Superannuation Guarantee (Administration) Regulations 2018

PART 2 - DEFINED BENEFIT MEMBERS  

SECTION 6   CIRCUMSTANCES IN WHICH MEMBER TAKEN TO BE DEFINED BENEFIT MEMBER  

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 19(2CA) 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 .