Family Law (Superannuation) Regulations 2025
113Specific information—the interest is in the growth phase and held as a result of employment in which the member is still engaged
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113 Specific information—the interest is in the growth phase and held as a result of employment in which the member is still engaged
(1) For the purposes of paragraph 111(1)(g), the growth phase information for the superannuation interest is as follows: (a) the member’s retirement age; (b) the member spouse’s accrued benefit multiple (within the meaning given by section 117) for any lump sum, or pension, payable in respect of the interest; (c) the salary figure, on which any benefit payable in respect of the interest would be based, assuming that the member were eligible to retire at the appropriate date; (d) if: (i) the benefit in respect of the interest is payable as a combination of a lump sum and a pension; and (ii) the governing rules of the plan restrict the proportion of the pension that may be commuted to a lump sum; the maximum amount of pension that may be commuted to a lump sum, expressed as a percentage of the amount of the pension that would be payable if the whole benefit were to be taken as a pension; (e) if: (i) the benefit in respect of the interest is payable as a combination of a lump sum and a pension; and (ii) the governing rules of the plan restrict the proportion of the lump sum that may be converted to a pension; the maximum amount of the lump sum that may be converted to a pension, expressed as a percentage of the amount of the lump sum that would be payable if the whole benefit were to be taken as a lump sum; (f) if any pension payable in respect of the interest is indexed and, if so, the method of indexation; (g) if any pension payable in respect of the interest has a guarantee period and, if so, the length of the guarantee period; (h) the conversion factor for converting a lump sum to a pension that will apply at the member’s retirement age; (i) the commutation factor for commuting a pension to a lump sum that will apply at the member’s retirement age; (j) if benefits in respect of the interest may be payable to a reversionary beneficiary who is a non‑member spouse—the proportion of payment in respect of the interest that the non‑member spouse would receive, as a reversionary beneficiary, on the death of the member; (k) unless the interest is in a constitutionally protected fund—the amount (if any) that was stated to be the surcharge debt of the member in the most recent member information statement for the member spouse and the interest that was provided to the member before the appropriate date; (l) if the interest is in a regulated superannuation fund or an RSA: (i) the amount of restricted non‑preserved benefits that had accrued to the member, and would be payable to the member, if the member were to resign from the member’s employment on the date when the information is provided; and (ii) the amount (if any) of the member’s unrestricted non‑preserved benefits; (m) if the interest is in an approved deposit fund—the amount, at the date when the information is provided, of the member’s unrestricted non‑preserved benefits; (n) if: (i) a 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; and (ii) the amount of the payment had been the amount payable to the member if the member had voluntarily ceased to be a member of the plan; the value: (iii) that each of the components of the superannuation lump sum would have had under Subdivision 307‑C of that Act; and (iv) that each of the elements of the taxable component would have had under Subdivision 307‑E of that Act (if applicable); (o) a statement: (i) indicating whether the Minister has approved, under section 62, a method or factors for determining the gross value of the interest; and (ii) giving details of any method or factors so approved; (p) if the trustee has given information under Division 2.5 of the SIS Regulations to each member of the plan that the plan is to be reconstructed or terminated—a statement to this effect; (q) 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) Schedule 3; or (ii) a method or factors approved by the Minister under section 62.