Judges receive super-splitting powers

4 April 2013
| By Staff |
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New legislation will allow Federal Judges and Governors-General to split superannuation benefits with former spouses in the event of a marriage breakdown.

Under the legislation for the Judges' Pensions Scheme and the Governors-General Pension Scheme, a former spouse will be able to receive his or her share of the benefit at the time a superannuation-splitting agreement or order is made, rather than on the member's death or retirement.

"These arrangements will give certainty to both parties in proper settlement negotiations and will provide each party with their own separate benefit at the time of the split," it said.

The legislation which implemented the new arrangements is the Judges and Governors-General Legislation Amendment (Family Law) Act 2012 (amendment Act), which made changes to the Judges' Pension Act 1968 and Governor-General Act 1974.

The Minister for Finance and Deregulation, Penny Wong, made changes to the Judges Pension Order 2013, Judges Pension (Item 48) Order 2013 and the Governor-General Allowance Order 2013 to make way for amendments.

The Attorney-General has also made a number of changes to Family Law in order to implement the new splitting arrangements.

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