SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992

PART 2 - EXPLANATION OF TERMS USED IN THE ACT  

SECTION 6A   INTERPRETATION: DEFINED BENEFIT SUPERANNUATION SCHEME  

6A(1)   [Definition]  

Subject to subsection (2), a defined benefit superannuation scheme is a scheme under which:


(a) one or more members of the scheme are entitled, on retirement, to be paid a benefit defined, wholly or in part, by reference to either or both of the following:


(i) the amount of the member's annual salary:

(A) at the date of the member's retirement; or

(B) at a date before retirement; or

(C) averaged over a period of employment before retirement;

(ii) a specified amount; and


(b) if the scheme is not a public sector scheme - some or all of the contributions under the scheme (out of which, together with earnings on those contributions, the benefits are to be paid) are not paid into a fund, or accumulated in a fund, in respect of any individual member but are paid into and accumulated in a fund in the form of an aggregate amount.

6A(2)   [Other schemes and conversion notice]  

A scheme embodied in the governing rules of a superannuation fund (other than a scheme of the kind referred to in subsection (1)) is a defined benefit superannuation scheme if a conversion notice has effect in relation to the fund or scheme.

6A(3)   [When scheme deemed defined]  

If the conversion notice is expressed to take effect on a day before the day on which the notice is given, the scheme in question is taken to have been a defined benefit superannuation scheme from the day on which the notice is expressed to take effect.

6A(4)   [Assessment or payment disregarded]  

Subsection (3) has effect regardless of the making of any assessment, or the payment of any superannuation guarantee charge, in respect of a quarter that ended after the conversion notice took effect.




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