6Circumstances in which member taken to be defined benefit member

#### 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.