State Superannuation Amendment Act 2011 (WA)

Western Australia

State Superannuation Amendment Act 2011

Western Australia

State Superannuation Amendment Act 2011

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
Part 2 — *State Superannuation*

Amendment Act 2007 repealed

and related amendments

Division 1 — State Superannuation Amendment

Act 2007 repealed

4.	Act repealed	3
Division 2 — Provisions related to the repeal of

the State Superannuation Amendment

Act 2007

5.	Long title replaced	3
6.	Section 3 amended	3
7.	Part 3 heading deleted	4
8.	Part 3 Division 1 deleted	4
9.	Part 3 Division 2 heading deleted and Part 2
heading inserted	4
Part 2 — Government Employees Superannuation

Board

10.	Section 6 amended	5
11.	Section 7B amended	5
12.	Section 9 amended	5

State Superannuation Amendment Act 2011

Contents

13. Part 3 Division 3 heading deleted and Part 3

heading inserted

Part 3 — Government Employees Superannuation

Fund

14.	Section 14 amended	6
15.	Section 15 amended	6
16.	Part 3 Division 4 heading deleted and Part 4
heading inserted	6
Part 4 — Superannuation Schemes
17.	Section 29 amended	7
18.	Section 30 amended	7
19.	Part 3 Division 5 heading deleted and Part 5
heading inserted	7
Part 5 — Government guarantees and appropriation

of the Consolidated Account

20.	Section 31 amended	7
21.	Part 3 Division 6 heading deleted and Part 6
heading inserted	8
Part 6 — Miscellaneous
22.	Section 33B amended	8
23.	Section 34 amended	8
24.	Section 35 amended	8
25.	Section 36A inserted	10

36A.

Supplementary provision about laying

documents before Parliament

26.	Section 38 amended	10
27.	Section 40 amended	15
28.	Parts 4, 4A and 5 deleted	15
29.	Schedule 1 amended	15
30.	Schedule 2 amended	15
Part 3 — Amendments relating to the

Treasurer

31.	Various references to “Minister” amended	16
32.	Section 6 amended	16
33.	Section 7A amended	17
34.	Section 30 amended	17
35.	Section 33B amended	17
36.	Section 36 amended	17

State Superannuation Amendment Act 2011

Contents

37.	Section 37 deleted	18
38.	Schedule 1 amended	18
39.	Schedule 3 amended	18
Part 4 — Amendments relating to

administration and funding

40.	Section 6 amended	19
41.	Section 7 amended	19
42.	Section 11 amended	20
43.	Section 18 amended	21
44.	Section 19 amended	21
45.	Section 20A inserted	22

20A.

Reserves

46.

Section 22 replaced

22.

Allocation of earnings and costs

47.	Section 23 amended	24
48.	Section 24 amended	24
49.	Section 33 amended	24
Part 5 — Amendments to introduce

choice

50.	Part 2A inserted	27
Part 2A — Employer contribution obligation

4A.	Terms used	27
4B.	Employers to make contributions	28
4C.	Regulations may require extra
contributions	29

51.	Section 6 amended	29
52.	Section 15 amended	30
53.	Section 30 amended	30

Western Australia

State Superannuation Amendment Act 2011

No. 35 of 2011

An Act to amend the State Superannuation Act 2000.

[Assented to 12 September 2011]

The Parliament of Western Australia enacts as follows:

State Superannuation Amendment Act 2011

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the State Superannuation Amendment Act 2011.

2. Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Act amended

This Act, other than Part 2 Division 1, amends the State

Superannuation Act 2000.

State Superannuation Amendment Act 2011

State Superannuation Amendment Act 2007 repealed and

Part 2

related amendments

State Superannuation Amendment Act 2007 repealed

Division 1

s. 4

Part 2 — State Superannuation Amendment Act 2007 repealed and related amendments

Division 1 — State Superannuation Amendment

Act 2007 repealed

4. Act repealed

The State Superannuation Amendment Act 2007 is repealed.

Division 2 — Provisions related to the repeal of the State

Superannuation Amendment Act 2007

5. Long title replaced

Delete the long title and insert:

An Act to provide for superannuation contributions and superannuation schemes for and in respect of people working or formerly working in the public sector and for related purposes.

6. Section 3 amended

(1)

In section 3(1) delete the definitions of:

regulated superannuation fund

SIS Act

transfer time

West State Scheme

working day

(2)

In section 3(1) insert in alphabetical order:

benefit means a benefit paid or payable under a scheme, whether paid or payable as a lump sum, pension, allowance or annuity or in any other form;

State Superannuation Amendment Act 2011

Part 2

State Superannuation Amendment Act 2007 repealed and

related amendments

Division 2

Provisions related to the repeal of the State Superannuation

Amendment Act 2007

s. 7

Fund means the Government Employees

Superannuation Fund under section 14;

Member means a member of a scheme;

scheme, except in section 30, means a superannuation

scheme established or continued under this Act;

subsidiary means a body determined under

subsection (3) to be a subsidiary of the Board;

Treasurer’s guidelines means guidelines issued by the

Treasurer under section 33(2).

(3)

After section 3(2) insert:

(3)	Part 1.2 Division 6 of the Corporations Act applies for the purpose of determining whether a body is a subsidiary of the Board.

7. Part 3 heading deleted

Delete the heading to Part 3.

8. Part 3 Division 1 deleted

Delete Part 3 Division 1.

9. Part 3 Division 2 heading deleted and Part 2 heading inserted

Delete the heading to Part 3 Division 2 and insert:

Part 2 — Government Employees

Superannuation Board

State Superannuation Amendment Act 2011

State Superannuation Amendment Act 2007 repealed and

Part 2

related amendments

Provisions related to the repeal of the State Superannuation

Division 2

Amendment Act 2007

s. 10

10. Section 6 amended

(1)

Delete section 6(1)(a).

(2)

In section 6(1)(e)(i) delete “superannuation schemes

administered by the Board under this Part or any other written

law; and” and insert:

the schemes; and

11. Section 7B amended

(1)	In section 7B(2)(b) delete “Part; and” and insert:
Act; and
(2)	In section 7B(2)(c) delete “Part.” and insert:
Act.
(3)	In section 7B(4) delete “Part” and insert:
Act

12. Section 9 amended

(1)	In section 9(1) delete “Part.” and insert:
Act.

State Superannuation Amendment Act 2011

Part 2

State Superannuation Amendment Act 2007 repealed and

related amendments

Division 2

Provisions related to the repeal of the State Superannuation

Amendment Act 2007

s. 13

(2)	In section 9(2) delete “Part” and insert:
Act

13. Part 3 Division 3 heading deleted and Part 3 heading inserted

Delete the heading to Part 3 Division 3 and insert:

Part 3 — Government Employees

Superannuation Fund

14. Section 14 amended

Delete section 14(3) and (4).

15. Section 15 amended

In section 15(1)(a) delete “Part; and” and insert:

Act; and

16. Part 3 Division 4 heading deleted and Part 4 heading inserted

Delete the heading to Part 3 Division 4 and insert:

Part 4 — Superannuation Schemes

State Superannuation Amendment Act 2011

State Superannuation Amendment Act 2007 repealed and

Part 2

related amendments

Provisions related to the repeal of the State Superannuation

Division 2

Amendment Act 2007

s. 17

17. Section 29 amended

(1)	In section 29(1) delete “Part —” and insert:
Act —
(2)	Delete section 29(2).

18. Section 30 amended

In section 30(2)(a) delete “Part;” and insert:

Act; or

19. Part 3 Division 5 heading deleted and Part 5 heading inserted

Delete the heading to Part 3 Division 5 and insert:

Part 5 — Government guarantees and

appropriation of the Consolidated Account

20. Section 31 amended

In section 31(1)(b) delete “Part” and insert:

Act

State Superannuation Amendment Act 2011

Part 2

State Superannuation Amendment Act 2007 repealed and

related amendments

Division 2

Provisions related to the repeal of the State Superannuation

Amendment Act 2007

s. 21

21. Part 3 Division 6 heading deleted and Part 6 heading inserted

Delete the heading to Part 3 Division 6 and insert:

Part 6 — Miscellaneous

22. Section 33B amended

(1)

In section 33B(3) delete “section 78 —” and insert:

section 36A —

(2)

At the end of section 33B insert:

(5)	The text of a direction referred to in subsection (3) is to be included in the annual report submitted by the accountable authority of the Board under the Financial Management Act 2006 Part 5.

23. Section 34 amended

In section 34(1) delete “Part” and insert:

Act

24. Section 35 amended

Delete section 35(3) and insert:

(3)	Subject to subsections (5) and (6), a direction becomes effective on the expiry of 7 days after the Board

State Superannuation Amendment Act 2011

State Superannuation Amendment Act 2007 repealed and

Part 2

related amendments

Provisions related to the repeal of the State Superannuation

Division 2

Amendment Act 2007

s. 24

receives it or of such longer period as the Treasurer

may, at the Board’s request, determine.

(4)	If the Board asks the Treasurer to extend the 7 day period under subsection (3), the Treasurer must decide whether or not to agree to the request and notify the Board of that decision before the 7 day period has expired.
(5)	If a direction is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, it does not become effective
before it is confirmed under that section or the expiry of any extension of time notified under subsection (2).
(6)	Despite the Statutory Corporations (Liability of Directors) Act 1996 section 17(4), the Treasurer may, when confirming a direction under that section, extend the time for the direction to become effective and is to notify the Board of the extension.
(7)	The Treasurer must cause a copy of a direction to be laid before each House of Parliament or dealt with under section 36A —

(a)	within 14 days after the direction is given; or
(b)	if the direction is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, within 14 days after it is confirmed under that section.

(8)	The text of a direction is to be included in the annual report submitted by the accountable authority of the Board under the Financial Management Act 2006
Part 5.

State Superannuation Amendment Act 2011

Part 2

State Superannuation Amendment Act 2007 repealed and

related amendments

Division 2

Provisions related to the repeal of the State Superannuation

Amendment Act 2007

s. 25

25. Section 36A inserted

After section 35 insert:

36A.

Supplementary provision about laying documents

before Parliament

(1)	If a provision of this Act requires a person to cause a document to be laid before each House of Parliament or dealt with under this section within a period and —

(a)	at the commencement of the period, a House of Parliament is not sitting; and
(b)	the person is of the opinion that the House will not sit during that period,

the person must transmit a copy of the document to the

Clerk of that House.

(2)

A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.

(3)

The laying of a copy of a direction that is regarded as

having occurred under subsection (2) is to be recorded

in the Minutes, or Votes and Proceedings, of the House

on the first sitting day of the House after the Clerk

received the copy.

26. Section 38 amended

(1)

Before section 38(2) insert:

(1)	Subject to subsections (3) to (8), the Governor may make regulations prescribing all matters that are required or permitted by this Act or the State Superannuation (Transitional and Consequential

State Superannuation Amendment Act 2011

State Superannuation Amendment Act 2007 repealed and

Part 2

related amendments

Provisions related to the repeal of the State Superannuation

Division 2

Amendment Act 2007

s. 26

Provisions) Act 2000 section 26 to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2)	In section 38(2):

(a)	delete “section 79 but subject to this section,” and insert:

subsection (1),

(b)	delete “under section 79” and insert:

under subsection (1)

(3)

Delete section 38(3) and insert:

(3)	Regulations cannot be made under subsection (1) if they reduce the amount of a benefit that —

(a)	accrued or became payable before the regulations came into operation; or
(b)	is, or may become, payable in relation to a period before the regulations came into operation.

(4)	After section 38(4) insert:

(5A)	Regulations cannot be made under subsection (1) in relation to the superannuation schemes continued by section 29(1)(a), (b) or (c) unless —

(a)	the Board has certified that it is satisfied that the proposed regulations will not affect contributions or benefits; or

State Superannuation Amendment Act 2011

Part 2

State Superannuation Amendment Act 2007 repealed and

related amendments

Division 2

Provisions related to the repeal of the State Superannuation

Amendment Act 2007

s. 26

(b)	an actuary appointed by the Board has certified that the proposed regulations will not reduce, or have the same effect as reducing —

(i) in the case of a scheme continued by section 29(1)(a) or (b), the multiplying factor for any relevant benefit; or

(ii) in the case of the scheme continued by section 29(1)(c), the pension value factor for any Member of that scheme,

to less than it was immediately before

17 February 2001; or

(c)	any reduction of the kind referred to in paragraph (b) will apply only in respect of Members who have agreed with the Board that the reduction is to apply in the calculation of their benefit.

(5B)

In subsection (5A) and in this subsection —

multiplying factor, in relation to a relevant benefit,

means the components of the benefit formula by which

the Member’s salary is to be multiplied in order to

calculate the benefit;

pension value factor means —

(a)	the number of units that a Member may, or may become entitled to, acquire per dollar of the Member’s salary; or
(b)	the amount of the pension that will or may become payable in respect of each unit held by a Member;

relevant benefit means a benefit, or part of a benefit,

the amount of which was, immediately before

17 February 2001, calculated as a multiple of a

Member’s salary.

State Superannuation Amendment Act 2011

State Superannuation Amendment Act 2007 repealed and

Part 2

related amendments

Provisions related to the repeal of the State Superannuation

Division 2

Amendment Act 2007

s. 26

(5C)	Subsections (3) and (5A) do not apply in respect of regulations that reduce or provide for the reduction of a Member’s benefit if —

(a)	a superannuation agreement, flag lifting agreement or splitting order is in force in respect of the Member; and
(b)	the reduction does not reduce the Member’s benefit to less than the Member’s entitlement under the agreement or order.

(5D)

In subsection (5C) —

flag lifting agreement has the meaning given in the

Family Law Act 1975 (Commonwealth) section 90MD;

splitting order has the meaning given in the Family

Law Act 1975 (Commonwealth) section 90MD;

superannuation agreement has the meaning given in

the Family Law Act 1975 (Commonwealth)

section 90MD.

(5E)

Regulations under subsection (1) may permit the Board

to pay a pension or other benefit under the scheme

continued by section 29(1)(c) for the purpose of —

(a)

giving effect to a payment split; or

(b)

(Superannuation) Regulations 2001

satisfying the requirements of the Family Law entitlement in respect of a superannuation interest in the scheme.

(5F)

In subsection (5E) —

payment split has the meaning given in the Family Law

Act 1975 (Commonwealth) section 90MD;

superannuation interest has the meaning given in the

Family Law Act 1975 (Commonwealth) section 90MD.

State Superannuation Amendment Act 2011

Part 2

State Superannuation Amendment Act 2007 repealed and

related amendments

Division 2

Provisions related to the repeal of the State Superannuation

Amendment Act 2007

s. 26

(5)	In section 38(5):

(a)	delete “Regulations that —” and insert:

Regulations cannot be made under subsection (1),

unless they have been approved by the Treasurer, if

they —

(b)	in paragraph (a) delete “Part to the extent that” and insert:

Act and

(c)	in paragraph (b) delete “subsection (2)(j),” and insert:

subsection (2)(j).

(d)	delete “cannot be made unless they have been approved by the Treasurer.”.

(6)

Delete section 38(6) and insert:

(6)

Regulations that prescribe an authority, body or person

for the purposes of the definition of Employer in

section 3 may specify as the day on which they come

into operation a day that is earlier than the day on

which they are published in the Gazette.

(7)

Regulations of the kind referred to in subsection (6) cannot be made if they will or may affect a person, except the Crown or an Employer, by —

(a)	prejudicing rights that existed before the regulation was published; or

State Superannuation Amendment Act 2011

State Superannuation Amendment Act 2007 repealed and

Part 2

related amendments

Provisions related to the repeal of the State Superannuation

Division 2

Amendment Act 2007

s. 27

(b)	imposing liabilities in respect of anything that occurred before the regulation was published.

(7)	In section 38(8) delete “section 37 or”.
(8)	Delete section 38(9) and (10).

27. Section 40 amended

In section 40 delete “this Part and the regulations referred to in

section 38” and insert:

this Act and the regulations made or applying under it

28. Parts 4, 4A and 5 deleted

Delete Parts 4, 4A and 5.

29. Schedule 1 amended

In Schedule 1 clause 6(2)(e) delete “Part 3; or” and insert:

this Act; or

30. Schedule 2 amended

In Schedule 2 clause 1 delete “Part 3.” and insert:

this Act.

State Superannuation Amendment Act 2011

Part 3	Amendments relating to the Treasurer
s. 31

Part 3 — Amendments relating to the Treasurer

31. Various references to “Minister” amended

In the provisions listed in the Table delete “Minister” (each

occurrence) and insert:

Treasurer

Table

s. 3 def. of *actuary*	s. 7A(1) and (3)
s. 7B(5)	s. 8(1)(a)
s. 33B(1) and (3)	s. 34(1)
s. 35(1) and (2)	s. 36(1), (2), (3) and (4) def. of *information*
Sch. 1 cl. 1(1)	Sch. 1 cl. 1(2)
Sch. 1 cl. 2(1)	Sch. 1 cl. 2(2)
Sch. 1 cl. 6(1)(b) and (d)	Sch. 1 cl. 6(2)
Sch. 1 cl. 6(3)	Sch. 1 cl. 6(4)
Sch. 2 cl. 11(2)	Sch. 2 cl. 12(3)
Sch. 3 cl. 2(2)	Sch. 3 cl. 3(3)

Note:	The heading to amended section 35 is to read:
Treasurer may give directions to Board

32. Section 6 amended

In section 6(1)(d) delete “the Minister and”.

State Superannuation Amendment Act 2011

Amendments relating to the Treasurer	Part 3
s. 33

33. Section 7A amended

Delete section 7A(2).

34. Section 30 amended

(1)	In section 30(1) delete “Minister and the Treasurer have” and insert:
Treasurer has
(2)	In section 30(2) delete “Minister and the Treasurer have” and insert:
Treasurer has
(3)	In section 30(3) delete “Minister and the”.

35. Section 33B amended

(1)	In section 33B(2)(d) delete “Board, the Minister” and insert:
Board
(2)	Delete section 33B(4).

36. Section 36 amended

In section 36(1) delete “Minister’s” and insert:

Treasurer’s

Note:

The heading to amended section 36 is to read:

Treasurer to have access to information

State Superannuation Amendment Act 2011

Part 3	Amendments relating to the Treasurer
s. 37

37. Section 37 deleted

Delete section 37.

38. Schedule 1 amended

In Schedule 1 clause 7 delete “Minister” and insert:

Treasurer

39. Schedule 3 amended

In Schedule 3 clause 1 in the definition of prior approval delete

“Minister given with the Treasurer’s concurrence.” and insert:

Treasurer.

State Superannuation Amendment Act 2011

Amendments relating to administration and funding	Part 4
s. 40

Part 4 — Amendments relating to administration

and funding

40. Section 6 amended

In section 6(1):

(a)	in paragraph (c) delete “schemes; and” and insert:

schemes or, in accordance with any relevant

Treasurer’s guidelines, select and appoint

external administrators of the schemes and

monitor their administration; and

(b)

after paragraph (d) insert:

(ea)	so far as practicable, provide information to Members regarding their rights and entitlements under the schemes; and

(c)

in paragraph (f) after “under” insert:

this Act or

41. Section 7 amended

In section 7(2):

(a)	in paragraph (b) before “enter” insert:

in accordance with any relevant Treasurer’s guidelines,

(b)	in paragraph (c) before “enter” insert:

in accordance with any relevant Treasurer’s guidelines,

State Superannuation Amendment Act 2011

Part 4	Amendments relating to administration and funding
s. 42

(c)	in paragraph (ca) delete “subsidiary for the purpose of performing the function referred to in section 6(1)(e); and” and insert:

subsidiary; and

42. Section 11 amended

(1)

In section 11(2) delete “Board.” and insert:

Board on the advice of the Public Sector Commissioner.

(2)

After section 11(2) insert:

(3)

If the Board appoints an external administrator to

conduct the administration of a scheme or schemes and

in connection with that appointment the external

administrator makes an offer of employment to a

person appointed or employed by the Board under

subsection (1) or (2) (a Board officer), the Board may

enter into an agreement with the Board officer on terms

approved by the Public Sector Commissioner providing

for —

(a)	in the case of a Board officer who is a permanent public service officer appointed or employed under subsection (1) —

(i) the right of the Board officer, during a stated period, to resume appointment or employment under subsection (1); and

(ii) the making by the Board of a payment to the Board officer if the offer of employment is accepted and the right of election under subparagraph (i) expires without being exercised;

State Superannuation Amendment Act 2011

Amendments relating to administration and funding	Part 4
s. 43

and

(b)	in the case of any other Board officer, the making by the Board of a payment to the Board officer if the offer of employment is accepted.

43. Section 18 amended

(1)	Delete section 18(2).
(2)	In section 18(3) —

(a)	in paragraph (b) delete “investment,” and insert:

investment.

(b)	delete “as it considers appropriate.”.

44. Section 19 amended

(1)

In section 19(1) delete “and give effect to a broad investment

strategy for the investment of ” and insert:

a strategy for

(2)

After section 19(1) insert:

(2A)	The Board’s investment strategy for the Fund is to be consistent with any relevant Treasurer’s guidelines.

(3)

In section 19(2) delete “and in making investment decisions the

Board is to endeavour to optimize returns having” and insert:

the Board is to have

State Superannuation Amendment Act 2011

Part 4	Amendments relating to administration and funding
s. 45

(4)	In section 19(3):

(a)	in paragraph (a) delete “broad”;
(b)	delete “the Treasurer’s” and insert:

any relevant Treasurer’s

(5)

After section 19(3) insert:

(4)	In exercising its powers under section 18 the Board is to —

(a)	act in accordance with any relevant Treasurer’s guidelines; and
(b)	act so as to give effect to its investment strategy.

Note:	The heading to amended section 19 is to read:
Exercise of investment powers

45. Section 20A inserted

After section 19 insert:

20A.

Reserves

(1)

The Board may maintain reserves within the Fund.

(2)

The Board is to formulate a reserving strategy for the

Fund.

(3)

The Board’s reserving strategy for the Fund is to be

consistent with —

(a)	the Board’s capacity to discharge the liabilities of the Fund, actual and contingent, as they fall due; and

State Superannuation Amendment Act 2011

Amendments relating to administration and funding	Part 4
s. 46

(b) any relevant Treasurer’s guidelines.

(4)

The Board is to review its reserving strategy from time

to time in accordance with any relevant Treasurer’s

guidelines.

(5)

In exercising its power under subsection (1) the Board

is to —

(a)	act in accordance with any relevant Treasurer’s guidelines; and
(b)	act so as to give effect to the Fund reserving strategy.

46. Section 22 replaced

Delete section 22 and insert:

22. Allocation of earnings and costs

(1)	The Board is to allocate —

(a)	earnings derived from the investment of the Fund; and
(b)	the costs of managing and administering the Fund and the schemes,

between the schemes and where appropriate between

Members.

(2)	In allocating earnings and costs under subsection (1) the Board is to —

(a)	ensure compliance with any relevant guidelines; and
(b)	otherwise act in accordance with section 6(2).

State Superannuation Amendment Act 2011

Part 4	Amendments relating to administration and funding
s. 47

47. Section 23 amended

In section 23(2) delete “the Treasurer’s” and insert:

any relevant Treasurer’s

48. Section 24 amended

In section 24(1)(c) delete “the Treasurer’s” and insert:

any relevant Treasurer’s

49. Section 33 amended

(1)	In section 33(2):

(a)	delete “may issue” and insert:

may, after consulting the Board, issue

(b)

before paragraph (a) insert:

(aa)	the exercise by the Board of its powers under section 6(1)(c) to select and appoint external administrators of the schemes and monitor their

administration; and

(c)

after paragraph (b) insert:

(ca)	the exercise by the Board of its powers under section 7(2)(b) and (c); and

State Superannuation Amendment Act 2011

Amendments relating to administration and funding	Part 4
s. 49

(d)	in paragraph (d) delete “making of investments” and insert:

exercise of the Board’s powers

(e)

after paragraph (e) insert:

(fa)	the formulation and review of an investment strategy under section 19; and

(f)

after paragraph (f) insert:

(ga)	the maintenance of reserves and the formulation and review of a reserving strategy under section 20A; and

(g)

in paragraph (g) after “earnings” insert:

and costs of managing and administering the

Fund and the schemes

(2)	After section 33(3) insert:

(4A)	Where guidelines are issued under subsection (2), the Treasurer is to —

(a)	publish notice of the guidelines in the Gazette within 21 days of the issue; and
(b)	make and, for so long as they remain current, keep the guidelines accessible on or through a website maintained by the Department.

State Superannuation Amendment Act 2011

Part 4	Amendments relating to administration and funding
s. 49

(4B)

In subsection (4A) —

Department means the department of the Public

Service principally assisting in the administration of

this Act.

State Superannuation Amendment Act 2011

Amendments to introduce choice	Part 5
s. 50

Part 5 — Amendments to introduce choice

50. Part 2A inserted

After section 4 insert:

Part 2A — Employer contribution obligation

4A.

Terms used

(1) In this Part —

chosen fund means a fund chosen by an employee in

accordance with the SGA Act Part 3A Division 4;

default fund means —

(a)	in relation to an employee who is not an exempt employee, a fund prescribed by the regulations as the default fund for that employee; and
(b)	in relation to an exempt employee, a fund named by the Employer of that employee, with the approval of the Treasurer, as the default fund for that employee;

employee has the meaning given in the SGA Act

section 12;

exempt employee means an employee for whom an Employer, in accordance with section 30(1) or (2), makes or may make superannuation contributions to a

fund that is not a scheme under this Act;

fund has the meaning given in the SGA Act

section 32E;

individual superannuation guarantee shortfall has the

meaning given in the SGA Act section 19;

SGA Act means the Superannuation Guarantee

(Administration) Act 1992 (Commonwealth);

State Superannuation Amendment Act 2011

Part 5

Amendments to introduce choice

s. 50

superannuation guarantee charge means the charge

imposed by the Superannuation Guarantee Charge

Act 1992 (Commonwealth).

(2)	For the purposes of this Part an employee is to be regarded as an employee of the person or body prescribed by the regulations for that employee.

4B.

Employers to make contributions

(1)

An Employer must make superannuation contributions

such that the Employer will avoid incurring an

individual superannuation guarantee shortfall for any

of its employees.

(2)

Where subsection (1) requires an Employer to make

contributions for an employee, the Employer must pay

the contributions to —

(a)	a chosen fund for the employee; or
(b)	if at the time the contribution is paid there is no chosen fund for the employee, the default fund.

(3)

Except as prescribed in the regulations, an Employer

must comply with the requirements of the SGA Act

Part 3A Division 6, even if it is not required by that Act

to do so.

(4)

If an Employer becomes liable to pay the

superannuation guarantee charge as a result of

incurring an individual superannuation guarantee

shortfall for an employee for a period, the Employer

has no obligation under subsection (1) to make

contributions in respect of that employee for that

period.

(5)

This section does not apply in relation to an employee

who is in a class of employees prescribed by the

regulations.

State Superannuation Amendment Act 2011

Amendments to introduce choice	Part 5
s. 51

4C.

Regulations may require extra contributions

(1)

Subject to subsection (2), the regulations may require

an Employer to make superannuation contributions

which exceed any contributions the Employer is

required to make under section 4B or any other written

law.

(2)

Regulations which require an Employer to make

contributions to a fund must either —

(a)	specify the amount or rate of contributions to be made; or
(b)	specify the way in which the amount or rate of contributions is to be determined, in which case the regulations must provide that the determination of the rate or amount of contributions is to be subject to the approval of the Treasurer.

51. Section 6 amended

After section 6(1)(a) insert:

(ba)	if so agreed with the Treasurer, provide a service of receiving superannuation contributions paid by Employers and —

(i) crediting them to the Fund; or

(ii) remitting them on behalf of the Employers to other funds,

in accordance with Part 2A; and

State Superannuation Amendment Act 2011

Part 5	Amendments to introduce choice
s. 52

52. Section 15 amended

After section 15(2)(a) insert:

(aa)	amounts transferred from the Fund to other superannuation funds; and

53. Section 30 amended

(1)

In section 30(2) delete “and only if the Minister and the

Treasurer have” and insert:

the Treasurer has

(2)

After section 30(2) insert:

(3A)	An Employer may make superannuation contributions in accordance with section 4B(2) for persons who work for the Employer to a superannuation fund or scheme other than —

(a)	a scheme under this Act; or
(b)	a superannuation scheme or fund established in accordance with subsection (1); or
(c)	a superannuation scheme or fund established before 28 December 1989.