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Monday, 13 February 2017
Page: 638

Family Court

To the Honourable the Speaker and Members of the House of Representatives

Up until this point, an ex member of the Defence force who is in receipt of an Invalidity Benefit paid through MSBS or DFRDB, had had their Benefit split in the family court. This payment is as a consequence of injury and is that members Income. It should not be split in the family courts. Members of the PSS and CSS are excluded. Why hasn't the Defence force? Currently Invalidity Benefits paid through the MSBS and DFRDB are taxed at marginal rates. There is no recognition of the compensatory nature of these payments. There is legislation in place but it is prohibitive. Recognition should be given to those that gave so much.

We therefore ask the House to add Military Superannuation Benefits Scheme and Defence Force Retirement and Death Benefit, Invalidity benefit recipients, to the exclusions created under Regulation 12 of the Family Law Superannuation Regulations. The PSS and CSS are currently excluded, why not Defence, and; Amend the formula under Sect 307.145 of the ITAA 1997, so a medically retired member of the Defence force has automatic entitlement to the formula whilst in receipt of any Invalidity Benefit.

from 536 citizens