Legislation

For information on tax changes affecting superannuation please see 2007 Tax Changes.

MilitarySuper, also known as MSBS, is governed by the Military Superannuation and Benefits Act 1991 (the Act), a Trust Deed and Rules. It complies with the standards set down in the Superannuation Industry (Supervision) Act 1993 (SIS) and those applicable to a holder of an Australian Financial Services licence under the Corporations Act 2001.

Military Superannuation and Benefits Act (MSB Act)
Military Superannuation and Benefits Trust Deed and Rules (MSB Trust Deed and Rules)
Note: The Rules are a Schedule to the Trust Deed
Military Superannuation and Benefits Regulations

Regulatory Legislation Links

Superannuation Industry (Supervision) Act 1993 (SIS Act)
Superannuation Industry (Supervision) Regulations 1994 (SIS Regulations)

Family Law links

Family Law Generally

Family Law Act 1975 current consolidation
Family Law (Superannuation) Regulations 2001 The Regulations deal with the splitting of superannuation benefits
Family Law Legislation Amendment (Superannuation) Act 2001 This Act amended the Family Law Act to allow superannuation benefits to be split
Family Law Legislation Amendment (Superannuation) (Consequential Provisions) Act 2001 This Act made consequential amendments to Commonwealth legislation
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 This Act amended the Family Law Act so it applies to de facto and same-sex couples

MilitarySuper Family Law

Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 This Act amended Commonwealth legislation including the MSB Act to allow a separate interest to be created for the non-member spouse following a family law split.
Note: The changes to the MSB Act are now part of the consolidated MSB Act set out above. Other family law changes are in Part 13 (rules 89-100) of the consolidated MSB Rules also set out above.
Family Law (Superannuation) (Provision of Information - Military Superannuation and Benefits Scheme) Determination 2004 The Determination sets out the family law information ComSuper must provide on behalf of the MilitarySuper Board
Actuary's Methodology for Adjustment of Military Superannuation Benefits Following Family Law Splits (see Rule 90) The Actuary’s Methodology explains how MilitarySuper benefits are adjusted following a family law split
Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 (Volume 2) MSBS (pages 84 - 124) This Approval sets out how to value a superannuation interest
MSBS Contributor Scheme Factors (Excel spreadsheet 363K) (see Rule 98)
MSBS Preserved Scheme Factors (Excel spreadsheet 24K) (see Rule 98)
MSBS Pension Scheme Factors (Excel spreadsheet 363K) (see Rule 98)
Family Law Booklet (PDF 960K)

Links

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