Family Law (Superannuation) Regulations 2025
105Specific information—the interest is in the payment phase
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105 Specific information—the interest is in the payment phase
For the purposes of paragraph 104(1)(f), the payment phase information for the superannuation interest is: (a) if the member is receiving ongoing pension payments in respect of an allocated pension—the withdrawal benefit for the member at the appropriate date; and (b) if the member is receiving ongoing pension payments in respect of a market linked pension—the market linked pension account balance at the appropriate date; and (c) if the member is receiving ongoing pension payments in respect of a pension other than an allocated pension or a market linked pension: (i) the amount of annual pension benefit payable to the member at the appropriate date; and (ii) a statement indicating whether the pension benefit is a lifetime pension or a fixed‑term pension; and (iii) if the pension is a fixed‑term pension—the date when the pension payments commenced, and the length of the fixed term; and (iv) a statement indicating whether the pension benefit is indexed and, if so, the method of indexation; and (v) a statement indicating whether there is any reversionary beneficiary who is a non‑member spouse in relation to the pension benefit and, if so, the proportion of the ongoing pension payments that would be payable to the reversionary beneficiary on the death of the member; and (d) if a lump sum is payable to the member in respect of the interest at the date when the information is provided or at any later date, and the amount of the lump sum is known—the amount of the lump sum; and (e) if a lump sum (a future lump sum) is payable to the member in respect of the interest at a date after the date when the information is provided, and the amount of the lump sum is not known: (i) the amount of the lump sum that would have been paid at the date when the information is provided if a lump sum were payable at that date (the nominal lump sum); and (ii) the method that is to be used to index the nominal lump sum to determine the amount of the future lump sum; and (f) if a lump sum payment that would have been a superannuation lump sum (within the meaning of the Income Tax Assessment Act 1997) had been made in respect of the interest at the date when the information is provided: (i) the amount of the payment; and (ii) the value that each of the components of the superannuation lump sum would have had under Subdivision 307‑C of that Act; and (iii) the value that each of the elements of the taxable component would have had under Subdivision 307‑E of that Act (if applicable); and (g) a statement: (i) indicating whether the Minister has approved, under section 70, a method or factors for determining the gross value of the interest; and (ii) giving details of any method or factors so approved; and (h) if the application for information specifically requests the trustee to provide it and the trustee chooses to do so—the gross value of the interest at the appropriate date, determined in accordance with: (i) whichever of the methods in Division 2 of Part 6 that applies to the interest; or (ii) a method or factors approved by the Minister under section 70.