Superannuation Guarantee (Administration) Regulations 2018

PART 2 - DEFINED BENEFIT MEMBERS  

SECTION 6   CIRCUMSTANCES IN WHICH MEMBER TAKEN TO BE DEFINED BENEFIT MEMBER FOR THE PURPOSES OF SUBSECTION 20A(3) OF THE ACT  

6(1)    

For the purposes of paragraph 6AA(b) of the Act, subsection (2) sets out circumstances in which a member of a superannuation fund is to be taken to be a defined benefit member for the purposes of subsection 20A(3) of the Act.

6(2)    
A circumstance is that the member:

(a)    is a member of the scheme established under the Military Superannuation and Benefits Act 1991 (the military superannuation scheme ); or

(b)    

holds an interest, as a non-member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 , in the military superannuation scheme; or

(c)    has a preserved benefit in the military superannuation scheme; or

(d)    has an ancillary account in the military superannuation scheme; or

(e)    both:

(i) is a member of the scheme established under the Defence Force Retirement and Death Benefits Act 1973 ; and

(ii) has an ancillary account in the military superannuation scheme; or

(f)    

holds an interest, as a non-member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 , in a superannuation scheme established under the Superannuation Act 1976 or the Superannuation Act 1990 ; or

(g)    has made an election under section 137 of the Superannuation Act 1976 ; or

(h)    is a preserved benefit member within the meaning of the Public Sector Superannuation Scheme Trust Deed .