Family Law (Superannuation) Regulations 2025 (Cth)

Family Law (Superannuation) Regulations 2025

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 20 February 2025

Sam Mostyn AC Governor‑General

By Her Excellency's Command

Mark Dreyfus KC Attorney‑General

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions 5 Meaning of component of a superannuation interest 6 Meaning of defined benefit interest 7 Meaning of growth phase—superannuation interests in regulated superannuation funds, approved deposit funds and RSAs 8 Meaning of growth phase—superannuation interests in other eligible superannuation plans 9 Meaning of payment phase 10 Meaning of partially vested accumulation interest 11 Meaning of percentage‑only interest 12 Meaning of trustee 13 Meaning of unflaggable interest 14 Meaning of unsplittable interest 15 Meaning of lifetime pension etc. Part 2—Payments that are not splittable payments: payments of a particular character, or payments after death of member spouse 16 Payments of a particular character that are not splittable payments 17 Payments after death of member spouse that are not splittable payments Part 3—Payments that are not splittable payments: payments made in particular circumstances Division 1—Preliminary 18 Simplified outline of this Part 19 Meaning of relevant condition of release Division 2—Circumstances when payments are not splittable payments 20 Circumstances when payments are not splittable payments Division 3—When the payment relates to a superannuation interest that is not a percentage‑only interest Subdivision A—New interest created, or amount transferred or rolled over or paid, under SIS Regulations or RSA Regulations, in satisfaction of the non‑member spouse's entitlement 21 Requirements of this Subdivision Subdivision B—New interest otherwise created, or amount otherwise transferred or rolled over or paid, by trustee, or separate entitlement arising, in satisfaction of non‑member spouse's entitlement under agreement or order 22 Requirements of this Subdivision 23 Main circumstances when this Subdivision applies 24 Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non‑member spouse 25 Meaning of value of the non‑member spouse's entitlement Division 4—When the payment relates to a superannuation interest that is a percentage‑only interest Subdivision A—New interest created, or amount transferred or rolled over or paid, by trustee, or separate entitlement arising, in satisfaction of non‑member spouse's entitlement under agreement or order 26 Requirements of this Subdivision 27 Main circumstances when this Subdivision applies 28 Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non‑member spouse 29 Meaning of value of the non‑member spouse's entitlement Subdivision B—New deferred annuity established, or amount transferred or rolled over or paid, by trustee of deferred annuity in satisfaction of non‑member spouse's entitlement under agreement or order 30 Requirements of this Subdivision 31 Circumstances when this Subdivision applies 32 Meaning of value of the non‑member spouse's entitlement Subdivision C—New annuity established or amount transferred or rolled over or paid by trustee of a superannuation annuity (other than under Subdivision B) in satisfaction of non‑member spouse's entitlement under agreement or order 33 Requirements of this Subdivision 34 Circumstances when this Subdivision applies 35 Meaning of value of the non‑member spouse's entitlement Division 5—When the payment by the member spouse is in satisfaction of the non‑member spouse's entitlement under agreement or order 36 Requirements of this Division Part 4—Payment splitting or flagging by agreement Division 1—Superannuation interest that is not a percentage‑only interest 37 Application of this Division—agreements specifying a base amount or method for calculating a base amount 38 Entitlement of non‑member spouse under the agreement—superannuation interest not in existence or in growth phase 39 Entitlement of non‑member spouse under the agreement—superannuation interest in payment phase Division 2—Superannuation interest that is a percentage‑only interest 40 Application of this Division—agreements specifying a percentage 41 Entitlement of non‑member spouse under the agreement—splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity) 42 Entitlement of non‑member spouse under the agreement—splittable payment payable in respect of interest in a superannuation annuity Part 5—Payment splitting or flagging by court order Division 1—Simplified outline 43 Simplified outline of this Part Division 2—All superannuation interests Subdivision A—Determining the value of the superannuation interest of the member spouse 44 Determining the value of certain superannuation interests of member spouses 45 Determining the value of small superannuation accounts interests of member spouses Subdivision B—Calculating the amount the non‑member spouse is entitled to be paid in respect of certain superannuation interests of the member spouse 46 Entitlement of non‑member spouse under a splitting order—interests other than percentage‑only interests and small superannuation accounts interests Division 3—Superannuation interest that is a percentage‑only interest 47 Application of this Division 48 Entitlement of non‑member spouse under the order—superannuation interest (other than an interest in a superannuation annuity) 49 Entitlement of non‑member spouse under the order—superannuation interest in a superannuation annuity Part 6—Determining the value of certain superannuation interests of member spouses Division 1—Determining the value of superannuation interests in the growth phase at the relevant date 50 Simplified outline of this Division 51 Determining the value of superannuation interests in the growth phase at the relevant date 52 Gross value—most defined benefit interests 53 Gross value—accumulation interest (other than a partially vested accumulation interest): more straight‑forward cases 54 Gross value—accumulation interest (other than a partially vested accumulation interest): other cases 55 Gross value—partially vested accumulation interest 56 Gross value—superannuation interest consists of several components 57 Gross value—the benefit in respect of the superannuation interest is the greater of a defined benefit interest and an accumulation interest (other than a partially vested accumulation interest) 58 Gross value—the benefit in respect of the superannuation interest is the lesser of a defined benefit interest and an accumulation interest (other than a partially vested accumulation interest) 59 Gross value—the superannuation interest is a defined benefit interest, the benefit in respect of which is a defined benefit amount less another amount 60 Gross value—innovative superannuation interest 61 Gross value—percentage‑only superannuation interest 62 Approval of methods and factors for determining gross value of particular superannuation interests Division 2—Determining the value of superannuation interests in the payment phase at the relevant date 63 Simplified outline of this Division 64 Determining the value of superannuation interests in the payment phase at the relevant date 65 Gross value—benefits payable only as one or more lump sums 66 Gross value—benefits paid as pension 67 Gross value—benefits paid as pension and lump sum also payable 68 Gross value—innovative superannuation interests in the payment phase 69 Gross value—percentage‑only superannuation interests in the payment phase 70 Approval of methods and factors for determining gross value of certain superannuation interests in the payment phase Part 7—Entitlement of non‑member spouse in respect of certain superannuation interests Division 1—Preliminary Subdivision A—Simplified outline of this Part 71 Simplified outline of this Part Subdivision B—Definitions 72 Definitions Subdivision C—Adjustments to the base amount for superannuation interests in the growth phase 73 Meaning of adjusted base amount applicable to the non‑member spouse 74 Applicable adjustment periods—whole of superannuation interest is an accumulation interest 75 Applicable adjustment periods—other superannuation interests 76 Interest rates for adjustment of base amount Division 2—Superannuation interest in growth phase at date of service of agreement or date of order Subdivision A—Preliminary 77 Simplified outline of this Division 78 Application of this Division 79 Approval of the transition factor, or a method for determining the transition factor, to be used for determining the amount the non‑member spouse is entitled to be paid Subdivision B—First splittable payment that the member spouse or other person is entitled to receive is a lump sum 80 Amount to be paid to non‑member spouse—first splittable payment payable only as lump sum that is greater than or equal to the adjusted base amount 81 Amount to be paid to non‑member spouse—first splittable payment payable only as lump sum that is less than adjusted base amount 82 Amount to be paid to non‑member spouse—optional lump sum from remaining benefits Subdivision C—Optional lump sum relating to the whole or part of the adjusted base amount 83 Amount to be paid to non‑member spouse—optional lump sum relating to the whole of the adjusted base amount 84 Amount to be paid to non‑member spouse—optional lump sum relating to part of the adjusted base amount Subdivision D—No benefit payable only as a lump sum, or first splittable payment is not a lump sum 85 Amount to be paid to non‑member spouse—no benefit payable only as a lump sum, or first splittable payment is not a lump sum 86 Amount to be paid to non‑member spouse—benefits payable as allocated pension or market linked pension Division 3—Superannuation interest in payment phase at date of service of agreement or date of order Subdivision A—Preliminary 87 Simplified outline of this Division 88 Application of this Division Subdivision B—First or only payment split 89 Application of this Subdivision 90 Amount to be paid to non‑member spouse—first splittable payment after operative time greater than or equal to the base amount 91 Amount to be paid to non‑member spouse—first splittable payment after operative time is less than the base amount 92 Amount to be paid to non‑member spouse—optional lump sum from remaining benefits 93 Amount to be paid to non‑member spouse—benefits payable as allocated pension or market linked pension Subdivision C—Second or later payment split 94 Application of this Subdivision 95 Amount to be paid to non‑member spouse—first splittable payment after operative time greater than or equal to the amount of earlier payments plus base amount 96 Amount to be paid to non‑member spouse—first splittable payment after operative time less than amount of earlier payments plus base amount 97 Amount to be paid to non‑member spouse—benefits payable as allocated pension or market linked pension Part 8—Fees payable to trustee and waiver of rights 98 Reasonable fees payable to trustee 99 Waiver of rights under payment split Part 9—Provision of information to and by trustee Division 1—Preliminary 100 Simplified outline of this Part 101 Definitions Division 2—Declaration accompanying application for information about a superannuation interest 102 Application to trustee for information about a superannuation interest—accompanying declaration Division 3—Information provided by trustee about superannuation interests Subdivision A—Information about certain accumulation interests 103 Accumulation interests to which this Subdivision applies 104 Information the trustee must provide—overview 105 Specific information—the interest is in the payment phase 106 Specific information—the interest is in the growth phase, and is an accumulation interest other than a partially vested accumulation interest 107 Specific information—the interest is in the growth phase, and is a partially vested accumulation interest 108 Specific information—the interest is subject to a payment split or flag 109 Exceptions and other kinds of required information Subdivision B—Information about certain defined benefit interests 110 Defined benefit interests to which this Subdivision applies 111 Information the trustee must provide—overview 112 Specific information—the interest is in the payment phase 113 Specific information—the interest is in the growth phase and held as a result of employment in which the member is still engaged 114 Specific information—the interest is in the growth phase and held as a result of employment in which the member is no longer engaged 115 Specific information—the interest is subject to a payment split or flag 116 Exceptions and other kinds of required information 117 Interest is in the growth phase and held as a result of employment in which the member is still engaged—meaning of accrued benefit multiple Subdivision C—Information about certain percentage‑only interests 118 Percentage‑only interests to which this Subdivision applies 119 Information the trustee must provide—overview 120 Specific information—the interest is in the payment phase and the member is receiving ongoing pension payments 121 Specific information—the interest is a superannuation annuity in the payment phase and the member is receiving ongoing benefits 122 Specific information—the interest is in the growth phase and is not an interest in a deferred annuity 123 Specific information—the interest is in a deferred annuity and is in the growth phase 124 Specific information—the interest is subject to a payment split or flag 125 Exceptions Subdivision D—Information about certain innovative superannuation interests 126 Innovative superannuation interests to which this Subdivision applies 127 Information the trustee must provide—overview 128 Specific information—the interest is in the payment phase 129 Specific information—the interest is in the growth phase 130 Specific information—the interest is subject to a payment split or flag 131 Exceptions and other kinds of required information Subdivision E—Information about interests in self managed superannuation funds 132 Interests in self managed superannuation funds to which this Subdivision applies 133 Information the trustee must provide—overview 134 Specific information—the interest is in the payment phase and the member is receiving ongoing pension payments 135 Specific information—the interest is subject to a payment split or flag 136 Exceptions Subdivision F—Information about small superannuation accounts interests 137 Interests in small superannuation accounts to which this Subdivision applies Subdivision G—Information about certain interests for which an agreement or splitting order applies 138 Interests to which this Subdivision applies 139 Information the trustee must provide Subdivision H—How and when trustee must provide information 140 How and when trustee must provide information Subdivision I—Certain secondary government trustees not required to provide information 141 Certain secondary government trustees not required to provide information Subdivision J—Information provided by trustee to non‑member spouse 142 Information to be provided to the non‑member spouse by the trustee after service of agreement or order 143 Information to be provided to non‑member spouse by the trustee at end of each financial year Subdivision K—Information provided by non‑member spouse to trustee 144 Notice to trustee by or for non‑member spouse Part 10—Transitional arrangements Division 1—Transitional arrangements for the commencement of this instrument 145 Things done under the Family Law (Superannuation) Regulations 2001 146 Only certain superannuation interests in the scheme constituted by the Parliamentary Contributory Superannuation Act 1948 are covered by subparagraph 14(1)(b)(ii) of this instrument Schedule 1—Forms Form 1—Notice to trustee that non‑member spouse's entitlement under agreement or order satisfied Form 2—Request to trustee by non‑member spouse for payment, as lump sum, of all or part of remaining adjusted base amount Form 3—Request to trustee by non‑member spouse for payment, as lump sum, of all or part of adjusted base amount Form 4—Request to trustee by non‑member spouse for payment, as lump sum, of all or part of remaining base amount Form 5—Waiver notice in respect of payment split Form 6—Declaration to accompany application to trustee for information about a superannuation interest Schedule 2—Value of non‑member spouse's entitlement for percentage‑only interest in superannuation fund or approved deposit fund in payment phase Part 1—Preliminary 1 Application of this Schedule 2 Definitions Part 2—Method for subparagraphs 90XJ(1)(b)(i) and 90YN(1)(b)(i), and paragraphs 90XT(1)(c) and 90YY(1)(c), of the Act 3 Method for subparagraphs 90XJ(1)(b)(i) and 90YN(1)(b)(i), and paragraphs 90XT(1)(c) and 90YY(1)(c), of the Act Part 3—Method for subparagraphs 90XJ(1)(b)(ii) and 90YN(1)(b)(ii), and paragraphs 90XT(1)(b) and 90YY(1)(b), of the Act 4 Method for subparagraphs 90XJ(1)(b)(ii) and 90YN(1)(b)(ii), and paragraphs 90XT(1)(b) and 90YY(1)(b), of the Act Part 4—Reversion valuation factors 5 Reversion valuation factors Schedule 3—Method for determining gross value of defined benefit interest Part 1—Preliminary 1 Application of this Schedule 2 Method Part 2—Interest relating to current employment—benefit payable only as lump sum 3 Method 4 Lump sum valuation factors Part 3—Interest relating to current employment—benefit payable only as pension, and member spouse's age is 65 years or less 5 Method 6 Valuation factors—no guarantee period—pension not indexed 7 Valuation factors—no guarantee period—CPI indexed pension 8 Valuation factors—no guarantee period—CPI indexed pension with 5% cap 9 Valuation factors—no guarantee period—CPI indexed pension plus 1% 10 Valuation factors—no guarantee period—CPI indexed pension plus 1% with 5% cap 11 Valuation factors—no guarantee period—pension indexed at 3% 12 Valuation factors—no guarantee period—wage indexed pension 13 Valuation factors—no guarantee period—pension indexed at 4% 14 Valuation factors—no guarantee period—pension indexed at 5% 15 Valuation factors—5‑year guarantee period—pension not indexed 16 Valuation factors—5‑year guarantee period—CPI indexed pension 17 Valuation factors—5‑year guarantee period—CPI indexed pension with 5% cap 18 Valuation factors—5‑year guarantee period—CPI indexed pension plus 1% 19 Valuation factors—5‑year guarantee period—CPI indexed pension plus 1% with 5% cap 20 Valuation factors—5‑year guarantee period—pension indexed at 3% 21 Valuation factors—5‑year guarantee period—wage indexed pension 22 Valuation factors—5‑year guarantee period—pension indexed at 4% 23 Valuation factors—5‑year guarantee period—pension indexed at 5% 24 Valuation factors—10‑year guarantee period—pension not indexed 25 Valuation factors—10‑year guarantee period—CPI indexed pension 26 Valuation factors—10‑year guarantee period—CPI indexed pension with 5% cap 27 Valuation factors—10‑year guarantee period—CPI indexed pension plus 1% 28 Valuation factors—10‑year guarantee period—CPI indexed pension plus 1% with 5% cap 29 Valuation factors—10‑year guarantee period—pension indexed at 3% 30 Valuation factors—10‑year guarantee period—wage indexed pension 31 Valuation factors—10‑year guarantee period—pension indexed at 4% 32 Valuation factors—10‑year guarantee period—pension indexed at 5% Part 4—Interest relating to current employment—benefit payable only as pension, and member spouse's age is more than 65 years 33 Method—pension has no guarantee period 34 Method—pension has a guarantee period Part 5—Interest relating to current employment—benefit payable as combination of lump sum and pension 35 Method—no restriction on combination of lump sum and pension that may be taken 36 Method—restriction on proportion of pension that may be commuted to lump sum 37 Method—restriction on lump sum amount that may be converted to pension 38 Conversion of accrued benefit multiple Part 6—Interest relating to former employment—benefit payable only as lump sum 39 Method—lump sum comprising different components 40 Discount valuation factors 41 Method—lump sum (other than lump sum comprising different components) Part 7—Interest relating to former employment—benefit payable only as pension 42 Method—pension payable periodically 43 Discount valuation factors 44 Method—conversion of lump sum to pension Part 8—Interest relating to former employment—benefit payable as combination of lump sum and pension 45 Method—no restriction on combination of lump sum and pension that may be taken 46 Method—restriction on proportion of pension that may be commuted to lump sum 47 Method—restriction on lump sum amount that may be taken as pension Schedule 4—Method for determining gross value of partially vested accumulation interest 1 Application of this Schedule 2 Method 3 Actual vested benefit 4 Total amount standing to credit of member spouse if benefit were fully vested at relevant date 5 Vesting factors Schedule 5—Method for determining gross value of superannuation interest payable as life pension (otherwise than due to invalidity) Part 1—Preliminary 1 Application of this Schedule Part 2—Interest has no guarantee period, or guarantee period has already ended 2 Application of this Part 3 Method 4 Valuation factors—pension not indexed 5 Valuation factors—CPI indexed pension 6 Valuation factors—CPI indexed pension with 5% cap 7 Valuation factors—CPI indexed pension plus 1% 8 Valuation factors—CPI indexed pension plus 1% with 5% cap 9 Valuation factors—pension indexed at 3% 10 Valuation factors—wage indexed pension 11 Valuation factors—pension indexed at 4% 12 Valuation factors—pension indexed at 5% Part 3—Interest has a guarantee period that is yet to end Division 1—Application and method 13 Application of this Part 14 Method Division 2—Present value of the pension payable for the remaining part of the guarantee period 15 Present value of the pension payable for the remaining part of the guarantee period Division 3—Present value of the pension payable after the end of the guarantee period 16 Present value of the pension payable after the end of the guarantee period 17 Meaning of discount valuation factor 18 Meaning of survival valuation factor 19 Meaning of pension valuation factor 20 Meaning of reversion valuation factor Schedule 6—Method for determining value of superannuation interest in lifetime annuity 1 Application of this Schedule 2 Method Schedule 7—Method for determining gross value of superannuation interest payable as life pension due to invalidity 1 Application of this Schedule 2 Method 3 Valuation factors—pension not indexed 4 Valuation factors—CPI indexed pension 5 Valuation factors—CPI indexed pension with 5% cap 6 Valuation factors—CPI indexed pension plus 1% 7 Valuation factors—CPI indexed pension plus 1% with 5% cap 8 Valuation factors—pension indexed at 3% 9 Valuation factors—wage indexed pension 10 Valuation factors—pension indexed at 4% 11 Valuation factors—pension indexed at 5% Schedule 8—Method for determining gross value of superannuation interest payable as fixed‑term pension 1 Application of this Schedule 2 Method 3 Pension valuation factors Schedule 9—Method for determining value of superannuation interest in fixed term annuity 1 Application of this Schedule 2 Method Schedule 10—Method for determining gross value of superannuation interest payable as pension and future lump sum 1 Application of this Schedule 2 Definitions 3 Method 4 Discount valuation factors Schedule 11—Method for determining transition factor for calculating the amount to be paid to the non‑member spouse 1 Application of this Schedule 2 Transition factor 3 Relative value factors—benefits in respect of the superannuation interest are payable as a pension that has no guarantee period 4 Relative value factors—benefits in respect of the superannuation interest are payable as a pension having a 5‑year guarantee period 5 Relative value factors—benefits in respect of the superannuation interest are payable as a pension having a 10‑year guarantee period Schedule 12—Modifications of Division 2 of Part 7