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Name of Determination
1 Name of Determination
This Determination is the Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003.
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Commonwealth legislation
This Determination requires the trustee of the SA Local Government Superannuation Scheme to supply specific valuation information for certain superannuation interests where valuation methods and factors have been approved. It affects trustees, scheme members, and family law applicants who need a value for dividing superannuation. It matters because it prescribes what figures must be provided and allows the requester to fix the valuation date, shaping evidence and compliance in family law property matters.
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Direct links to the current provisions in Family Law (Superannuation) (Provision of Information - SA Local Government Superannuation Scheme) Determination 2003.
This Determination is the Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003.
This Determination is made under subregulation 64(7AA) of the Family Law (Superannuation) Regulations 2001.
In this Determination:
Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
Rules means the rules set out in Division 4 of the trust deed.
SA Local Government Superannuation Fund means the Fund established by the Rules.
SA Local Government Superannuation Scheme means the scheme continued in existence by paragraph 2(1)(b) of Schedule 1 to the Local Government (Superannuation Scheme) Amendment Act 2008 of South Australia.
trust deed means the declaration of trust dated 8 February 1988, made by Host‑Plus Pty Ltd, as amended and in force on 29 April 2022.
This Determination applies in relation to a superannuation interest in the SA Local Government Superannuation Scheme for which a method and factors have been approved under Part 2 of Schedule 6 to the Methods and Factors Approval.
For the purposes of paragraph 64(7AA)(c) of the Family Law (Superannuation) Regulations 2001, the trustee of the SA Local Government Superannuation Scheme must provide the following information about the superannuation interest: (a) for an interest mentioned in item 1 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the balance of the member’s accumulation benefit: (i) at the date when the application for information is received by the trustee; or (ii) if the application for information specifies that the information is required in relation to an earlier date—at that earlier date; (b) for an interest mentioned in item 2 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the value of the benefit retained by the member spouse in the SA Local Government Superannuation Fund under rule 58 of Sub‑division C of the Rules: (i) at the date when the application for information is received by the trustee; or (ii) if the application for information specifies that the information is required in relation to an earlier date—at that earlier date.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Determination is the Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003.
This Determination is made under subregulation 64(7AA) of the Family Law (Superannuation) Regulations 2001.
In this Determination:
Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
Rules means the rules set out in Division 4 of the trust deed.
SA Local Government Superannuation Fund means the Fund established by the Rules.
SA Local Government Superannuation Scheme means the scheme continued in existence by paragraph 2(1)(b) of Schedule 1 to the Local Government (Superannuation Scheme) Amendment Act 2008 of South Australia.
trust deed means the declaration of trust dated 8 February 1988, made by Host‑Plus Pty Ltd, as amended and in force on 29 April 2022.
This Determination applies in relation to a superannuation interest in the SA Local Government Superannuation Scheme for which a method and factors have been approved under Part 2 of Schedule 6 to the Methods and Factors Approval.
For the purposes of paragraph 64(7AA)(c) of the Family Law (Superannuation) Regulations 2001, the trustee of the SA Local Government Superannuation Scheme must provide the following information about the superannuation interest: (a) for an interest mentioned in item 1 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the balance of the member’s accumulation benefit: (i) at the date when the application for information is received by the trustee; or (ii) if the application for information specifies that the information is required in relation to an earlier date—at that earlier date; (b) for an interest mentioned in item 2 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the value of the benefit retained by the member spouse in the SA Local Government Superannuation Fund under rule 58 of Sub‑division C of the Rules: (i) at the date when the application for information is received by the trustee; or (ii) if the application for information specifies that the information is required in relation to an earlier date—at that earlier date.