Brochure re super-splitting, wording of orders etc.
Standard wording of Court Orders
The general wording of Orders that State Super receive and consider appropriate for splitting benefits is as follows:
1) That a base amount of $XX is allocated, as required by s.90MT (4) of the Family Law Act 1975, to <<non-member spouse name>> out of <<member name>>’s interest in the State Authorities Superannuation Scheme.
2) That a base amount of $XX is allocated, as required by s.90MT (4) of the Family Law Act 1975, to <<non-member spouse name>> out of <<member name>>’s interest in the State Authorities Non-contributory Superannuation Scheme.
3) That in accordance with paragraph 90MT (1) (a) of the Family Law Act 1975:
a. <<non-member spouse name>> is entitled to be paid the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, and
b. <<member name>>’s entitlement to payments out of their interest in the State Authorities Superannuation Scheme and State Authorities Non-contributory Superannuation Scheme, and the entitlement of such other person to whom a splittable payment may be payable, is correspondingly reduced by force of these Orders.
4) That the Trustee of the State Authorities Superannuation Scheme and State Authorities Non-contributory Superannuation Scheme (‘the Trustee’) shall do all such acts and things and sign all such documents as may be necessary to:
a. calculate, in accordance with the requirements of the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001, the entitlement created for <<non-member spouse name>> by clause(s) <<1>> <<or/and>> <<2>> of these Orders, and
b. pay the entitlement whenever the Trustee makes a splittable payment out of <<member name’s>> interest in the State Authorities Superannuation Scheme and
State Authorities Non-contributory Superannuation Scheme.
5) That these Orders have effect from the operative time and the operative time for this Order is <<insert date>>.
6) That these Orders bind the Trustee of the State Authorities Superannuation Scheme and State Authorities Noncontributory Superannuation Scheme.
Note: It is up to the parties and their legal advisors to agree on the exact wording of the Orders.
Kindly let us know if any details are incorrect.