21Definitions

21 Definitions S. 21 def. of *beneficiary* amended by No. 43/2008 s. 9(a). ***beneficiary*** means a contributor, former contributor or eligible beneficiary in respect of whom a beneficiary account is established; ***beneficiary account*** means a beneficiary's account established and maintained by the Board for each beneficiary under section 21J; ***casual employee*** means a casual employee as defined by the relevant award determinations or an employee deemed by the Board to be a casual employee; S. 21 def. of *child* amended by No. 27/2001 s. 5(Sch. 3 item 2.4). ***child***, in relation to a member, means a child of the member or of his or her partner, other than any child born more than 10 months after his or her death; S. 21 def. of *eligible spouse* inserted by No. 95/2000 s. 9(1)(a), substituted by No. 43/2008 s. 9(b). ***eligible spouse***, in relation to a member, contributor or former contributor, has the same meaning as spouse has in section 10 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; S. 21 def. of *maximum splittable amount* inserted by No. 37/2007 s. 8. ***maximum splittable amount*** has the meaning given by regulation 6.40 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth; S. 21 def. of *member* substituted by No. 43/2008 s. 9(c), amended by No. 38/2009 s. 11. ***member*** means a person who is— (a) a member of the ESSPLAN Scheme under section 4(7) or 4(8); or (b) a contributor who becomes a member of the ESSPLAN Scheme in accordance with section 21B(1)(b); or (c) an eligible beneficiary who becomes a member of the ESSPLAN Scheme in accordance with section 21B(1)(c); or (d) a beneficiary who has a beneficiary account and applies to become a member of the ESSPLAN Scheme in accordance with section 21B(1)(ca); ***member's account balance*** means the credit balance in the member's account as at a particular date after all relevant credits and debits up to that date have been made; ***net earning rate*** means in respect of any particular period, and for any particular purpose, the rate of earnings (which may be positive or negative) as determined by the Board in respect of an investment fund or in respect of the Scheme (excluding investment funds), as the case may be, for that period and that purpose and having regard to— (a) the income derived from the investment of the Scheme or investment funds; and (b) any realised or unrealised gains or losses in respect of any investments of the Scheme or investment funds; and (c) any tax; and (d) expenses of the Scheme or an investment fund not otherwise debited to member's accounts; and (e) any specified standards; and (f) any other matters the Board considers relevant; S. 21 def. of *participating employer* substituted by No. 84/1998 s. 9, amended by No. 32/2025 s. 11. ***participating employer*** means an employer that— (a) employs any person defined as an ***employee*** within the meaning of section 3; or (b) the Secretary by instrument in writing declares to be a participating employer in the ESSPLAN Scheme; S. 21 def. of *payment flag* inserted by No. 37/2007 s. 8. ***payment flag*** has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; S. 21 def. of *payment split* inserted by No. 37/2007 s. 8. ***payment split*** has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; S. 21 def. of *splittable contribution* inserted by No. 37/2007 s. 8. ***splittable contribution*** has the meaning given by regulation 6.42 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth; S. 21 def. of *spouse account* inserted by No. 95/2000 s. 9(1)(b). ***spouse account*** means a spouse's account established and maintained by the Board for an eligible spouse under section 21JA. S. 21A inserted by No. 82/1996 s. 11.