(1)

Subject to subregulation (2), for these Regulations, a defined benefit interest is a superannuation interest, or a component of a superannuation interest, that a member spouse has in an eligible superannuation plan, being an interest in respect of which the member spouse is entitled, when benefits in respect of the interest become payable, to be paid a benefit that is, or may be, defined by reference to one or more of the following:

(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)

a specified amount;

(c)

specified conversion factors.

(2)

A superannuation interest, or a component of a superannuation interest, is not a defined benefit interest for these Regulations if the only benefits payable in respect of the interest that are defined by reference to the amounts or factors mentioned in subregulation (1) are benefits payable on death or invalidity.