Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part, unless the contrary intention appears:
"additional service factor at the operative time" has the meaning given by section 22CC.
"additional service factor at the payment time" has the meaning given by section 22CC.
"affected benefit" means the affected benefit referred to in section 22CH.
"applicable additional percentage" means the percentage that is applied to the rate of salary, or allowance by way of salary, payable in respect of an office in order to calculate:
(a) the annual rate of an additional retiring allowance; or
(b) the annual rate of an annuity.
"applicable basic percentage" means the percentage that is applied to the rate of parliamentary allowance in order to calculate:
(a) the annual rate of a retiring allowance (other than additional retiring allowance); or
(b) the annual rate of an annuity.
"associate annuity" means an annuity under section 22CD or 22CE.
"associate deferred annuity" means an associate deferred annuity under section 22CE.
"associate immediate annuity" means an associate immediate annuity under section 22CD.
"base amount" means:
(a) for a splitting agreement--the base amount specified in, or calculated under, the agreement; or
(b) for a splitting order--the amount allocated under subsection 90XT(4) or 90YY(5) (as the case may be) of the Family Law Act 1975 .
"basic service factor at the operative time" has the meaning given by section 22CB.
"basic service factor at the payment time" has the meaning given by section 22CB.
"family law value" means:
(a) in relation to a superannuation interest within the meaning of Part VIIIB of the Family Law Act 1975 --the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; or
(b) in relation to a superannuation interest within the meaning of Part VIIIC of the Family Law Act 1975 --the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.
In applying regulations referred to in paragraph (a) or (b), the relevant date is taken to be the date on which the operative time occurs.
Note: This amount is determined by applying those regulations, whether or not an order has been made under subsection 90XT(1) or 90YY(1) (as the case may be) of the Family Law Act 1975 .
"member spouse" means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"non-member spouse" means a non - member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"non-standard annuity" means an annuity other than a standard allowance or annuity.
"operative time" means:
(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIB of the Family Law Act 1975 or for a splitting order within the meaning of that Part--the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; or
(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIC of the Family Law Act 1975 or for a splitting order within the meaning of that Part--the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.
"Orders" means Orders under section 22CK.
"original interest" means a superannuation interest to which section 22CD applies.
"payment split" means a payment split within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"payment time" , in relation to the affected benefit, means the time when the benefit becomes payable.
"scheme value" means the amount determined under the Orders.
"Secretary" means the Secretary of the Department.
" section 16A amount" means the total referred to in paragraph 16A(1)(c).
" section 22Q amount" means the employer component, or the sum of the employer components, referred to in paragraph 22Q(5)(c).
"splitting agreement" means:
(a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 ); or
(b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 ) that provides for a payment split.
"splitting order" means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"splitting percentage" means:
(a) for a splitting agreement--the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975 ; or
(b) for a splitting order--the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975 .
"standard allowance or annuity" means:
(a) a retiring allowance; or
(b) an annuity, other than an annuity under section 19AA.
"superannuation interest" means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"transfer amount" means:
(a) if a splitting percentage applies--the amount calculated by multiplying the splitting percentage by the greater of:
(i) the family law value; and
(ii) the scheme value; or
(b) if a base amount applies and the scheme value is not more than the family law value--the base amount; or
(c) if a base amount applies and the scheme value is more than the family law value--the amount calculated using the formula:
"transfer factor" means the number calculated by dividing the number of whole dollars in the transfer amount by the number of whole dollars in the scheme value.