INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 291 - Excess concessional contributions  

Subdivision 291-C - Modifications for defined benefit interests  

Operative provisions

SECTION 291-175   Defined benefit interest  

291-175(1)  
An individual ' s * superannuation interest is a defined benefit interest to the extent that it defines the individual ' s entitlement to * superannuation benefits payable from the interest by reference to one or more of the following matters:


(a) the individual ' s salary, or allowance in the nature of salary, at a particular date or averaged over a period;


(b) another individual ' s salary, or allowance in the nature of salary, at a particular date or averaged over a period;


(c) a specified amount;


(d) specified conversion factors.

291-175(2)  
However, an individual ' s * superannuation interest is not a defined benefit interest if it defines that entitlement solely by reference to one or more of the following:


(a) * disability superannuation benefits;


(b) * superannuation death benefits;


(c) payments of amounts mentioned in paragraph 307-10(a) (temporary disability payments).


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