for trustees."],"plain_english_summary":"This Determination tells the trustee of the Parliamentary Contributory Superannuation Scheme (PCS) which member information must — and which need not — be provided for family law valuation and splitting of PCS superannuation interests. It applies only to PCS interests where valuation methods and factors in the Methods and Factors Approval have been approved. It affects PCS members, their former spouses/partners who seek valuation/splitting information, the PCS trustee (who must supply specified factor inputs, dates and splitting-order details), and the Secretary as a recipient/actor under PCS Act definitions."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-superannuation-provision-of-information-parliamentary-contributory-superannuation-scheme-","history":"/api/acts/family-law-superannuation-provision-of-information-parliamentary-contributory-superannuation-scheme-/history","analysis":"/api/acts/family-law-superannuation-provision-of-information-parliamentary-contributory-superannuation-scheme-/analysis","conflicts":"/api/acts/family-law-superannuation-provision-of-information-parliamentary-contributory-superannuation-scheme-/conflicts","importantCases":"/api/acts/family-law-superannuation-provision-of-information-parliamentary-contributory-superannuation-scheme-/important-cases","documents":"/api/acts/family-law-superannuation-provision-of-information-parliamentary-contributory-superannuation-scheme-/documents"}}