Fire Brigades (Superannuation Fund) Amendment Regulations (No. 2) 1994 (WA)
| 3206 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
FIRE BRIGADES SUPERANNUATION ACT 1985
FIRE BRIGADES (SUPERANNUATION FUND) AMENDMENT REGULATIONS (NO. 2) 1994 Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Fire Brigades (Superannuation
Fund) Amendment Regulations (No. 2) 1994.
Commencement
2. These regulations come into operation on the day on which section 10 of
the Fire Brigades Superannuation Amendment Act 1994 comes into operation.
Principal regulations
3. In these regulations the Fire Brigades (Superannuation Fund)
Regulations 1986* are referred to as the principal regulations.
[* Published in Gazette of 29 October 1986 at pp. 4017-32. For amendments to 21 June 1994 see 1993 Index to Legislation of Western Australia, Table 4, p. 81.] Regulation 3 amended
4. Regulation 3 (1) of the principal regulations is amended —
(a) by inserting, in the appropriate alphabetical positions, the following definitions — "actuarial report" means a report received by the Superannuation Board under section 17 (3) of the Act;
"Category B member" means a member under regulation 12A (2) or 12B; "Category A member" means a member other
than —
(a)
a member under regulation 12A (2) or 12B; or
(b)
a member referred to in paragraph (b) of the definition of "member" in this subregulation;
| 29 June 19941 | GOVERNMENT GAZETTE, WA | 3207 |
5
"complying superannuation fund" and 'complying superannuation scheme" have the same meanings as they have in the Act 1992 (Cwlth); Superannuation Guarantee (Administration)
"instalment benefit" means a benefit payable from the Superannuation Fund under regulation 2313;
"maximum benefit" in relation to a member who becomes partially and permanently disabled, means the maximum percentage of the amount by which the members partial and permanent disablement benefit is less than the total and permanent disablement benefit to which the member would have become entitled under regulation 20 if the member had become totally and permanently disabled;"maximum percentage" means 100% or such lesser percentage as may be determined under regulation 231);
"Superannuation Guarantee Charge" means a charge or tax imposed on an employer under the Superannuation Guarantee Charge Act 1992 for not making certain superannuation contributions;
"temporary or casual employee" means a Fire Brigades employee or an associated employee who is determined by the Superannuation Board to be a temporary or casual employee;and
(b) by deleting the definition of "member" and substituting the following definition -
"member" means -
(a) a member of the Superannuation Fund under Part III; or
(b) a person who has ceased to be a Fire Brigades Board employee or an associated employee in respect of whom apension or other benefit is payable under these regulations,
whichever is indicated by the context, or where the context indicates, either or both of those persons;
| 3208 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
6
Regulation 7 amended
5. Regulation 7 of the principal regulations is amended -
(a) by repealing subregulation (1) and substituting the following subregulation -
(1) In this regulation "normal rate of
remuneration", in relation to a member -
(a) includes any remuneration or benefit by payable to the member in the member's capacity as a Fire Brigades employee or an associated employee;
way of salary or wages that is ordinarily
(b) includes any contributions that are paid member's employer on behalf of the member pursuant to an agreement between the member and the employer,
to the Superannuation Fund by the
(c) includes -
(i) a service allowance; (ii) an industry allowance; (iii) a shift penalty; (iv) a leading hand allowance; (v) a tool allowance; and (vi) any other allowance that the Fire
Brigades Board and the Superannuation Board agree should be included in the superannuation salary of the member;
(d) does not include - (i) bonus; or an amount paid for overtime or as a
(ii) any allowance not referred to in paragraph (c).
(b) in subregulation (2) by deleting "subregulations (3) and (4)" and substituting the following - U subregulations (3), (3a) and (4)
| 29 June 19941 | GOVERNMENT GAZETTE, WA | 3209 |
vi
(c) subregulation - by inserting after subregulation (3) the following a
salary or wares of a member (in this subregulation (3a) Subject to subregulation (4), where the called the original salary") is increased as a consequence of the member being appointed to a position for a specified period of time and, in the opinion of the Superannuation Board and the employer, there is a reasonable expectation that at the end of that period the salary or wages of the member will be reduced to the original salary or to a salary or wages lower than the increased salary or wages, the superannuation salary of the member during that period is the original salary.
and
(d) substituting the following - in subregulation (4) by deleting "subregulation (2) or (3)" and subregulation (2), (3) or (3a)
Regulation 11 amended
6. Regulation 11 of the principal regulations is amended -
(a) in subregulation (1) by deleting "a member" where it first occurs and substituting the following - a Category A member
(b) by repealing subregulation (2) and substituting the following subregulation - a
(2) In subregulation (1) - "Fire Brigades employee" does not include a temporary or casual employee or a person to whom regulation 12B applies;
"employment" does not include temporary or casual employment or employment as a person to whom regulation 12B applies.
and
(c) by repealing subregulation (3).
16792-2
| 3210 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
8
Regulation 12 amended
7. Regulation 12 of the principal regulations is amended
(a) in subregulation (1) by deleting ", other than a person employed on a temporary basis,"; (b) by repealing subregulation (2); (c)
and substituting the following - in subregulation (3) by deleting "a member" where it first occurs a Category A member
(d) by repealing subregulation (4) and substituting the following subregulation - (4) In subregulations (1) and (3) -
"associated employee" does not include a temporary or casual employee or a person to whom regulation 12B applies;
"employment" does not include temporary or casual employment or employment as a person to whom regulation 12B applies.
and
(e) by repealing subregulation (5). Regulations 12A and 12B inserted
8. After regulation 12 of the principal regulations the following regulations
are inserted -
Temporary and casual employees
12A. (1) A person who became a member of the
1994 shall remain a member of the Superannuation Fund so long Brigades (Superannuation Fund) Amendment Regulations (No. 2) Superannuation fund pursuant to reulation 11 (3), 12 (2) or 12 (5) as in force before the coming into operation of the Fire as that person continues in the employment of the Fire Brigades
Board or an associated employer.
after the coming into operation of the Fire Brigades (2) Where a person becomes a temporary or casual employee (Superannuation Fund) Amendment Regulations (No. 2) 1994, that person shall, by virtue of this subregulation, become a Category B member of the Superannuation Fund when that person becomes a temporary or casual employee and shall remain a Category B member of the Superannuation Fund so long as he or she remains a temporary or casual employee.
29 June 19941 GOVERNMENT GAZETTE, WA 3211 (3) In subregulation (2) "temporary or casual employee" means a temporary or casual employee -
(a) Superannuation Guarantee (Administration) Act 1992 who is an "employee" (within the meaning of the (Cwlth)) of the Fire Brigades Board or an associated employer, in relation to whom the Superannuation
Guarantee Charge would be payable if there were a superannuation guarantee shortfall, within the meaning of that Act, in respect of that employee; and
(b) in respect of whom the employer has not agreed to make contributions to another complying superannuation fund or complying superannuation
scheme.
Board members etc.
12B. (1) This regulation applies to a person who is -
(a) a member of the Superannuation Board, the Fire Brigades Board or the executive body (whether
associated employer; described as the board of directors or otherwise) of an (b) Superannuation Guarantee (Administration) Act 1992 an "employee" (within the meaning of the (Cwlth)) of the Fire Brigades Board or an associated employer, in relation to whom the Superannuation
Guarantee Charge would be payable if there were a superannuation guarantee shortfall, within the meaning of that Act, in respect of that employee;
(c) not a Category A member of the Superannuation Fund; and
(d) not a person in respect of whom the employer has agreed to make contributions to another complying superannuation fund or complying superannuation
scheme.
A person to whom this regulation applies on the coming regulation become a Category B member of the Superannuation Fund on the coming into operation of those regulations and shall remain a Category B member of the Superannuation Fund so long as that person continues to be a person to whom this regulation applies.
Amendment Regulations (No. 2) 1994 shall, by virtue of this into operation of the Fire Brigades (Superannuation Fund) (2) Where a person who is not already a Category B member after the coming into operation of the Fire Brigades (Superannuation Fund) Amendment Regulations (No. 2) 1994 that person shall, at the same time and by virtue of this regulation become a Category B member of the Superannuation Fund and shall remain a Category B member of the Superannuation Fund
of the Fund becomes a person to whom this regulation applies (3)
| 3212 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
10
so long as that person continues to be a person to whom this
regulation applies.
Regulation 14 inserted
9. After regulation 13 of the principal regulations the following regulation
is inserted -
Category transfers
14.
(1) Notwithstanding regulation 13 and Part V of these Category A member and becomes a Category B member or vice versa, that member is entitled to the benefit that would have
person who was a Category A member ceases to be eligible to be a regulations and subject to the Commonwealth standards where a
been payable to that member if the member had ceased to be in
the employment of that employer.
subregulation (1) - (2) Where a benefit is payable in respect of a member under
(a) the member may elect to take all of that benefit; or (b)
if the member does not make an election under paragraph (a), or elects to take part of the benefit, the benefit or balance of the benefit payable to the
member shall be credited to the member's
contribution account.(3) The payment or crediting of a benefit under
subregulation (2) satisfies the members entitlement to a benefit under subregulation (1) in full.
member shall, as a Category A member, be granted such rights to (4) A Category B member who becomes a Category A
benefits additional to those otherwise provided under these regulations as are determined by the Superannuation Board on the advice of the actuary.
Regulation 15 amended
10. Regulation 15 of the principal regulations is amended -
(a) in subregulation (1) by deleting "member" and substituting the following - Category A member
29 June 19941 3213
GOVERNMENT GAZETTE, WA
11
(b) by inserting after subregulation (1) the following subregulation - member, other than a member to whom (la) Subject to subregulation (3), a Category B
regulation 12B applies, may, with the consent of his or her employer, contribute to the Superannuation Fund.
agreement whereby the member's employer pays (ib) Where a member has entered into an
contributions to the superannuation Fund on behalf:
of the member -
(a) for the purposes of these regulations those contributions are taken to be contributions of the member under this case requires; and regulation or regulation 37 (1), as the
(b) any tax payable in respect of the contribution under a law of the Commonwealth shall be deducted from
the amount of the contribution.
(c) substituting the following - in subregulation (2) by deleting "subregulation (1)" and subregulations (1) or (la)
(d) substituting the following - in subregulation (4) by deleting "subregulation (5) or (6)" and subregulation (5), (6) or (6a)
(e) in subregulation (5) by deleting "member" where it first occurs and substituting the following -
Category A member
(f) in subregulation (6) by deleting "member" where it first occurs and substituting the following -
Category A member "; and
(g) by inserting after subregulation (6) the following subregulation -. a
balance of the member's contribution account shall be (6ã) In relation to a Category B member, the the total of—
(a) the member's contributions to the Superannuation Fund;
| 3214 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
12
(b) contributions made by the employer under regulation 16A; and
(c) interest upon the balance of the account credited at the end of each financial year or at such other times as determined by
the Superannuation Board.
Regulation 16 amended
11. Regulation 16 of the principal regulations is amended -
(a) following— in subregulation (1) by inserting after "In this regulation" the and regulations 16A and 16B
(b) in subregulation (2) by deleting "members" and substituting the following -
Category A members
(c) following - in subregulation (3) by deleting "members" and substituting the Category A members
(d) in subregulation (4) by deleting "member" and substituting the following Category A member
(e) in subregulation (5) by deleting "members" and substituting the following— Category A members
(0 in subregulation (6) by deleting "members" and substituting the
following -
Category A members "; and
(g) in subregulation (7) by deleting "members" in both places where it occurs and substituting in each case the following -
Category A members ".
29 June 19941 3215
GOVERNMENT GAZETTE, WA
13
Regulations 16A and 16B inserted
12. After regulation 16 of the principal regulations the following
regulations are inserted -
Contributions by employers - Category B members
16A. Each employer shall in relation to, and on or as soon as practicable after, each salary day contribute to the Superannuation Fund in respect of the Category B members of the Superannuation Fund employed by it to whom salary becomes payable on that day -
the minimum percentage of the salary required to be
(a) contributed by the employer to avoid the Superannuation Guarantee Charge; or
(b) greater amount than the amount referred to in in the case of a temporary or casual employee, if a
temporary or casual employee and the employer, that paragraph (a) has been agreed between the greater amount.
Contributions by employers - supplementary disablement benefits 16B. (1) Each employer shall in relation to, and on or as soon as practicable after, each salary day contribute to the Superannuation Fund a sum equal to 1% of the total amount of the superannuation salaries payable to Category A members in relation to that salary day. report, the Superannuation Board is of the opinion that the (2) If, after considering the advice contained in an actuarial supplementary disablement benefits to be provided under these regulations may beprovided by contributions of less than 1% of
members, the Superannuation Board may advise the employers of the total amount of the superannuation salaries of Category A the percentage to which contributions may be reduced, and the employers may reduce their contributions to a percentage not less
than that percentage.Where the contributions of employers have previously been reduced under subregulation (2) and, after considering the advice contained in an actuarial report7 the Superannuation
(3)
Board is of the opinion that the contributions are insufficient to maintain the supplementary disablement benefits to be provided under these regulations, the Superannuation Board shall advise the employers of the percentage, not exceeding 1%, to which contributions should be increased and the employers shall increase their contributions to that percentage.
| 3216 | GOVERNMENT GAZETTE, WA | (29 June 1994 |
14
Regulation 17 amended
13. Regulation 17 of the principal regulations is. amended -
by inserting after the regulation designation "17" the
(a) subregulation designation "(1)";
(b) by deleting "member" where it first occurs and substituting the following -
Category A member "; and
(c) by adding the following subregulation -
where a Category B member - (2) Subject to the Act and these regulations, retires from the employment of the
(a) employer when the member reaches the age of 65 years; or
(b) employer before the member reaches the retires from the employment of the age of 65 years for a reason other than his or her total and permanent disablement or partial and permanent disablement and that retirement occurs when or after the member reaches the age of 55 years,
there shall be paid to the member from the Superannuation Fund a lump sum benefit equal to the balance of the contribution account of the member.
Regulation 18 amended
14. Regulation 18 of the principal regulations is amended -
(a) in subregulation (1) by deleting "member" where it first occurs
and substituting the following -
Category A member "; and
(b) subregulation - by inserting after subregulation (2) the following a
• subregulation (3), where a Category B member (2a) Subject to the Act, these regulations and the member reaches the age of 65 years then upon the subsequent retirement of the member from the employment of the employer there shall be paid to the member from the Superannuation Fund a Jump sum benefit equal to the balance of the contribution account of the member. • continues in the employment of the employer after
29 June 19941 3217
GOVERNMENT GAZETI'E, WA
15
Regulation 19 amended
15. Regulation 19 of the principal regulations is amended -
(a) and substituting the following - in subregulation (1) by deleting "member" where it first occurs cc
Category A member "; and
(b) subregulation - by inserting after subregulation (1) the following where a Category B member dies in the employment (la) Subject to the Act, and these regulations,
of the employer on or before the member reaches the age of 65 years, there shall be paid to the member from the Superannuation Fund a lump sum benefit equal to the balance of the contribution account of the member.
I
Regulation 20 amended
16. Regulation 20 of theprincipal regulations is amended by deleting
"under regulation 19 (1)" and substituting the following -
to that member under regulation 19
Regulation 23 amended
17. Regulation 23 of the principal regulations is amended -
(a) in subregulation (1) by deleting "if a member" and substituting the following -
if a Category A member "; and
(b) subregulation - by inserting after subregulation (la) the following a a Category B member ceases to be in the employment (ib) Subject to the Act and these regulations, if
of the employer before the Category B member reaches the age of 55 years otherwise than as provided in regulation 19 20 or 21, that member shall become entitled to a lump sum benefit equal to the balance of the contribution account of the member.
| 3218 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
16
Regulation 23A amended
18. Regulation 23A of the principal regulations is amended -
(a)
in subregulation (1) by deleting "regulation 23 (1) or 38 (3)" and substituting the following -
these regulations "; and
(b) in subregulation (2) (a) by deleting "under regulation 23 (1)".
Regulations 23B, 23C and 23D inserted
19. After regulation 23A of the principal regulations the following
regulations are inserted -
Supplementary disablement benefits
23B.
Category A member in respect of whom a contribution is made
(1) Subject to the Act and these regulations, where a under regulation 16B -
(a) is partially and permanently disabled, and is entitled to and ispaid a partial and permanent disablement
benefit under regulation 21;
(b) has not, before the termination of employment, been offered alternative employment by the Fire Brigades Board or any other employer for which, in the opinion of the Superannuation Board, he or she is reasonably suited by education, training and experience and which in the opinion of the Superannuation Board, provides satisfactory remuneration having regard to the employee's previous salary; and
(c) has not had the benefit payable to the member reduced by determination of the Superannuation
Board under regulation 33,
that member shall be paid from the Superannuation Fund
either—
(d) a benefit determined under subregulation (3); or (e) a benefit determined under subregulation (4),
as the member may elect.
writing prior to the receipt of the first payment of a (2) An election under subregulation (1) shall be made in
supplementary disablement benefit from the Superannuation
Fund and is irrevocable.
Subject to these regulations, the benefit payable to a beneficiary under subregulation (1) (a) shall be a monthly instalment benefit calculated in accordance with Schedule 5. (3)
| 29 June 19941 | GOVERNMENT GAZETTE, WA | 3219 |
17
Subject to these regulations, the benefit payable to a beneficiary under subregulation (1) (b) shall be an annual instalment calculated in accordance with Schedule 6. shall be determined from time to time by the Superannuation (5) The rate of interest referred to in Schedules 5 and 6 Board, after having considered the advice of the actuary and shall apply to all calculations made under subregulations (3) and (4) until another determination as to the rate of interest is made under this subregulation. (4)
An instalment benefit already determined under subregulation (3) or (4) shall not be recalculated by reason only of a new determination of a rate of interest under subregulation (5). (6)
The monthly instalment benefit payable under subregulation (3) shall be paid on the first day of each month for a period of 60 months commencing with the month following the relevant month.
subregulation (4) shall commence on the first day of the month following the month one year after the relevant month and (8) The annual instalment benefit payable under
further payments shall be made on the anniversary of that day in
each of the next 4 succeeding years.(7)
Upon the payment of the 60th payment under beneficiary shall cease to be a beneficiary and all entitlements to subregulation (7) or the 5th payment under subregulation (8) the any benefits pursuant to these regulations shall thereupon cease. beneficiary, means - (10) In this regulation "relevant month", in relation to a (9)
(a) where the beneficiary has been paid a partial and permanent disablement benefit by way of an interim payment under regulation 27 (1) (a), the month during which it was determined under these regulations that the beneficiary is not totally and permanently disabled;
(b) in any other case, the month during which the beneficiary was paid a partial and permanent disabled benefit.
Death benefits - supplementary disablement benefits
shall be raid from the Superannuation Fund, in the manner the 60th payment is made under regulation 23B (7) then there 23C. (1) Subject to these regulations, if a beneficiary who elected to receive a benefit under regulation 238 (3) dies before provided in regulation 25, a lump sum benefit calculated in
accordance with Schedule 7.
to receive a benefit under regulation 23B (4) dies before the 5th (2) Subject to these regulations, if a beneficiary who elected
| 3220 | GOVERNMENT GAZETPE, WA | [29 June 1994 |
18
parinent is made under regulation 23B (8) then there shall be paid from the Superannuation Fund, in the manner provided in
regulation 25, a lump sum death benefit calculated in accordance
with Schedule 8.
Review of supplementary disablement benefits
23]). (1) If, after considering the advice contained in an actuarial report, the Superannuation Board is of the opinion that
contributions by employers of 1% of the total amount of the superannuation salaries of Category A members are insufficient to maintain the benefits to be provided under regulations 23B and 23C the Superannuation Board shall, subject to subregulation (3) -
(a) reduce the benefits payable by way of a reduction in -
(i) by the Superannuation Board with the advice of the maximum percentage to a level determined
the actuary; and(ii) all instalment benefits which are in the course of payment at the date of the reduction or
which commence to be paid after the date oi the reduction, to a level determined by a
23B (4), as the case may require, using the new maximum percentage determined under recalculation under regulation 32B (3) or or subparagraph (1);
(b) reduce the benefits payable in such other manner as advice of the actuary, considers equitable.
the Superannuation Board, after considering the
and 23C have previously been reduced under subregulation (1) and, after considering the advice contained in an actuarial report, (2) Where the benefits to be provided under regulations 23B the Superannuation Board is of the opinion that the benefits should be increased, the Superannuation Board shall, subject to
subregulation (3) -
(a) where the benefits have been reduced under subregulation (1) (a), increase the benefits payable by
way of an increase in -
(i) by the Superannuation Board with the advice of the maximum percentage to a level determined the actuary being a level not exceeding 100%;
and(ii) all instalment benefits which are in the course of payment at the date of the increase, or which
commence to be paid after the date of the increase, to a level determined by a recalculation under regulation 23B (3) or
| 29 June 19941 | GOVERNMENT GAZETTE, WA | 3221 |
19
23B (4), as the case may require, using the new maximum percentage determined under subparagraph (i); or
(b) where the benefits have been reduced under after considering the advice of the actuary, considers equitable but not in a manner that would make the benefits exceed the benefits that were payable before the reduction under subregulation (1) (b) took place.
such other manner as the Superannuation Board, subregulation (1) (b), increase the benefits payable in
(3) Any reduction in benefits under subregulation (1) or benefits that have been paid to a beneficiary before the reduction
increase in benefits under subregulation (2) shall not apply to
or increase occurs.
Regulation 27 amended
20. Regulation 27 of the principal regulations is amended -
(a)
in subregulation (2) (b) by inserting after "one month" the following -
and does not exceed 90 days "; and
(b) by inserting after subregulation (2) the following subregulation - a (2a) Where the payment of any amount is postponed under subregulation (1) for a period in
excess of 90 days, interest shall be added to the
amount so postponed on such terms and conditions
(including rate of interest) as are determined by the Board.
Regulation 30 amended
21. Regulation 30 of theprincipal regulations is amended by inserting after
subregulation (6) the following subregulation -
a
(7) Without limiting the effect of section 6 of the Act, this Act governing the forfeiture of benefits.
regulation is subject to any requirement of the Commonwealth
| 3222 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
Regulation 31 repealed and a regulation substituted
22. Regulation 31 of the principal regulations is repealed and the following
regulation is substituted -
It
Deduction of tax from benefits
31. The Superannuation Board may deduct from any benefit any taxes, levies or duties payable in respect of that benefit to the Commonwealth or any State and pay the relevant authority the amount so deducted on behalf of the person to whom the benefit is payable.
Regulation 32 amended
23. Regulation 32 of the principal regulations is amended -
(a) substituting the following - in subreulation (1) by deleting "in respect of a member" and it
in respect of a Category A member "; and
(b) substituting the following - in subregulation (2) by deleting "in respect of a member" and It in respect of a Category A member
Regulation 33 amended
24. Regulation 33 of the principal regulations is amended -
(a) substituting the following - in subregulation (1) by deleting "becomes a member" and becomes a Category A member
(b) substituting the following - in subregulation (2) by deleting "becomes a member" and becomes a Category A member
Regulation 37 amended 25. Regulation 37 (1) of the principal regulations is amended by deleting
"A member" and substituting the following -
95
A Category A member
Regulation 39 amended
26. Regulation 39 (3) (b) of the principal regulations is amended by deleting
"of our" and substituting the following -
or
| 29 June 19941 | GOVERNMENT GAZETTE, WA | 3223 |
21
Regulation 42A inserted
27. After regulation 42 of the principal regulations the following regulation
is inserted -
a
Medical examinations
42A.
(1) For the purpose of determining a benefit to be paid may from time to time require a member -
to a member under these regulations the Superannuation Board
(a) to be medically examined; (b) to submit other evidence of health; and (c)
to take such other steps as may be required for any of those purposes.
or to undertake any other step that may reasonably be required (2) If a member refuses to undergo the medical examination
by the Superannuation Board for the purposes of determining a benefit to be paid to the member, the Superannuation Board may adjust the benefits to be payable from the Superannuation Fund to or in respect of that member in such manner as the
Superannuation Board considers appropriate.
Regulation 47 amended
28. Regulation 47 of the principal regulations is amended -
(a) by repealing subregulation (2); (b)
in subregulation (3) by deleting "vacancy that occurs during that year in the office of the elected alternate member and substituting the following -
a
vacancies that occur during that year in the offices of the elected alternate members;
(c) in subregulation (4) -
(i)
in paragraph (b) by deleting "the office" and substituting the following -
44
an office "; and
(ii) in paragraph (c) by deleting "the office" in the second place where it occurs and substituting the following -
an office 11;
| 3224 | GOVERNMENT GAZETTE, WA | (29 June 1994 |
22
(d) in subregulation (6) by deleting "before the ballot for the office" and substituting the following - 69 before the ballot for an office
(e) in subregulation (7) -
by deleting "for the office" and substituting the 99 (i) following -
for an office "; and
by deleting "shall hold the office" and substituting the
(ii) following -
64
shall hold an office
and
(f) in subregulation (9) -
(i) following - by deleting "for the office" and substituting the
cc
for an office "; and
by deleting "in which case the office" and substituting the
(ii) following -
to
cc
in which case that office
Regulation 47A inserted
29. After regulation 47 of the principal regulations the following regulation
is inserted -
"
Removal of elected member 47A. (1) An elected member of the Superannuation Board may be removed from office by a majority vote passed in a secret ballot of all members.
be conducted by the Fire Brigades Board at the written request of (2) A secret ballot for the purposes of subregulation (1) shall not less than 5% of all members.
respect of an elected member more than once during the term of (3) A ballot shall not be conducted under this regulation in office of that member. 29 June 19941 3225
GOVERNMENT GAZETTE, WA
23
Schedule 3 amended
30. Schedule 3 to the principal regulations is amended by repealing
clause 2.
Schedules 5 to 8 added
31. After Schedule 4 to the principal regulations the following Schedules
are added -
SCHEDULE 5
[Regulation 23B (3)]
CALCULATION OF MONTHLY BENEFIT
The formula for calculating a monthly instalment benefit in respect of a beneficiary is -
I
lB = MB
1 1-v60
where -
lB is the monthly instalment benefit to be determined,
(expressed in dollars);
MB is the beneficiary's maximum benefit (expressed in dollars);
is one-twelfth of the rate of interest expressed as a
percentage per annum, determined under regulationbeneficiary's partial and permanent disablement 23B (5) and applicable on the date of payment of the
benefit; and
| 3226 | GOVERNMENT GAZETTE, WA | [29 June 1994 |
24
SCHEDULE 6
[Regulation 23B (4)]
CALCULATION OF ANNUAL BENEFIT
The formula for calculating an annual instalment benefit in respect of a beneficiary is -
M
IB x 1 1-v5
where
lB is the annual instalment benefit to be determined,
(expressed in dollars);
dollars); MB is the beneficiary's maximum benefit (expressed in
i is the rate of interest expressed as a percentage per annum determined under regulation 23B (5) and
applicable on the date of payment of the beneficiary's
partial and permanent disablement benefit; and
| 29 June 19941 | GOVERNMENT GAZETTE, WA | 3227 |
25
SCHEDULE 7
[Regulation 23C (1)]
CALCULATION OF DEATH BENEFIT AFTER PAYMENT OF
MONTHLY BENEFITS
The formula for calculating a lump sum death benefit in respect of a beneficiary who elected to receive a monthly instalment benefit is -
DB= lB _x 1 where -
dollars); DB is the death benefit to be determined (expressed in lB is— (a) payable to the beneficiary on the day on which where a monthly instalment benefit became he died, the amount of that instalment benefit
(expressed in dollars); or(b) benefit that would have been payable to the in any other case, the amount of the instalment beneficiary on the day on which he died if a monthly instalment benefit had become payable to him on that day (expressed in dollars);
n is the difference between 60 and the number of monthly Instalment benefit payments which the beneficiary had received up to the time of his death;
is one-twelfth of the rate of interest expressed as a
percentage per annum used in the initial calculation
purposes of regulation 23B (3); and of the beneficiary's monthly instalment benefit for the
| 3228 | GOVERNMENT GAZETTE, WA | (29 June 1994 |
26
SCHEDULE 8
[Regulation 23C (2)]
CALCULATION OF DEATH BENEFIT AFTER PAYMENT OF
ANNUAL BENEFITS
The formula for calculating a lump sum death benefit in respect of a beneficiary who elected to receive an annual instalment benefit is —
DB = IB x 1 - v °
where —
dollars); DB is the death benefit to be determined (expressed in TB is (a) where an annual instalment benefit became payable to the beneficiary on the day on which he died, the amount of that instalment benefit
(expressed in dollars); or(b) benefit that would have been payable to the in any other case, the amount of the instalment beneficiary on the day on which he died if an annual instalment benefit had become payable to him on that day (expressed in dollars);
is the difference between 5 and the number of annual instalment benefit payments which the beneficiary had received up to the time of his death;
is the rate of interest expressed as a percentage per
annum used in the initial calculation of thebeneficiary's instalment benefit pursuant to
regulation 23B (4); and v= 1 1 +i
By His Excellency's Command,
D. G. BLIGHT, Clerk of the Council.
0
0
0