SCHEDULE 1 - Family Law (SplitSCHEDULE 1 - Family Law (Splitting of Superannuation Interests)

# SCHEDULE 1 - Family Law (Split SCHEDULE 1 - Family Law (Splitting of Superannuation Interests) [*\[Schedule 1 Inserted by No. 55 of 2003, s. 8, Applied:25 Sep 2003\]*](/view/html/inforce/2003-09-25/act-2003-055#GS8@EN) [Section 13A(1)(b)](#GS13A@Gs1@Hpb@EN) and [(2)](#GS13A@Gs2@EN) > **1.   **Interpretation**** > > > [*\[Schedule 1 Amended by No. 5 of 2004, Sched. 1, Applied:09 Jun 2004\]*](/view/html/inforce/2004-06-09/act-2004-005#JS1@Ja2@GC1@Hpa@EN) In this Schedule – > > > > > ***Family Law Act*** means the [Family Law Act 1975](/view/html/inforce/2026-04-12/act-1975-053) of the Commonwealth; > > > > > ***flag lifting agreement*** has the meaning given by section 90MN of the Family Law Act; > > > > > ***flagging order*** means an order mentioned in section 90MU(1) of the Family Law Act; > > > > > ***member*** has the meaning given by section 90MD of the Family Law Act; > > > > > ***member spouse*** has the meaning given by section 90MD of the Family Law Act; > > > > > ***non-member spouse*** has the meaning given by section 90MD of the Family Law Act; > > > > > ***operative time*** has the meaning given by section 90MD of the Family Law Act; > > > > > ***splittable payment*** has a meaning in accordance with section 90ME of the Family Law Act; > > > > > ***splitting instrument*** means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order; > > > > > ***splitting order*** means an order mentioned in section 90MT(1) of the Family Law Act; > > > > > ***spouse*** has the meaning given by section 90MD of the Family Law Act; > > > > > ***superannuation agreement*** has the meaning given by section 90MH of the Family Law Act; > > > > > ***superannuation interest*** has the meaning given by section 90MD of the Family Law Act. > **2.   **Application of this Schedule**** > > > This Schedule applies to – > > > > > > (a) any benefit under this Act that is a superannuation interest; and > > > > > > > (b) any splitting instrument that has an operative time on or after 28 December 2002. > **3.   **Objects of this Schedule**** > > > > (1) The objects of this Schedule are to carry into effect the provisions of the Family Law Act relating to the splitting of superannuation interests. > > > > > (2) If a provision of this Schedule is inconsistent with a provision of the Family Law Act, the latter provision prevails to the extent of the inconsistency. > **4.   **Duty of Minister to give effect to splitting instruments under Family Law Act**** > > > > (1) Where a splitting instrument affects an entitlement to a benefit of a member spouse under this Act, the Minister must give effect to that instrument in paying or determining that benefit. > > > > > (2) The Minister is not to make a payment to a non-member spouse under this Act before a splittable payment is payable to, or in respect of, the relevant member spouse. > **5.   **Commutation of pension on death of non-member spouse**** > > > > (1) Where a share of a pension is payable to a non-member spouse under this Schedule, the Minister is to commute that share to a lump sum if that non-member spouse predeceases the member spouse in respect of whom the pension is being paid. > > > > > (2) For the purposes of [subclause (1)](#JS1@GC5@Gc1@EN) , the commutation factors are to be determined by the Minister on the advice of the Actuary. > > > > > (3) A share of a pension paid or payable to a non-member spouse under this Schedule does not revert to the widow or widower of that non-member spouse on the death of that non-member spouse. > > > > > (4) A lump sum payment calculated under [subclause (1)](#JS1@GC5@Gc1@EN) is to be paid to the legal personal representative of the non-member spouse and is to be made in accordance with Part VIIIB of the Family Law Act. > > > > > (5) A share of a pension payable to a non-member spouse under this Schedule ceases – > > > > > > > > (a) on the death of the relevant member spouse; or > > > > > > > > > (b) where a reversionary pension is payable in respect of a member spouse, on the cessation of that reversionary pension. > **6.   **Effect of benefit under splitting instrument**** > > > If a member spouse dies and is survived by a non-member spouse who has received, is receiving or is entitled to receive, a benefit under a splitting instrument in respect of the superannuation interest of the member spouse, that non-member spouse is not entitled to a benefit under this Act in respect of the deceased member spouse except in accordance with that instrument. > **7.   **Fees for administration of Schedule**** > > > For the purposes of administering this Schedule, the Minister may charge reasonable fees in accordance with the Family Law Act. > **8.   **Provision of information by Minister**** > > > [*\[Schedule 1 Amended by No. 5 of 2004, Sched. 1, Applied:09 Jun 2004\]*](/view/html/inforce/2004-06-09/act-2004-005#JS1@Ja2@GC1@Hpb@EN) Where an eligible person, within the meaning of section 90MZB of the Family Law Act, has applied to the Minister for information in accordance with that section about the superannuation interest of a person entitled to a pension under this Act, the Minister must comply with the requirements of that Act as if he or she were the trustee of a superannuation fund.