Commonwealth Consolidated Acts

MILITARY SUPERANNUATION AND BENEFITS ACT 1991 - SECT 5A

             (1)  Without limiting subsection 5(1), amendments under that subsection:

                     (a)  may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:

                              (i)  the non-member spouse is entitled to benefits determined in accordance with the Rules; and

                             (ii)  the benefits of the member spouse are reduced in accordance with the Rules; and

                     (b)  may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under:

                              (i)  section 52 of the Defence Act 190 3; or

                             (ii)  the Defence Force Retirement and Death Benefits Act 1973 ;

                            the non-member spouse is entitled to benefits determined in accordance with the Rules; and

                     (c)  may make any other provision that is related to, or consequential on, provisions referred to in paragraph (a) or (b).

             (2)  Subparagraph (1)(b)(ii) does not apply in a case covered by subsection 49B(2) of the Defence Force Retirement and Death Benefits Act 1973 .

             (3)  Subsection 12(2) of the Legislative Instruments Act 2003 does not apply to amendments referred to in subsection (1) of this section.

             (4)  In this section:

"member spouse" has the same meaning as in Part VIIIB of the Family Law Act 1975 .

"non-member spouse" has the same meaning as in Part VIIIB of the Family Law Act 1975 .

"splitting agreement" means:

                     (a)  a superannuation agreement (within the meaning of Part VIIIB of the Family Law Act 1975 ); or

                     (b)  a flag lifting agreement (within the meaning of Part VIIIB of the Family Law Act 1975 ) that provides for a payment split (within the meaning of Part VIIIB of the Family Law Act 1975 ).

"splitting order" has the same meaning as in Part VIIIB of the Family Law Act 1975.

"superannuation interest" has the same meaning as in Part VIIIB of the Family Law Act 1975 .