Fire and Emergency Services (Superannuation Fund) Amendment Regulations (No. 2) 2012 (WA)

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31 October 2012 GOVERNMENT GAZETTE, WA 5245

Fire and Emergency Services Superannuation Act 1985

Fire and Emergency Services (Superannuation

Fund) Amendment Regulations (No. 2) 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Fire and Emergency Services
(Superannuation Fund) Amendment Regulations (No. 2) 2012.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) Fire Act 2012

the rest of the regulations — the day on which the section 97 comes into operation.

3.             Regulations amended

These regulations amend the Fire and Emergency Services
(Superannuation Fund) Regulations 1986.

4.             Regulation 3 amended

In regulation 3(1) delete the definition of FESA Act.

5246 GOVERNMENT GAZETTE, WA 31 October 2012

Fire and Emergency Services (Superannuation Fund) Amendment

Regulations (No. 2) 2012

r. 5

5.             Regulation 3A replaced

Delete regulation 3A and insert:

3A. Eligible FES employees
For the purposes of the definition of eligible FES
employee in section 3(1) of the Act —
(a) a person holds a prescribed office if the person holds office as the FES Commissioner; and
(b) a person is of a prescribed class if the person is employed or engaged as described in the FES Act section 20.

6.             Regulation 10 deleted

Delete regulation 10.

7.             Regulation 11 amended

Delete regulation 11(4) and insert:

(4)  If an eligible FES employee who made an election
under subregulation (1)(d)(ii) ceases to be a GES
member, subregulation (1) applies as if the employee
had become an eligible FES employee when he or she
ceased to be a GES member.
Note:  The heading to amended regulation 11 is to read:

Membership of eligible FES employee

31 October 2012 GOVERNMENT GAZETTE, WA 5247

Fire and Emergency Services (Superannuation Fund) Amendment

Regulations (No. 2) 2012

r. 8

8.             Regulation 12B amended

In regulation 12B(1):

(a) in paragraph (a) delete “Board, the board of management of the Authority” and insert:

Board

(b) in paragraph (b) delete “Authority” and insert:

FES Commissioner

9.             Regulation 47 amended

(1) In regulation 47(1) delete “Authority” and insert:
FES Commissioner
(2) In regulation 47(2):
(a) delete “Authority may,” and insert:

FES Commissioner may,

(b) delete “election itself,” and insert:

election,

(c) delete “Authority.” and insert:

FES Commissioner.

5248 GOVERNMENT GAZETTE, WA 31 October 2012

Fire and Emergency Services (Superannuation Fund) Amendment

Regulations (No. 2) 2012

r. 10

10.           Regulation 47A amended

(1) In regulation 47A(2) delete “Authority” and insert:
FES Commissioner
(2) In regulation 47A(2a):
(a) delete “Authority may,” and insert:

FES Commissioner may,

(b) delete “ballot itself,” and insert:

ballot,

(c) delete “Authority.” and insert:

FES Commissioner.

11.           Various references to “Authority” amended

In the provisions listed in the Table delete “Authority” (each
occurrence) and insert:
FES 

Table

r. 3(1) def. of temporary or r. 3(1) def. of the employer
casual employee par. (a)
r. 6(a) and (b) r. 7(1)(a)
r. 11(1), (2) and (5)
31 October 2012 GOVERNMENT GAZETTE, WA 5249

Fire and Emergency Services (Superannuation Fund) Amendment

Regulations (No. 2) 2012

r. 12

12.           Various references to “chief executive officer” amended

In the provisions listed in the Table delete “chief executive
officer” (each occurrence) and insert:
FES Commissioner 

Table

r. 3(1) def. of the employer r. 6(a)
par. (a)
r. 7(1)(c)(vi) r. 12(1) and (3)
r. 12A(1) and (3)(a) r. 13(1)(a) and (c) and (2)(a)
and (b)
r. 16(1) def. of actuarial amount r. 16(1) def. of employer
par. (b)
r. 16(2), (6) and (7) r. 23B(10) def. of satisfactory
alternative employment
r. 34A(1) r. 35(1)
r 36(4) r. 42(3)(a)
r. 48(1) and (2)(a) and (b)

By Command of the Governor,

G. MOORE, Clerk of the Executive Council.

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