Coal Industry Superannuation Amendment Regulations 1998 (WA)

4908 GOVERNMENT GAZETTE, WA [8 September 1998

COAL SUPERANNUATION BOARD

CE301*

Coal Industry Superannuation Act 1989

Coal Industry Superannuation Amendment

Regulations 1998

Made by the Governor in Executive Council.

1.             Citation

These regulations may be cited as the Coal Industry
Superannuation Amendment Regulations 1998.

2.             The regulations amended

The amendments in these regulations are to the Coal Industry
Superannuation Regulations 1990*.

[* Reprinted as at 30 May 1996.]

3.             Regulation 3 amended

Regulation 3(1) is amended in the definitions of “accrued benefit”, “accrual product” and “accrual rate” by deleting “salary” in each place where it occurs and inserting instead —

“ amount ”.

4.             Regulation 7 amended

(1) Regulation 7(1) is repealed and the following subregulation is
inserted
instead —

“

(1)	Subject to subregulations (2) and (3), in these regulations —
“benchmark amount” means —

(a)	until 1 July 1999, $31 452; and
(b)	on and after that date, the benchmark amount on the

previous 30 June increased by —

(i)      either —

(A) an amount equal to the increase (if any) in the
index of Average Weekly Ordinary Time
Earning for full time adults published by the
Australian Statistician for the year ending on
the previous 31 March; or

8 September 1998] GOVERNMENT GAZETTE, WA 4909

(B) such lesser amount as is determined by the
Board on the recommendation of the actuary;

and

(ii)      any additional amount agreed between the Board and all employers.

”.

(2)	Regulation 7(2) is amended by deleting “salary” and inserting instead —
“ amount ”.

5.             Regulation 14 amended

Regulation 14(1) is amended by deleting “salary.” and inserting instead —

“ amount. ”.

6.             Regulation 15 amended

(1)	Regulation 15(1) is amended by deleting “(4)” and inserting instead —
“ (5) ”.
(2)	Regulation 15(6) is amended by deleting “total benchmark salaries for all” and inserting instead —
“ benchmark amount multiplied by the number of ”.
(3)	Regulation 15(7) is amended as follows:

(a)	by deleting “, the Board”;
(b)	in paragraph (a) by inserting before “shall” — “ the Board ”;
(c)

in paragraph (b) by deleting “may amend these “ these regulations may be amended ”.

7.             Regulation 18 amended

(1)	Regulation 18 is amended after the regulation designation “18.” by inserting the subregulation designation “(1)”.
(2)	Regulation 18(1)(a)(ii) is amended by deleting “salary” and inserting instead —
“ amount ”.
(3)	After regulation 18(1) the following subregulation is inserted —

“

(1a) If a category A member who is between 60 and 65
years of age (inclusive) dies in service, the Board shall
pay a benefit equal to the benefit that would have been
payable to the member if the member had left service
on the date of death and become entitled to a benefit
under regulation 17(1).

”.

4910 GOVERNMENT GAZETTE, WA [8 September 1998

(4)	Regulation 18(2) is amended by deleting “60” in both places where it occurs and inserting instead —
“ 65 ”.

8.             Regulation 19 amended

(1) Regulation 19(1) is amended as follows:

(a)	by inserting after “member who” — “ is under 60 years of age and who ”;
(b)

in paragraph (a)(ii) by deleting “salary” and inserting “ amount ”.

(2) After regulation 19(1) the following subregulation is inserted —

“

(1a) A category A member who is over 60 years of age and
who leaves service with an employer because of total
and permanent disablement is entitled to a benefit equal
to the benefit to which the member would have been
entitled if the member had left service on the date of
disablement and become entitled to a benefit under
regulation 17(1) or (2) (as applicable).

”.

9.             Regulation 22 amended

Regulation 22(3) and (5)(b) are amended by deleting “salary” and inserting instead —

“ amount ”.

10.           Regulation 22B inserted

(1)	After regulation 22A the following regulation is inserted in Part 5 —
“

22B.	Reduction if surcharge paid
If any amount paid by the Board under the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth in relation to a member has not been deducted from the member’s accumulation account, the Board may reduce a benefit payable to or in respect of the member by that amount plus interest at a rate determined by the Board on the advice of the Actuary.

”.

11.           Regulation 26 amended

Regulation 26(4)(a) is amended by deleting “Mental Health Act
1962” and inserting instead —

“ Mental Health Act 1996 ”.

8 September 1998] GOVERNMENT GAZETTE, WA 4911

12.           Regulation 27A amended

(1)	Regulation 27A(2)(a) is amended by deleting “regulations” and inserting instead —
“ regulation ”.
(2)	After regulation 27A(3)(b) the following paragraph is inserted —
“

(ba) any amount payable by the Board under the
Superannuation Contributions Tax Imposition
Act 1997 of the Commonwealth in relation to
the member;

”.

13.           Regulation 36 amended

Regulation 36(2) is amended by deleting “salary” and inserting instead —

“ amount ”.

14.           Regulation 53 amended

Regulation 53(1) is amended by deleting “salary” and inserting instead —

“ amount ”.

15.           Schedule 1 amended

(1)	Parts A to E of Schedule 1 are amended by deleting “BS” in each place where it occurs and inserting instead —
“ BA ”.
(2)	Part F of Schedule 1 is amended by deleting the definition of “BS” and inserting the following definition instead —
“ BA = benchmark amount; ”.

16.           Schedule 3 amended

Clause 7 (1) (b) in Schedule 3 is amended by inserting after
“demanded” —

“ by ”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.