Commonwealth Consolidated Acts

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Interpretation: defined benefit superannuation scheme

             (1)  Subject to subsection (2), a defined benefit superannuation scheme is a scheme under which:

                     (a)  one or more members of the scheme are entitled, on retirement, to be paid a benefit defined, wholly or in part, by reference to either or both of the following:

                              (i)  the amount of the member's annual salary:

                                        (A)  at the date of the member's retirement; or

                                        (B)  at a date before retirement; or

                                        (C)  averaged over a period of employment before retirement;

                             (ii)  a specified amount; and

                     (b)  if the scheme is not a public sector scheme--some or all of the contributions under the scheme (out of which, together with earnings on those contributions, the benefits are to be paid) are not paid into a fund, or accumulated in a fund, in respect of any individual member but are paid into and accumulated in a fund in the form of an aggregate amount.

             (2)  A scheme embodied in the governing rules of a superannuation fund (other than a scheme of the kind referred to in subsection (1)) is a defined benefit superannuation scheme if a conversion notice has effect in relation to the fund or scheme.

             (3)  If the conversion notice is expressed to take effect on a day before the day on which the notice is given, the scheme in question is taken to have been a defined benefit superannuation scheme from the day on which the notice is expressed to take effect.

             (4)  Subsection (3) has effect regardless of the making of any assessment, or the payment of any superannuation guarantee charge, in respect of a quarter that ended after the conversion notice took effect.

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