Coal Industry Superannuation Amendment Regulations 2006 (WA)

11 July 2006 GOVERNMENT GAZETTE, WA 2535

CZ301*

Coal Industry Superannuation Act 1989

Coal Industry Superannuation Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Coal Industry Superannuation
Amendment Regulations 2006.

2.            The regulations amended

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

r Reprinted as at 5 July 2002.

For amendments to 21 June 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 531

3.            Regulation 3 amended

has in Division 6.7 of the SIS Regulations.

Regulation 3(1) is amended as follows:

(a) by inserting in the appropriate alphabetical positions —

44

"category D member" means a person who is a

member of category D under regulation 9A;

"partner" means —

(a)	a spouse; or
(b)	a de facto partner who is a spouse as defined in section 10 of the SIS Act;

"SIS Regulations" means the Superannuation Industry

(Supervision) Regulations 1994 of the

Commonwealth;

"splittable contribution" has the same meaning as it

2536 GOVERNMENT GAZETTE, WA 11 July 2006

(b) in the definition of "member" by deleting "or 1 1A" and inserting instead -

1 1A, 1 1AA or 42(2)(a)

(c) at the end of the definition of "salary day" by deleting the full stop and inserting a semicolon instead.

4.            Regulation 9A amended

Regulation 9A is amended as follows:

(a) by deleting "3 categories" and inserting instead -

46 4 categories ";

(b)	after paragraph (a) by inserting "and";
(c)	at the end of paragraph (c) by deleting the full stop and inserting instead -
"

and

(d) category D - people who became members under regulation 1 1AA or 42(2)(a).

5.            Regulation 11 AA inserted

After regulation 11 A the following regulation is inserted

TI

11AA. Partners

(1)	A member may apply for the member's partner to become a category D member by giving written notice to the Board.
(2)	If the Board accepts the application, the partner becomes a category D member when the application is accepted.

6.            Regulation 11B amended

Regulation 11 B is amended by deleting the full stop and inserting instead -

44

or

(c) in the case of a category D member, the whole

of the balance in the member's accumulation account has been paid or transferred from the Fund.

7.           Regulation 14 amended

(1) Regulation 14(lc) is amended by deleting "A category B member or category C member" and inserting instead -

44

A category B, C or D member ".

11 July 2006 GOVERNMENT GAZETTE, WA 2537

(2) After regulation 14(lc) the following subregulation is

inserted -

(id) A member whose partner is also a member may

contribute to the Fund for the partner any amount
agreed between the member and the Board.

8.            Regulations 16 and 16A inserted

After regulation 15 the following regulations are inserted -

16.          Contribution splitting

(1) A member for whom splittable contributions have been

made to the Fund may apply to the Board to transfer
some or all of those contributions for the benefit of the
member's partner in accordance with Division 6.7 of

the SIS Regulations.

(2) The member may apply to transfer those

contributions -

(a)	if the member's partner is also a member of the Fund, to the partner's accumulation account; or
(b)	if the member's partner is a member of another superannuation fund that is able to accept the transfer, to that other fund.

(3) The Board may accept an application under

subregulation (1) if it is satisfied that the application

complies with Division 6.7 of the SIS Regulations.

(4) On acceptance of an application under

subregulation (1) the Board is to transfer the

contributions as requested.

16A. Acceptance of Commonwealth payments	The Board may accept from the Commonwealth
Commissioner of Taxation payment of any of the following in respect of a member -

(a)

a shortfall component under the Act 1992 of the Commonwealth;

(b)	an amount equal to the balance of the member's account in the Superannuation Holding Accounts Reserve under the Small Superannuation Accounts Act 1995 of the Commonwealth;
(c)	a Government co-contribution under the

Superannuation (Government Co-contribution

for Low Income Earners) Act 2003 of the

Commonwealth. ',

2538 GOVERNMENT GAZETTE, WA 11 July 2006

9.            Regulation 21D inserted

After regulation 21 C the following regulation is inserted -

33  

21D. Benefits for category D members

(1) A category D member is entitled to a benefit equal to the balance in the member's accumulation account if the member -

(a)	satisfies a condition of release under the SIS Act, other than death; or
(b)	gives notice to the Board that he or she wishes to withdraw from the Fund.

(2) If a category D member dies while still a member, the

Board is to pay a benefit equal to the balance in the member's accumulation account.

(3) A category D member who is not yet entitled to a

benefit under subregulation (1) and requests payment, member.
is entitled to a benefit of up to the amount which the

10.          Regulation 27A amended

(1) Regulation 27A(2) is amended as follows:

(a) by deleting paragraphs (a) and (b) and inserting the

following paragraphs instead -

"

(a)	all contributions made to the Fund by or for the member; and
(b)	the amount of any splittable contributions transferred to the member under regulation 16; and

(ba) payments accepted from the Commissioner of Taxation under regulation 16A in respect of the member; and

(b) in paragraph (e) by deleting "or 22AA" and inserting

instead -

22AA or 42(2)(b)

(c) after each of paragraphs (c) to (e) by inserting -

" and ".

(2) Regulation 27A(3) is amended as follows:

(a) after paragraph (bb) by inserting the following

paragraphs -

"

(be) the amount of any splittable contributions

transferred by the member under regulation 16;
and

11 July 2006 GOVERNMENT GAZETTE, WA 2539

(bd) any amounts to be debited to the account under

regulation 42(3); and

IF

(b) after each of paragraphs (a) to (bb) by inserting -

44 and

11.          Regulation 42 inserted

The following regulation is inserted in Part 9 before regulation 43 -

42. Splitting of entitlements on dissolution of marriage

(1) Terms used in this regulation have the same meanings

as they have in Part 7A of the SIS Regulations.

(2) If, under Part 7A of the SIS Regulations, the Board

creates a new interest for a non-member spouse -

(a)	the non-member spouse becomes a category D member when that interest is created; and
(b)	the Board is to credit to the non-member spouse's accumulation account an amount equal to the value of that interest determined in accordance with the SIS Regulations.

(3) If the Board is required under Part 7A of the

SIS Regulations to reduce the value of the benefits of a member spouse the Board may -

(a) in relation to a category A member do either or both of the following -

(i)     reduce the member's accrued benefit;

(ii)     debit an amount to the member's accumulation account;

or

(b) in relation to a category B, C or D member,

debit an amount to the member's accumulation

account,

in a manner and to an extent permitted by the
SIS Regulations.

(4) Despite anything else in these regulations, the Board may pay or transfer the superannuation interest in the Fund of a non-member spouse if it is required or

permitted to do so under Part 7A of the
SIS Regulations.

12.          Regulation 43 amended

Regulation 43(1) is repealed and the following subregulations are inserted instead -

2540 GOVERNMENT GAZETTE, WA 11 July 2006

44

(1)	The Board may make and carry into effect arrangements under which an agreed sum or agreed assets are to be paid by or transferred from another superannuation fund to the Fund for the benefit of a member of the Fund.
(la)	The arrangements may be made with the member or the trustee of or other persons controlling the other fund or both.

13.          Regulation 44 amended

Regulation 44(1) is amended by deleting "which may be payable under these regulations or in respect of that member on the cessation of that member's service with the employer." and inserting instead —

" to which a member is entitled under these regulations. ".

By Command of the Governor,

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