Section 1 - Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004 - Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004

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Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004

Statutory Rules 2004 No. 100 as amended

made under the

Defence Forces Retirement Benefits Act 1948

This compilation was prepared on 24 December 2004
taking into account amendments up to SR 2004 No. 409

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

1.01 Name of Orders

1.02 Commencement

1.03 Definitions

Part 2 Orders for the calculation of certain amounts

2.01 Scheme value

2.02 Annual rate of associate pension

2.03 Indexation of associate pension

2.04 Commutation of small associate pension — amount

2.05 Indexation of amount for small associate pension

2.06 Reduction of standard pension

Notes

Part 1 Preliminary

1.01 Name of Orders

These Orders are the Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004.

1.02 Commencement

These Orders commence, or are taken to have commenced, on the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004.

1.03 Definitions

(1) In these Orders:

Act means the Defence Forces Retirement Benefits Act 1948.

Family Law Act means the Family Law Act 1975.

FLS Regulations means the Family Law (Superannuation) Regulations 2001.

(2) An expression that is used in these Orders and defined in section 80A of the Act has the meaning given by that section.

Note Section 80A of the Act defines expressions including non-member spouse, operative time and transfer amount. Some expressions are defined in section 80A to have the same meaning as in the Family Law Act.

Part 2 Orders for the calculation of certain amounts

2.01 Scheme value

For the definition of scheme value in section 80A of the Act, the scheme value in relation to a member spouse is determined as follows:

Step 1	Identify the methodology and factors set out in regulations made for section 90MT of the Family Law Act that would be used to determine the family law value in relation to the member spouse in accordance with that section as if that section applied in relation to the member spouse.Note The family law value is determined in accordance with the FLS Regulations that are made for paragraph 90MT (2) (a) of the Family Law Act. The process of determining the family law value may include reliance on methodology and factors approved by the Attorney-General under subsection 90MT (3) of that Act.
Step 2	Substitute the factors with factors nominated by an actuary for these Orders.
Step 3	Use the methodology identified in step 1, and the factors substituted in step 2, to determine the scheme value in relation to the member spouse.

Step 1

Identify the methodology and factors set out in regulations made for section 90MT of the Family Law Act that would be used to determine the family law value in relation to the member spouse in accordance with that section as if that section applied in relation to the member spouse.Note The family law value is determined in accordance with the FLS Regulations that are made for paragraph 90MT (2) (a) of the Family Law Act. The process of determining the family law value may include reliance on methodology and factors approved by the Attorney-General under subsection 90MT (3) of that Act.

Step 2

Substitute the factors with factors nominated by an actuary for these Orders.

Step 3

Use the methodology identified in step 1, and the factors substituted in step 2, to determine the scheme value in relation to the member spouse.

2.02 Annual rate of associate pension

For subsection 80B (2) of the Act, the annual rate of associate pension payable to a non-member spouse to whom that subsection applies is calculated as follows:

Step 1	Identify the transfer amount in relation to the non-member spouse.Note Subsection 80B (2) of the Act requires the rate of associate pension to be calculated by reference to the transfer amount.

Step 2	Identify a pension factor, nominated by an actuary for these Orders, based on the non‑member spouse’s age and gender.Note Schedule 4 to the FLS Regulations sets out general pension factors based on age and gender, but those factors are not specific to benefits payable under the Act.
Step 3	Divide the transfer amount by the pension factor worked out in step 2.

The result is the annual rate of the associate pension.

Note The associate pension does not include a reversionary component.

2.03 Indexation of associate pension

(1) This section applies if the all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of the half‑year immediately preceding a prescribed half-year (the CPI index number) exceeds the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of any earlier half-year.

(2) A person to whom an associate pension was payable immediately before the commencement of the prescribed half‑year is entitled, at the commencement of the prescribed half‑year, to an increase in the rate at which the associate pension was payable to him or her immediately before the commencement of the prescribed half-year (the relevant rate of associate pension).

(3) The increase is the prescribed percentage, worked out in accordance with subsection (4), of the relevant rate of associate pension.

(4) To work out the prescribed percentage for a prescribed half‑year:

(a) from the CPI index number subtract the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician for the first quarter of any half‑year earlier than the half-year immediately preceding the prescribed half‑year; and

(b) express the result as a percentage of the highest all groups consumer price index number in paragraph (a).

(5) If:

(a) a person to whom an associate pension is payable would be entitled to an increase in the rate at which the associate pension was payable to him or her immediately before the commencement of the prescribed half-year; and

(b) the associate pension became payable in relation to a member spouse’s pension that first became payable to the member spouse on or before 16 June or 16 December (as the case requires) in the preceding half-year;

the amount of the increase is an amount calculated in accordance with the formula:

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where:

full increase means the amount of the increase that would have been applicable but for this subsection.

number of months in period means the number of months in the period that began on the day on which the member spouse’s pension became payable and ended on 30 June or 31 December in the preceding half-year.

(6) If the period referred to in subsection (5) is less than 1 month, that period is treated as 1 month.

(7) If the period referred to in subsection (5) consists of a number of whole months and a part of a month:

(a) where the number of days in that part of that month is less than one-half of the number of days in that month — that part is disregarded; and

(b) where the number of days in that part of that month is more than one-half of the number of days in that month — that part is treated as a whole month.

(8) In this section:

preceding half-year, in relation to a pension, means the half‑year immediately preceding the prescribed half-year.

2.04 Commutation of small associate pension — amount

(1) For subsection 80C (1) of the Act, the amount is $1 303.03.

(2) On 1 January 2005, the amount mentioned in subsection (1) is indexed in accordance with section 2.05.

(3) On 1 July 2005, and on 1 January and 1 July in each year following 2005, the indexed amount in force immediately before that date is indexed in accordance with section 2.05.

2.05 Indexation of amount for small associate pension

(1) If the all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of the half-year before the date of the indexation (factor A) exceeds the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of any earlier half-year, not being a half‑year earlier than the half-year that commenced on 1 January 2004 (factor B), the amount is increased at the rate worked out in accordance with subsection (2).

(2) The rate is A – B expressed as a percentage of B.

2.06 Reduction of standard pension

For subsection 80D (1) of the Act, the amount to which an annual rate of standard pension payable in respect of an original interest is to be reduced is calculated as follows:

Step 1	Identify the annual rate of standard pension that was payable to the member spouse immediately before the operative time.
Step 2	Calculate a reduction factor using the formula
Step 3	Multiply the amount identified in step 1 by the reduction factor.

The result is the annual rate of the standard pension payable after the operative time in respect of the original interest.

Notes to the Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004

Note 1

Note: The Defence Forces Retirement Benefits (Family Law Superannuation) Orders 2004 (in force under the Defence Forces Retirement Benefits Act 1948) as shown in this compilation comprise Statutory Rules 2004 No. 100 amended as indicated in the Tables below.

Note: > Note: Table of Statutory Rules

Year andnumber	Date of notificationin Gazette	Date ofcommencement	Application, saving ortransitional provisions
2004 No. 100	20 May 2004	18 May 2004 (see s. 1.02)
2004 No. 409	24 Dec 2004	Ss. 1–3 and Schedule 1: 1 July 2004Remainder: 24 Dec 2004	—

Note: > Note: Table of Amendments

<table cellspacing="0" cellpadding="0" style="width:365.7pt; border-collapse:collapse"><tbody><tr><td colspan="2" style="width:354.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:233pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 2.04</span><span style="width:84.88pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td style="width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2004 No. 409</span></p></td></tr><tr><td style="width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>S. 2.05</span><span style="width:84.88pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td style="width:233pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2004 No. 409</span></p></td></tr></tbody></table>

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