Coal Industry Superannuation Amendment Regulations 2003 (WA)
23 May 2003 GOVERNMENT GAZETTE, WA 1823 COAL INDUSTRY SUPERANNUATION BOARD
(7301*
Coal Industry Superannuation Act 1989
Coal Industry Superannuation Amendment
Regulations 2003
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Coal Industry
Superannuation Amendment Regulations 2003.2. The regulations amended
The amendments in these regulations are to the Coal Industry
Superannuation Regulations 1990*.[* Reprinted as at 5 July 2002.]
3. Regulation 3 amended
" mine worker ". Regulation 3(1) is amended by inserting the following definition in its appropriate alphabetical position
44
"category C member" means a person who is a
member of category C under regulation 9A;
4. Regulation 4A amended
Regulation 4A(b)(ii) is amended by deleting "mineworker" and inserting instead —
| 1824 | GOVERNMENT GAZETTE, WA | 23 May 2003 |
5. Regulation 9A replaced
Regulation 9A is repealed and the following regulation is inserted instead -
9A. Categories of membership The members of the Fund are divided into 3 categories as follows -
(a) category A - people who became members regulation 1 1(1)(a);
(b) category B - people who became members under regulation I 1A; and (c) category C - people who became members under regulation 1 1(1)(a).
6. Regulation 11 replaced
Regulation 11 is repealed and the following regulation is inserted instead -
33
11. Mine workers
(1) Where a person who is not already a member of the
Fund becomes a mine worker that person shall, by virtue of this regulation, become -
(a)
if the Board is of the opinion that the person is unlikely to remain in service as a mine worker for more than 6 months, a category C member; or
(b) otherwise, a category A member, when he or she becomes a mine worker.
(2) If a category C member is still in service as a mine worker 6 months after becoming a category C member,
he or she becomes a category A member from the day
after the expiry of those 6 months.
(3) However if, on the expiry of those 6 months, the Board is of the opinion that the member is unlikely to remain in service as a mine worker for more than a further
3 months, the Board may allow the person to remain a
category C member for a further period of up to3 months.
(4) If, on the expiry of any such further period, the person
is still in service as a mine worker, he or she becomes a
category A member from the day after the expiry of
that further period.
23 May 2003 GOVERNMENT GAZETTE, WA 1825
(5) If the Board is of the opinion that the terms of a
category C member's employment, appointment,
election or contract have changed so that he or she is
likely to remain in service as a mine worker for more
than 6 months (or any longer period allowed under
subregulation (3)), the person becomes a category A
member from the day on which that change occurred.(6) A mine worker who is on active service as a member of
the Defence Forces of the Commonwealth is deemed to
continue to be in service as a mine worker during that
period.7. Regulation 14 amended
(1) Regulation 14(lc) is amended by deleting "Each category B
member" and inserting instead -44 A category B member or category C member ".
(2) Regulation 14(4) is amended by deleting "mineworker under
regulation 11(2)" and inserting instead -44
mine worker under regulation 11(6) ".
8. Regulation 15 amended
Regulation 15(3)is amended by inserting after "category B member" -
and each category C member
9. Regulation 21 amended
Regulation 21(2) and (2)(b)(i) are amended by deleting
"mineworker" and inserting instead -" mine worker ". 10. Regulation 21B amended
Regulation 21 B( 1) and (2) are amended by inserting after
"category B member" -44 or category C member ".
11. Regulation 22 amended
Regulation 22(1) is amended by deleting "a benefit under regulation 17, 20, 21 or 21 B" and inserting instead -
" payment of a benefit ".
12. Regulation 22AB amended
(1) Regulation 22AB(1) is amended by deleting "pay a' and
inserting instead -44 pay all or part of a ".
| 1826 | GOVERNMENT GAZETTE, WA | 23 May 2003 |
(2) After regulation 22AB(1) the following subregulation is
inserted -(la) However a member who has retained a defined benefit
component of a benefit under regulation 22(3) cannot
request the payment or transfer of part only of that
component unless the member first converts it to an
accumulation benefit under regulation 22AA.(3) Regulation 22AB(2) is amended by deleting "The amount of a
retained benefit to be paid or transferred under subregulation (1)
is -" and inserting instead -44 When the whole of a retained benefit is to be paid or transferred under subregulation (1) the amount to be so paid or transferred is -
(4) After regulation 22AB(2) the following subregulation is
inserted -(2a) When part only of a retained benefit is to be paid or transferred under subregulation (1) the amount to be so
paid or transferred is the amount requested by the
member.
13. Regulation 22AC inserted
After regulation 22AB the following regulation is inserted
22AC. Allocated pension (1) The Board may agree with a member who -
(a) has retained a benefit under regulation 22(2) or (4); or (b) having retained a benefit under accumulation benefit under regulation 22AA,
to pay all or part of that benefit to the member as an
allocated pension on such terms and conditions as are
agreed between the member and the Board.
(2) The terms and conditions on which it is agreed that an allocated pension is to be paid must be consistent with the SIS Act.
(3) If the Board agrees to pay all or part of a member's
retained benefit as an allocated pension, the Board is to
transfer the amount agreed to be paid as an allocated
pension from the member's accumulation account to an
23 May 2003 GOVERNMENT GAZETTE, WA 1827 account kept by the Board for the member from which
the pension will be paid.
(4) If a member to whom an allocated pension is being
paid dies before all of the pension has been paid, the regulation 24.
14. Regulation 27A amended
(1) Regulation 27A(2)(a) is amended by deleting "by". (2) After regulation 27A(3)(ba) the following paragraph is
inserted —44
(bb) administrative costs attributable to the member;
15. Regulation 46 amended
Regulation 46(8) is amended by deleting "of prescribed" and inserting instead —
" of a prescribed ".
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
0
0
0