Superannuation Legislation Amendment (Family Law) Act 2003 (NSW)

Superannuation Legislation Amendment (Family Law) Act 2003 No 77

An Act to amend various superannuation Acts to accommodate Commonwealth legislation relating to the division of superannuation entitlements on marriage breakdown, to extend benefits to de facto partners in certain schemes and to update pension adjustment provisions; and for other purposes.

1 Name of Act This Act is the Superannuation Legislation Amendment (Family Law) Act 2003.

2 Commencement (1) This Act commences on the date of assent to this Act, except as provided by subsections (2) and (3). (2) Schedules 1 [2]–[4], 2, 5, 6, 7, 10, 11 and 12 commence on a day or days to be proclaimed. (3) Schedule 13 [2] is taken to have commenced on 29 November 2002.

3 Amendment of Acts and Regulation The Acts and Regulation specified in Schedules 1–13 are amended as set out in those Schedules.

Schedule 1 (Repealed)

Schedule 2 Amendment of Judges' Pensions Act 1953 No 41 (Section 3)

[1] Section 2 Definitions Insert after section 2 (2): (3) Notes included in this Act do not form part of this Act.

[2] Part 3A Insert after Part 3:

Part 3A Provisions relating to family law superannuation legislation

15A Definitions In this Part: complying superannuation fund means: (a) a regulated superannuation fund under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, or (b) the First State Superannuation Fund. family law superannuation entitlement has the same meaning as it has in section 15C (2) (a). family law superannuation legislation means Part VIIIB of the Family Law Act 1975 of the Commonwealth and the Family Law (Superannuation) Regulations 2001 of the Commonwealth. family law superannuation payment means an amount payable under this Part to or in respect of a non-member spouse. First State Superannuation Fund has the same meaning as Fund has in the First State Superannuation Act 1992. flag lifting agreement has the same meaning as it has in Part VIIIB of the Family Law Act 1975 of the Commonwealth. FTC has the same meaning as in the First State Superannuation Act 1992. member spouse, in relation to a superannuation interest under this Act, means the spouse who has the superannuation interest. non-member spouse, in relation to a superannuation interest under this Act, means the spouse who is not the member spouse in relation to that interest. payment split has the same meaning as it has in Part VIIIB of the Family Law Act 1975 of the Commonwealth. RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth. splitting order has the same meaning as it has in Part VIIIB of the Family Law Act 1975 of the Commonwealth. spouse of a person means a person who is or was married to that person. superannuation agreement has the same meaning as it has in Part VIIIB of the Family Law Act 1975 of the Commonwealth. superannuation interest means an interest that a judge, retired judge or any other person has as a member or a beneficiary of the superannuation scheme established under this Act.