Document ID: chunk:federal_register_of_legislation:F2025C00069:front:0:p22
Version: federal_register_of_legislation:F2025C00069
Segment Type: other
Provision Reference: 
Character Range: 59137–61787

of the Corporations Regulations 2001).
 Becoming a lost member may also have consequences regarding the information to be supplied to the member (see regulation 7.9.60A of, and Part 14 of Schedule 10A to, the Corporations Regulations 2001).

1.03AA  Defined benefit interest
 (1) A superannuation interest is a defined benefit interest if it is:
 (a) an interest in an unfunded public sector superannuation scheme that has at least 1 defined benefit member; or
 (b) an interest that entitles the member who holds the interest, when benefits in respect of the interest become payable, to be paid a benefit defined, wholly or in part, by reference to one or more of the following:
 (i) the amount of:
 (A) the member's salary at the date of the termination of the member's employment, the date of the member's retirement, or another date; or
 (B) the member's salary averaged over a period; or
 (C) salary, or allowance in the nature of salary, payable to another person (for example, a judicial officer, a member of the Commonwealth or a State Parliament, a member of the Legislative Assembly of a Territory);
 (ii) a specified amount;
 (iii) specified conversion factors.
 (2) However, a superannuation interest is not a defined benefit interest if the only benefits defined by reference to any of the amounts or factors mentioned in subparagraphs (1)(b)(i) to (iii) are benefits payable on death or invalidity.

1.03AAA  Defined benefit fund
  For the following provisions, a fund is taken to be a defined benefit fund if at least one member of the fund receives a defined benefit pension:
 (a) paragraph (c) of the definition of investment return in subregulation 5.01(1);
 (b) subregulation 5.04(3);
 (c) regulation 7.05;
 (d) Divisions 9.3 to 9.5.

1.03AB  Meaning of growth phase
 (1) A superannuation interest is taken to be in the growth phase at a particular date if the member satisfies 1 of the following requirements at that date:
 (a) the member has not satisfied a relevant condition of release;
 (b) the member has satisfied a relevant condition of release but no benefit has been paid in respect of the superannuation interest, and no action has been taken by or for the member under the governing rules of the fund to cash any benefit that the member is entitled to be paid as a result of satisfying the condition of release;
 (c) the member has satisfied a relevant condition of release and a benefit (other than a benefit that is paid as a pension) has been paid to or for the benefit of the member or, if the member has died, to his or her legal personal representative, but no action has been taken by or for the member, or his or