Document ID: chunk:federal_register_of_legislation:F2022C01064:reg:6
Version: federal_register_of_legislation:F2022C01064
Segment Type: reg
Provision Reference: reg 6
Character Range: 6245–7667

6  Circumstances in which member taken to be defined benefit member
 (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.
 (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.

Part 3—Benefit certificates