6ACircumstances in which member taken to be defined benefit member

6A Circumstances in which member taken to be defined benefit member

(1) For paragraph 6AA(b) of the Act, subregulations (2) and (3) set out circumstances in which a member of a superannuation fund is to be taken to be a defined benefit member for 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 section 90MD 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. (3) A circumstance is that the member: (a) holds an interest, as a non‑member spouse within the meaning of section 90MD of the Family Law Act 1975, in a superannuation scheme established under the Superannuation Act 1976 or the Superannuation Act 1990; or (b) has made an election under section 137 of the Superannuation Act 1976; or (c) is a preserved benefit member within the meaning of the Public Sector Superannuation Scheme Trust Deed, as in force from time to time.