Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:6:p2
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 6 (pt 2/2)
Character Range: 40696–42595

or (d) being a defined benefit interest for the purposes of this instrument (even if paragraph (1)(a) or (b) could also apply to the superannuation interest or component).
Example 1: Benefits in respect of a superannuation interest of a member spouse are payable on retirement based on the balance of the member's account. However, on death or invalidity the benefit is to be defined by reference to amounts or factors mentioned in subsection (3). The member retires on invalidity and the benefits that become payable to the member are then defined by reference to those amounts or factors. The superannuation interest is not a defined benefit interest because defined benefit factors only applied, and could only have applied, in the circumstance of the death or invalidity of the member spouse.
Example 2: Benefits in respect of a component of a superannuation interest of a member spouse are payable in a range of circumstances, including death, invalidity or retirement, and are to be defined by reference to amounts or factors mentioned in subsection (3). The component is a defined benefit interest because death or invalidity are not the only circumstances in which defined benefit factors are, or could be, applied to calculate the benefits in respect of the interest.
 (3) For the purposes of subsections (1) and (2), the amounts and factors are as follows:
 (a) the amount of:
 (i) the member spouse's salary at the date of the termination of the member spouse's employment, the date of the member spouse's retirement, or another date; or
 (ii) the member spouse's salary averaged over a period;
 (b) the amount of 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, or a member of the Legislative Assembly of a Territory);
 (c) a specified amount;
 (d) specified conversion factors.