Fire Brigades (Superannuation Fund) Amendment Regulations 2001 (WA)

1760 GOVERNMENT GAZETTE, WA 30 March 2001

(Superannuation Fund) Amendment Regulations 2001.

SUPERANNUATION BOARD

SI)301'

Fire Brigades Superannuation Act 1985

Fire Brigades (Superannuation Fund)

Amendment Regulations 2001

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Fire Brigades

30 March 2001 GOVERNMENT GAZETTE, WA 1761

2.           The regulations amended

The amendments in these regulations are to the Fire Brigades
(Superannuation Fund) Regulations 1986*.
[* Reprinted as at 11 October 1994.

For amendments to 1 March 2001 see 1999 Index to

Legislation of Western Australia, Table 4, pp.	87-8, and
Gazette 18 August 2000.]

3.            Regulation 3 amended

Regulation 3(1) is amended in the definition of "supplementary disablement benefit" by inserting after "23B" -

44

or 23BA

4.            Regulation 21B amended

(1) Regulation 21B(1) is amended by deleting "and 22" and
inserting instead -

22, 23B and 23BA ".

(2) After regulation 21B(3) the following subregulation is
inserted -

44

(3a) The Board must not transfer a supplementary

disablement benefit under subregulation (2) or (3)
unless the benefit is to be paid as a lump sum and has
become payable to the member.

5.            Regulation 23B amended

(1) Regulation 23B(3) is amended as follows:

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

•

" 11

,_l1 ,

(b) after paragraph (c) by inserting the following paragraph -

"

(d) in a lump sum payable as soon as possible after the member becomes entitled to the partial and permanent disablement benefit.

(2) Regulation 23B(7) is amended by inserting after

"subregulation (3)" -

" (c) ".

(3) After regulation 23B(7) the following subregulation is

inserted -

"

(7a) The amount of the lump sum of supplementary

disablement benefit payable to a beneficiary under an

1762 GOVERNMENT GAZETTE, WA 30 March 2001

election under subregulation (3)(d) is an amount equal
to the member's maximum benefit.

6.            Regulation 23BA amended

(1) Regulation 23BA(1) is amended as follows:

(a)	by inserting after "regulation 23B(3)" - " (c) ";
(b)	by deleting "paid in monthly instalments." and inserting instead -

"

paid -

(a)	in monthly instalments payable on the first day of each month from the month after the month in which the election is made until the end of
the 5 year period referred to in regulation 23B(3)(c); or
(b)	in a lump sum payable as soon as practicable after the election is made.

(2) Regulation 23BA(2) is amended by inserting after

"subregulation (1)" -

" (a) ".

(3) After regulation 23BA(2) the following subregulation is

inserted -

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(2a) The amount of the lump sum payable to a beneficiary

who elects to be paid a lump sum under
subregulation (1)(b) is calculated in accordance with

Schedule 9.

(4) Regulation 23BA(3) is amended as follows:

(a)	by inserting after "regulation 23B(3)" - " (a) ";
(b)	by deleting "benefit in a lump sum payable 5 years after the end of the relevant month." and inserting instead -

"

benefit -

(a)	in a lump sum payable 5 years after the end of the relevant month; or
(b)	in a lump sum payable as soon as practicable after the election is made.

(5)	Regulation 23BA(4) is amended by inserting after "subregulation (3)" -
46

(a) "

30 March 2001 GOVERNMENT GAZETTE, WA 1763

(6) After regulation 23BA(4) the following subregulation is

inserted -

(4a) The amount of the lump sum payable to a beneficiary

who elects to be paid a lump sum under
subregulation (3)(b) is calculated in accordance with

Schedule 7.

(7) Regulation 23BA(5) is repealed and the following subregulation

is inserted instead -

46

(5) A beneficiary who elected under regulation 2313(3)(b)
to be paid a supplementary disablement benefit in
annual instalments may -

(a)	at any time before the fourth instalment is paid, elect to be paid the remainder of the benefit in a lump sum payable 5 years after the end of the relevant month; or
(b)	at any time before the last instalment is paid, elect to be paid the remainder of the benefit in a lump sum payable as soon as practicable after the election is made.

(8) Regulation 23BA(6) is amended by inserting after

"subregulation (5)" -

" (a) ".

(9) After regulation 23BA(6) the following subregulation is

inserted -

(6a) The amount of the lump sum payable to a beneficiary	who elects to be paid a lump sum under
subregulation (5)(b) is calculated in accordance with Schedule 8.

7.           Regulation 23C replaced

Regulation 23C is repealed and the following regulation is inserted instead -

"

23C. Benefit on death of supplementary disablement
beneficiary

(1) If a member entitled to a supplementary disablement benefit dies before all of the benefit has been paid, a lump sum shall be paid from the Superannuation Fund

in the manner provided in regulation 25.

1764 GOVERNMENT GAZETTE, WA 30 March 2001

(2) The amount of the lump sum payable under

subregulation (1) is an amount calculated in accordance

with—

(a) if the member's last election was an election under regulation 23B(3)(a) or 23BA(l)(a) for the benefit to be paid in monthly instalments -

Schedule 7;

(b)	if the member's last election was an election under regulation 23B(3)(b) for the benefit to be paid in annual instalments - Schedule 8; or
(c)	if the member's last election was an election under regulation 23B(3)(c) or 23BA(3)(a) or

(5)(a) for the benefit to be paid as a lump sum

after 5 years - Schedule 9.

(3) In this regulation -

"last election" of a member, means the last election

made by the member under regulation 23B or
23BA as to the manner in which the member's
supplementary disablement benefit was to be paid.

8.            Regulation 23D amended

(1) Regulation 231)(1) is amended as follows:

(a) by inserting after "regulations 2313" -

23BA ";

(b) in paragraph (a)(ii) by deleting "regulation 2313(3) or 23B(4)" and inserting instead -

regulation 23B(5), 23B(6) or 23BA(2)

(as the case requires)

(2) Regulation 231)(2) is amended as follows:

(a) by inserting after "regulations 2313" -

23BA ";

(b) in paragraph (a)(ii) by deleting "regulation 23B(3) or 23B(4)" and inserting instead -

33

regulation 23B(5), 23B(6) or 23BA(2)
(as the case requires)

9.            Schedule 4 amended

The heading to Schedule 4 is amended by deleting "[r. 21(c)]" and inserting instead -

44

[r. 21(I)(c)] "

30 March 2001 GOVERNMENT GAZETTE, WA 1765

10.          Schedule 7 amended

(1) The heading to Schedule 7 is amended as follows:

(a)

by deleting "[Regulation 23C(1)]" and inserting " [rr. 23BA(4a) and 23C(2)(a)]

(b)	after "CALCULATION OF" by inserting -
" LUMP SUM OR ";
(c)	by deleting "PAYMENT" and inserting instead -
" ELECTION ".

(2) Schedule 7 is amended as follows:

(a)	in the first paragraph, by deleting "sum death" and inserting instead -
" sum or death
(b)	in the definition of "DB" by inserting after "the" -

44

lump sum or ";

(c)	in paragraphs (a) and (b) of the definition of"MIB" by inserting after "he died" -
" or made the election under regulation 23BA(3)(b)
(d)	in the definition of "n" by deleting "up to the time of his death" and inserting instead -

"

before he died or made the election under

regulation 23BA(3)(b)

(e) in the definition of"i" by inserting after 23B(5)" -

44

or 23BA(2) ".

11.         Schedule 8 amended

(1) The heading to Schedule 8 is amended as follows:

(a)

by deleting "[Regulation 23C(2)]" and inserting " [rr. 23BA(6a) and 23C(2)(b)}

(b)	after "CALCULATION OF" by inserting -
" LUMP SUM OR ";
(c)	by deleting "PAYMENT" and inserting instead -
" ELECTION ".

(2) Schedule 8 is amended as follows:

(a)

in the first paragraph, by deleting "sum death" and " sum or death

(b) in the definition of "DB" by inserting after "the" -

46

lump sum or

1766 GOVERNMENT GAZETTE, WA 30 March 2001

(c)

in paragraphs (a) and (b) of the definition of"AIB" by " or made the election under regulation 23BA(5)(b)

(d) in the definition of "n" by deleting "up to the time of his death" and inserting instead -

"

before he died or made the election under
regulation 23BA(5)(b)

12.          Schedule 9 amended

(1) The heading to Schedule 9 is amended as follows:

(a) by deleting "[Regulation 23C(3)]" and inserting instead -

46

[rr. 23BA(2a) and 23C(2)(c)]

(b) by deleting "DEATH BENEFIT" and inserting instead -

33

LUMP SUM OR DEATH BENEFIT AFTER
ELECTION OF LUMP SUM BENEFIT

AFTER 5 YEARS

(2) Schedule 9 is amended as follows:

(a) in the first paragraph by inserting before "death" -

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lump sum or ";

(b) in the definition of "DB" by inserting after "the" -

46

lump sum or

(c)

in the definition of "LSB" by inserting after "not " or made the election under regulation 23BA(l)(b)

(d) in the definition of "n" by deleting "of death" and inserting instead -

"

the member died or made the election under

regulation 23BA( 1 )(b)

(e) in the definition of"i" by inserting after "23B(7)" -

44

or 23BA(3)(a) or 23BA(5)(a) ".

By Command of the Governor,

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