Family Law (Superannuation) Regulations 2025
129Specific information—the interest is in the growth phase
Start here
Get a plain-English read of 129
Turn the raw legal text into a practical explanation grounded in Family Law (Superannuation) Regulations 2025.
129 Specific information—the interest is in the growth phase
(1) For the purposes of paragraph 127(1)(g), the growth phase information for the superannuation interest is as follows: (a) if any pension payable in respect of the interest is indexed and, if so, the method of indexation; (b) if any pension payable in respect of the interest has a guarantee period and, if so, the length of the guarantee period; (c) 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; (d) 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; (e) 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); (f) 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; and (iii) giving details of any other information necessary for determining the gross value of the interest; (g) 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; 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 a method or factors approved by the Minister under section 62.
Note: The trustee is not required to provide the information mentioned in paragraph (d) to the applicant in certain circumstances (see paragraph 131(1)(b)).
(2) If: (a) paragraph (1)(h) applies to the application for information about the superannuation interest; and (b) the trustee, in response to the application: (i) provides the gross value of the interest at the appropriate date, determined in accordance with a method or factors approved by the Minister under section 62; but (ii) does not provide sufficient information to enable the applicant to check whether that gross value of the interest has been correctly determined in accordance with the approved method or factors; and (c) the applicant makes a further application that complies with subsection 90XZB(3) or 90YZR(3) of the Act for specific underlying valuation information for the interest; then, for the purposes of subsection 90XZB(3) or 90YZR(3) of the Act, that specific underlying valuation information is information that must be provided by the trustee in response to the further application within a reasonable time.