52Gross value—most defined benefit interests

52 Gross value—most defined benefit interests

(1) This section applies for the superannuation interest if item 1 of the table in section 51 applies for the interest. Minister has approved one or more methods or factors, and there is evidence that the trustee has used those methods or factors (2) If: (a) under section 62, the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; and (b) evidence before the court includes the contents of a statement that: (i) was issued by the trustee of the plan in which the interest is held; and (ii) sets out the gross value of the interest as determined using the approved methods or factors; the gross value of the superannuation interest at the relevant date is as set out in the statement. Minister has not approved any methods or factors, and there is evidence that the trustee has used the method in Schedule 3 (3) If: (a) paragraph (2)(a) does not apply; and (b) evidence before the court includes the contents of a statement that: (i) was issued by the trustee of the plan in which the superannuation interest is held; and (ii) sets out the gross value of the interest as determined using the method set out in Schedule 3; the gross value of the superannuation interest at the relevant date is as set out in the statement. There is no evidence before the court of the contents of a statement referred to in paragraph (2)(b) or (3)(b) (4) If neither paragraph (2)(b) nor (3)(b) applies, the gross value of the superannuation interest at the relevant date is to be determined using: (a) if, under section 62, the Minister has approved one or more methods or factors to be used to determine the gross value of the interest—the approved methods or factors; or (b) otherwise—the method set out in Schedule 3. Approval of retirement age (5) For the purposes of subsection (2), (3) or (4), the Minister may, by legislative instrument, approve, as the retirement age for all members of a specified eligible superannuation plan in which a defined benefit interest is held, or an identifiable class of members of the plan, an age other than: (a) the retirement age specified in the governing rules of the plan; or (b) the age of 65 years.

Note: Eligible superannuation plans may be specified by class (see subsection 13(3) of the Legislation Act 2003).