New Superannuation Splitting Arrangements for Federal Judges and Governors-General

The legislation for the Judges’ Pensions Scheme and the Governors-General Pension Scheme has been amended to implement new superannuation splitting arrangements for Federal Judges and Governors-General. These amendments took effect on 15 March 2013.

The new arrangements will allow the superannuation benefits of a judge or a governor-general to be split with a former spouse in the event of a marital or relationship breakdown, at the time a superannuation splitting agreement or order is made. A former spouse will be able to receive his or her share of the benefit at this time, rather than payment of the benefit being linked to the retirement of the judge or governor-general and being ceased upon their death. These arrangements will give certainty to both parties in property settlement negotiations and will provide each party with their own separate benefit at the time of the split.

The legislation which implemented the new arrangements is the Judges and Governors-General Legislation Amendment (Family Law) Act 2012 External Site (Amendment Act) which made changes to the Judges’ Pensions Act 1968 and the Governor-General Act 1974. More information regarding the new arrangements can be found in the Explanatory Memorandum External Site which accompanies the Amending Act.

The Minister for Finance has made the following instruments to support the new arrangements:

  • the Judges’ Pensions Order 2013 External Site which specifies the calculation methods and factors in relation to the new superannuation splitting arrangements for Federal Judges;
  • the Judges’ Pensions (Item 48) Order 2013 External Site which specifies the calculation methods and factors in relation to the new superannuation splitting arrangements for Federal Judges who have existing splitting agreements and orders; and

In light of the new arrangements, the Attorney-General has also made the following instruments:

All enquiries on the superannuation arrangements for the Federal Judiciary and former Governors-General can be directed to telephone (02) 6215 2749 or (02) 6215 3784, fax (02) 6267 3123 or email at JudicialSchemes@finance.gov.au

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Contact for information on this page: JudicialSchemes@finance.gov.au

Last updated: 24 May 2017