State Superannuation Amendment Regulations 2006 (WA)

PRINT POST APPROVED PP665002/00041

WESTERN	1915
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X

PERTH, FRIDAY, 26 MAY 2006 No. 91 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM

© STATE OF WESTERN AUSTRALIA

STATE SUPERANNUATION ACT 2000

_________

STATE SUPERANNUATION

AMENDMENT

REGULATIONS 2006

26 May 2006 GOVERNMENT GAZETTE, WA 1917

State Superannuation Act 2000

State Superannuation Amendment

Regulations 2006

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the State Superannuation Amendment
Regulations 2006.

2.             The regulations amended

The amendments in these regulations are to the State
Superannuation Regulations 2001*.

[* Reprint 2 as at 2 September 2005.

For amendments to 4 May 2006 see Gazette 31 March 2006.]

1918 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 2	Phased retirement
r. 3

Part 2 — Phased retirement

3.             Regulation 3 amended

(1) Regulation 3(1) is amended by inserting in the appropriate
alphabetical position —
“

“phased retirement benefit” means a benefit from a

superannuation fund that is only payable if it is
paid as a benefit of a kind referred to in Schedule 1

item 109A column 3 of the SIS Regulations;

”.

(2) Regulation 3(2) is repealed and the following subregulation is
inserted instead —

“

(2) In these regulations a reference to a benefit that is
immediately payable to a person does not include —

(a)	a phased retirement benefit; or
(b)	a benefit that is payable —

(i)      from another scheme in circumstances where, if the SIS Regulations applied, the benefit would be payable; or

(ii)      from another superannuation fund,

because the person has satisfied a condition of
release in respect of which there is a cashing
restriction that precludes the transfer of that

benefit to the Fund.

”.

4.             Regulation 50 amended

Regulation 50(1) is amended in the definition of “protected
amount” by deleting “regulation 79A —” and inserting
instead —

“ regulations 79A and 79B — ”.

26 May 2006 GOVERNMENT GAZETTE, WA 1919

State Superannuation Amendment Regulations 2006

Phased retirement Part 2

r. 5

5.             Regulation 76 amended

Regulation 76(1) is amended by deleting “regulations 79 and
79A” and inserting instead —

“ regulations 79, 79A and 79B ”.

6.             Regulation 79B inserted

After regulation 79A the following regulation is inserted —

“

79B. Early release of benefit — phased retirement

(1)	A West State Super Member who is at least 55 years of age may request the Board to transfer all or part of the balance of the Member’s benefit account to another scheme or superannuation fund for the purpose of providing a phased retirement benefit for the Member and the Board is to comply with that request.
(2)	If a Member who transfers an amount under this regulation was a West State Super Member on 30 June 2001 —

(a)	the Member’s protected amount is taken to be reduced, on the day on which the amount is transferred, by the amount transferred; and
(b)	on and after that day, the interest under paragraph (a)(ii) of the definition of “protected amount” in regulation 50(1) is to be calculated on the basis of that reduced amount.

”.

7.             Regulation 172 amended

(1) Regulation 172(1) is amended by deleting “or West State Super
Member” and “or the West State Super Scheme”.

1920 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 2	Phased retirement
r. 8

(2) After regulation 172(1) the following subregulation is
inserted —

“

(1a) A West State Super Member may apply to become a
Retirement Income Member if the Member —

(a)	is entitled to immediate payment of a benefit from the West State Super Scheme; or
(b)	at the same time requests the Board to transfer a benefit under regulation 79B to the Retirement Income Scheme.

”.

(3) Regulation 172(3a) is repealed and the following subregulation
is inserted instead —

“

(3a) A former member, or a person who is or was a partner
of a former member, may apply to become a
Retirement Income Member if the person is entitled
to —

(a) immediate payment of —

(i)      a benefit from a superannuation fund; or

(ii)      any other eligible termination payment;

or

(b) payment of a phased retirement benefit.

”.

8.             Regulation 175 amended

Regulation 175(2) is amended as follows:

(a)	after paragraph (a) by deleting “or”;
(b)

at the end of paragraph (b) by deleting the full stop and “

; or

(c) a phased retirement benefit.

”.

26 May 2006 GOVERNMENT GAZETTE, WA 1921

State Superannuation Amendment Regulations 2006

Phased retirement Part 2

r. 9

9.             Regulation 176 amended

Regulation 176(1) is amended as follows:

(a)	after paragraph (a) by deleting “or”;
(b)

at the end of paragraph (b) by deleting the full stop and “

; or

(c) a phased retirement benefit.

”.

10.           Regulation 177 amended

Regulation 177(1)(b) is amended as follows:

(a)	after subparagraph (i) by deleting “or”;
(b)	at the end of subparagraph (ii) by deleting the full stop and inserting instead —

“

; or

(iii)      a phased retirement benefit.

”.

11.           Regulation 192 amended

(1) Regulation 192(1) is amended by inserting after “account” —
“

and, subject to subregulation (3), the Board is to

comply with that request

”.

(2) Regulation 192(3) is repealed and the following subregulation is
inserted instead —

“

(3) If a Member’s benefit in the Retirement Income
Scheme is a phased retirement benefit, the Board must

1922 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 2	Phased retirement
r. 12
not pay or transfer any of that benefit or earnings on it, under this regulation unless —

(a)	the Member has satisfied a condition of release;
(b)	the benefit is transferred to another scheme or superannuation fund the rules of which prevent the cashing, commutation or transfer of the benefit unless —

(i)      the Member has satisfied a condition of release; or

(ii) superannuation fund the rules of which

the benefit is transferred to another effect as this subregulation;

or

(c) the benefit is to be used to pay contributions tax and is paid to the Member for payment to the Commonwealth Commissioner of Taxation.

”.

12.           Regulation 196B amended

Regulation 196B(1) is amended by deleting from “entitled to
immediate payment” to the end of the subregulation and
inserting instead —
“

entitled to —

(e)	immediate payment of a benefit from another scheme or another superannuation fund;
(f)	immediate payment of any other eligible termination payment; or
(g)	payment of a phased retirement benefit.

”.

26 May 2006 GOVERNMENT GAZETTE, WA 1923

State Superannuation Amendment Regulations 2006

Phased retirement Part 2

r. 13

13.           Regulation 196D amended

Regulation 196D(2) is amended as follows:

(a)	after paragraph (a) by deleting “or”;
(b)

at the end of paragraph (b) by deleting the full stop and “

; or

(c) a phased retirement benefit payable to the person.

”.

14.           Regulation 196S amended

(1)	Regulation 196S(2) is amended by deleting “subregulation (3),” and inserting instead —
“ subregulations (3) and (3a), ”.
(2)	Regulation 196S(3) is amended by deleting “commute” and inserting instead —
“ pay or transfer ”.
(3)	After regulation 196S(3) the following subregulation is inserted —

“

(3a) If a Member’s benefit in the Term Allocated Pension
Scheme is a phased retirement benefit, the Board must
not pay or transfer any of that benefit or earnings on it,
under subregulation (2)(a) or (d) unless —

(a) the Member has satisfied a condition of release; or

1924 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 2	Phased retirement
r. 14
(b) the commuted amount is transferred to another scheme or superannuation fund the rules of which prevent the cashing, commutation or transfer of the amount unless —

(i)      the Member has satisfied a condition of release; or

(ii) superannuation fund the rules of which

the amount is transferred to another effect as this subregulation.

”.

26 May 2006 GOVERNMENT GAZETTE, WA 1925

State Superannuation Amendment Regulations 2006

Other amendments Part 3

Access to preserved contributory benefits Division 1
r. 15

Part 3 — Other amendments

Division 1 — Access to preserved contributory benefits

15.           Schedule 3 amended

After Schedule 3 clause 43 the following clause is inserted —

“

43A. Preserved benefits for former contributory members

(1) A continuing West State Super Member who —

(a)	was formerly a contributory member under the GES Act;
(b)	before 28 September 1993, terminated his or her contributory membership under section 19A of that Act; and
(c)	as a result of that termination became entitled to a deferred benefit under section 35(1)(b) of that Act,

may apply to the Board to crystallise that deferred benefit.

(2) On receipt by the Board of an application under
subclause (1) —

(a)	the Board is to calculate the amount of the deferred benefit as if the Member has ceased to be an employee on the date the application is received by the Board; and
(b)	the Member —

(i)      ceases to be entitled to the deferred benefit referred to in subclause (1)(c); and

(ii)      becomes entitled to a preserved benefit of an amount equal to the amount calculated under paragraph (a).

1926 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 3	Other amendments
Division 2	Gold State: change of contribution rate
r. 16

(3) Part 2 Division 5 applies to a benefit referred to in
subclause (2)(b)(ii) as if the Member were a Gold State
Super Member and became entitled to the benefit under
regulation 44.

”.

Division 2 — Gold State: change of contribution rate

16.           Regulation 33 amended

(1) Regulation 33(3) is repealed and the following subregulation is
inserted instead —

“

(3) A Member’s selection takes effect from the beginning of the next contribution period after the Board receives the notice of the selection.

”.

(2) Regulation 33(4) and (8) are repealed.

Division 3 — Interest

17.           Regulation 35 amended

Regulation 35(6)(b) is amended by inserting after “rate” —

“ (which may be zero) ”.

18.           Regulation 46 amended

Regulation 46(a) is deleted and the following paragraph is
inserted instead —

“

(a) at a rate equal to —

(i)      if the Member is under 55 years of age, the CPI rate plus 1%; or

26 May 2006 GOVERNMENT GAZETTE, WA 1927

State Superannuation Amendment Regulations 2006

Other amendments Part 3

West State preserved benefits Division 4
r. 19

(ii)      if the Member is 55 years of age or older, the CPI rate plus 2%;

”.

19.           Regulation 243 amended

Regulation 243(a) is deleted and the following paragraph is
inserted instead —

“

(a) at a rate equal to —

(i)      for any part of the benefit consisting of an amount equal to the balance of the Member’s accumulation account, the Member’s earning rate; or

(ii)      for any other part of the benefit, the CPI rate plus 2%;

”.

Division 4 — West State preserved benefits

20.           Regulation 76 amended and transitional

(1) Regulation 76(4) is repealed and the following subregulation is
inserted instead —

“

(4) If a West State Super Member’s preserved benefit is
less than $200 it is taken not to be a preserved benefit.

”.

(2) If a preserved benefit of less than $200 has not been paid
because of the operation of regulation 76(4) (as in force before
this regulation came into operation), the benefit ceases to be a
preserved benefit when this regulation comes into operation
even if, at that time, the benefit plus interest on it, is or
exceeds $200.

1928 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 3	Other amendments
Division 5	West State membership
r. 21

21.           Regulation 79 amended

Regulation 79(2) is repealed and the following subregulation is
inserted instead —

“

(2) If a request under subregulation (1) relates to a
preserved benefit, the amount to be transferred is the
amount of the benefit plus interest under regulation 78,
discounted to the extent that the Board, on the advice
of an actuary, considers appropriate.

”.

Division 5 — West State membership

22.           Regulation 51 amended

(1) Regulation 51(2)(b) is amended by inserting after “Pension
Scheme Member” —

“

(other than a person who has determined his or
her pension under section 60AA of the

Superannuation and Family Benefits Act 1938)

”.

(2) Regulation 51(2)(c) and “or” after it are deleted and the
following is inserted instead —

“

(c) holds a pensionable office as defined in section 2(4) of the Judges’ Salaries and Pensions Act 1950; or

”.

(3) After regulation 51(4) the following subregulation is inserted —

“

(5) If a worker was excluded from becoming a statutory
Member by subregulation (2), (3) or (4) and that
exclusion ceases to apply to the worker, he or she

26 May 2006 GOVERNMENT GAZETTE, WA 1929

State Superannuation Amendment Regulations 2006

Other amendments	Part 3
Miscellaneous	Division 6 r. 23

becomes a statutory Member on the day that exclusion

ceases to so apply.

”.

Division 6 — Miscellaneous

23.           Regulation 3 amended

(1) Regulation 3(1) is amended by inserting in the appropriate
alphabetical positions —
“

“accumulation account” means —

(a)	for a West State Super Member, the Member’s benefit account (as defined in regulation 50);
(b)

for a Retirement Income Member, the defined in regulation 171);

(c)	for a Term Allocated Pension Member, the Member’s term allocated pension account (as defined in regulation 196A); and
(d)

for a Retirement Access Member, the defined in regulation 201);

“condition of release” means a condition of release

specified in the SIS Regulations, Schedule 1;

“contributions tax” means tax imposed by the

Superannuation Contributions Tax Imposition Act 1997 or Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Imposition Act 1997 of the

Commonwealth;

”.

(2) Regulation 3(1) is amended in the definition of “CPI rate” by
deleting “lesser” and inserting instead —

1930 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 3	Other amendments
Division 6	Miscellaneous
r. 24

“ greater ”.

(3) After regulation 3(2) the following subregulation is inserted —

“

(3) In these regulations a person is taken to have satisfied a
condition of release if the event specified in the
condition has occurred in relation to the person.

”.

24.           Regulation 47A amended

Regulation 47A(7)(b) and “or” after it are deleted and the
following is inserted instead —

“

(b) the reduction by a specified amount of the multiple of final remuneration used to calculate the benefit; or

”.

25.           Regulations 49A, 81A and 196S amended

Regulations 49A(6), 81A(6) and 196S(4) are amended by
deleting the definition of “contributions tax”.

26.           Regulation 52 amended

Regulation 52(3) and (4) are repealed.

27.           Regulation 64A amended

Regulation 64A(3) is amended by deleting “married or are
de facto”.

28.           Regulation 79A amended

Regulation 79A(1) is amended by deleting “Member’s
benefit —” and inserting instead —

“ balance in the Member’s benefit account — ”.

26 May 2006 GOVERNMENT GAZETTE, WA 1931

State Superannuation Amendment Regulations 2006

Other amendments	Part 3
Miscellaneous	Division 6 r. 29

29.           Schedule 1 amended

Schedule 1 Division 1 item 32 is amended by deleting
“WorkSafe Western Australia Commission” and inserting
instead —
“

Commission for Occupational Safety and Health

(WorkSafe W A)

”.

1932 GOVERNMENT GAZETTE, WA 26 May 2006

State Superannuation Amendment Regulations 2006

Part 4	Pension Scheme — commutation by widowers
r. 30

Part 4 — Pension Scheme — commutation
by widowers

30. Superannuation and Family Benefits Act 1938 amended and transitional

(1)	The amendments in this regulation are to the Superannuation and Family Benefits Act 1938* as continued in force by section 26 of the State Superannuation (Transitional and Consequential Provisions) Act 2000**.
[* Reprinted as at 20 July 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 442.]

[** Act No. 43 of 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 428.]

(2) After section 60D(3b) the following subsection is inserted —

“

(3c) A person who becomes the widower of a contributor or
pensioner may, within 6 months after the death of the
contributor or pensioner, elect to commute the whole or
any part of the Fund share of the widower’s pension to
an equivalent entitlement by way of a lump sum
payment.

”.

(3) If a person became entitled to a widower’s pension before this
regulation came into operation (the “commencement day”)
section 60D(3c) (as inserted by subregulation (2)) applies in
relation to that person as if the contributor or pensioner had died
on the commencement day.

26 May 2006 GOVERNMENT GAZETTE, WA 1933

State Superannuation Amendment Regulations 2006

Certified under section 38(4)(b) of the Act —

DAVID KNOX, Actuary appointed by the Board.

Date: 15/5/06.

————

Approved under section 38(5)(a) of the Act —

ERIC RIPPER, Treasurer.

Date: 17/5/06.

————

By Command of the Governor,

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

———————————

!200600091GG!