State Superannuation Amendment Regulations 2007 (WA)
!200700076GG!
WESTERN 1577 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 13 APRIL 2007 No. 76 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM
© STATE OF WESTERN AUSTRALIA
STATE SUPERANNUATION ACT 2000
_________
STATE SUPERANNUATION
AMENDMENT
REGULATIONS 2007
13 April 2007 GOVERNMENT GAZETTE, WA 1579
State Superannuation Act 2000
State Superannuation Amendment
Regulations 2007
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the State Superannuation Amendment
Regulations 2007.
2. Commencement
(1) Subject to this regulation, these regulations come into operation
on the day on which they are published in the Gazette.(2) Regulation 70(2) is taken to have come into operation on
1 January 2007.(3) Regulation 70(3) is taken to have come into operation on
9 April 2006.(4) Regulation 70(4) is taken to have come into operation on
1 July 2006.(5) Regulation 70(5) is taken to have come into operation on
1 July 2002.
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Part 1 Preliminary r. 3
(6) Regulation 70(6) is taken to have come into operation on
31 July 2006.3. The regulations amended
The amendments in these regulations, other than Part 3, are to
the State Superannuation Regulations 2001*.[* Reprint 2 as at 2 September 2005. For amendments to 15 December 2006 see Gazette
31 March, 26 May and 21 July 2006 and Act No. 43 of 2006.]
13 April 2007 GOVERNMENT GAZETTE, WA 1581 State Superannuation Amendment Regulations 2007
Amendments State super schemes Part 2
TAP: Pension period Division 1
r. 4
Part 2 — Amendments State super schemes
Division 1 — TAP: Pension period
4. Regulation 196P amended
(1) Regulation 196P(2)(b) is deleted and the following paragraph is
inserted instead —“
(b) not more than the greater of — (i) what would be the Member’s life expectancy if he or she were 5 years younger; and
(ii) 100 minus the Member’s current age (in years).
”.
(2) Regulation 196P(3)(e) is deleted and the following paragraph is
inserted instead —“
(e) not more than the greater of — (i) what would be the partner’s life expectancy if he or she were 5 years younger; and
(ii) 100 minus the partner’s current age (in years).
”.
Division 2 — RI, TAP: Quarterly payment dates
5. Regulation 171 amended
Regulation 171 is amended in the definition of “pension day”, in
paragraph (b), by deleting “January, April, July and October;”
and inserting instead —“
each of the 4 months selected by the Member
under regulation 189(1)(aa);
”.
1582 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 2 RI, TAP: Quarterly payment dates r. 6 6. Regulation 189 amended
After regulation 189(1)(a) the following is inserted —
“
(aa) if the Member selects quarterly payments, whether the payments are to be made in — (i) January, April, July and October; or
(ii) February, May, August and November; or
(iii) March, June, September and December;
and
”.
7. Regulation 196A amended
Regulation 196A is amended in the definition of “pension day”,
in paragraph (b), by deleting “January, April, July and
October;” and inserting instead —“
each of the 4 months selected by the Member
under regulation 196Q(1)(aa);
”.
8. Regulation 196Q amended
After regulation 196Q(1)(a) the following is inserted —
“
(aa) if the Member selects quarterly payments, whether the payments are to be made in — (i) January, April, July and October; or
(ii) February, May, August and November; or
13 April 2007 GOVERNMENT GAZETTE, WA 1583 State Superannuation Amendment Regulations 2007
Amendments State super schemes Part 2
RI, RA, TAP: Membership Division 3
r. 9
(iii) March, June, September and December;
and
”.
Division 3 — RI, RA, TAP: Membership
9. Regulation 172 amended
Regulation 172(1) to (3a) are repealed and the following
subregulations are inserted instead —
“
(1) A person listed in subregulation (2) may apply to
become a Retirement Income Member if he or she is
entitled to —
(a) immediate payment of a lump sum benefit from fund; or
(b)
immediate payment of any other eligible termination payment; or
(c) payment of a phased retirement benefit.
(2) A person may apply under subregulation (1) if he or
she is —(a) a Member; or
(b)
a Pension Scheme Member or a Provident Scheme Member; or
(c)
in receipt of, or entitled to receive, a pension under the Pension Scheme; or
(d) a former member; or
(e)
a partner or former partner of a person mentioned in paragraphs (a) to (d).
”.
1584 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 3 RI, RA, TAP: Membership r. 10 10. Regulation 175 amended
Regulation 175(1) is amended by deleting “, lump sum or
eligible termination payment (as the case requires) referred to in
regulation 172.” and inserting instead —
“or eligible termination payment referred to in
regulation 172(1).
”.
11. Regulation 196B amended
Regulation 196B(1) is repealed and the following
subregulations are inserted instead —
“
(1) A person listed in subregulation (1a) may apply to
become a Term Allocated Pension Member if he or she
is entitled to —
(a) immediate payment of a lump sum benefit from fund; or
(b)
immediate payment of any other eligible termination payment; or
(c) payment of a phased retirement benefit.
(1a) A person may apply under subregulation (1) if he or
she is —(a) a Member; or
(b)
a Pension Scheme Member or a Provident Scheme Member; or
(c)
in receipt of, or entitled to receive, a pension under the Pension Scheme; or
(d) a former member; or
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Amendments State super schemes Part 2
RI, RA, TAP: Membership Division 3
r. 12
(e)
a Term Allocated Pension Member applying for a second or subsequent term allocated pension; or
(f)
a partner or former partner of a person mentioned in paragraphs (a) to (e).
”.
12. Regulation 196D amended
Regulation 196D(1) is amended by deleting “, lump sum or
eligible termination payment referred to in regulation 196B.”
and inserting instead —
“or eligible termination payment referred to in
regulation 196B(1).
”.
13. Regulation 202 amended
Regulation 202(1) to (2b) are repealed and the following
subregulations are inserted instead —
“
(1) A person listed in subregulation (2) may apply to
become a Retirement Access Member if he or she is
entitled to —
(a) immediate payment of a lump sum benefit from fund; or
(b)
immediate payment of any other eligible termination payment.
(2) A person may apply under subregulation (1) if he or
she is —(a) a Member; or
(b)
a Pension Scheme Member or a Provident Scheme Member; or
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Part 2 Amendments State super schemes Division 4 Contributions, accounts and investments r. 14
(c)
in receipt of, or entitled to receive, a pension under the Pension Scheme; or
(d) a former member; or
(e)
a partner or former partner of a person mentioned in paragraphs (a) to (d).
”.
14. Regulation 204 amended
Regulation 204(1) is amended by deleting “, lump sum or
eligible termination payment (as the case requires) referred to in
regulation 202.” and inserting instead —
“or eligible termination payment referred to in
regulation 202(1)(b).
”.
Division 4 — Contributions, accounts and investments
15. Regulation 3 amended
Regulation 3(1) is amended by inserting in the appropriate
alphabetical position —
““Commonwealth payment” means a payment from
the Commonwealth Commissioner of Taxation
of —
(a) a shortfall component under the Act 1992 of the Commonwealth; or
(b) Superannuation (Government
a Government co-contribution under the Act 2003 of the Commonwealth;
”.
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Amendments State super schemes Part 2
Contributions, accounts and investments Division 4
r. 16
16. Regulation 58 replaced
Regulation 58 is repealed and the following regulation is
inserted instead —“ 58. Acceptance of Commonwealth payments
The Board may accept a Commonwealth payment in
respect of a West State Super Member.
”.
17. Regulation 67 amended
Regulation 67(1) is amended as follows:
(a) by deleting “all of the following”; (b) by deleting paragraph (b) and inserting instead — “
(b)
any Commonwealth payments for the Member accepted under regulation 58; and
”;
(c) after paragraph (c) by inserting — “
(ca) any interest paid to the Board under section 25
of the Act in respect of the late payment of
contributions payable under this Part for the
Member; and
”;
(d) after each of paragraphs (a) and (c) by inserting — “ and ”.
1588 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 4 Contributions, accounts and investments r. 18 18. Regulation 68 amended
(1) Regulation 68(2) is amended as follows:
(a)
by deleting the full stop after paragraph (c) and inserting instead —
“
; and
(d)
the amount of any fees payable by the Member for any product or service provided to the Member in accordance with section 6(1)(e) of the Act.
”;
(b) after paragraph (a) by inserting — “ and ”.
(2) Regulation 68(3) is repealed and the following subregulations
are inserted instead —“
(3) The Board may only debit an amount to a benefit
account —
(a)
under subregulation (2)(a) or (b), if an actuary has advised that it is appropriate for that amount to be debited to that account; or
(b)
under subregulation (2)(d), if the Member has given the Board written consent to the debiting of that amount to the account.
(4) If the Board debits an amount to a benefit account
under subregulation (2)(d) in respect of a product or
service that was provided by a person other than the
Board, the Board must pay the amount deducted to that
other person.
”.
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Amendments State super schemes Part 2
Contributions, accounts and investments Division 4
r. 19
19. Regulation 69C amended
(1) Regulation 69C(1) is amended by deleting “for West State
Super Members as the default plan.” and inserting instead —“ as the default plan for West State Super Members. ”. (2) After regulation 69C(2) the following subregulation is
inserted —“
(3)
The Board must notify all West State Super Members of any change made under subregulation (2) before, or as soon as practicable after, the change occurs.
”.
20. Regulation 69D amended
(1) Regulation 69D(2) is amended by deleting “, and the Board
must give effect to the notice as soon as practicable”.(2) After regulation 69D(2) the following subregulation is
inserted —“
(2a) As soon as practicable after receiving a notice under
this regulation the Board must give effect to it by
investing the Member’s assets in accordance with
regulation 69E.
”.
21. Regulation 69E amended
Regulation 69E(2) is amended as follows:
(a) in paragraph (a) by deleting “the selection was made” and inserting instead — “ the Board gives effect to the selection ”;
1590 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 4 Contributions, accounts and investments r. 22
(b) by deleting “, but” and inserting instead — “
but, unless the Board and the Member agree otherwise,
”.
22. Regulation 180 amended
Regulation 180(2) is amended by deleting “benefit” and
inserting instead —“ retirement income ”.
23. Regulation 181 amended
(1) Regulation 181(2) is amended by deleting the full stop after
paragraph (b) and inserting instead —“
; and
(c)
the amount of any fees payable by the Member for any product or service provided to the Member in accordance with section 6(1)(e) of the Act.
”.
(2) Regulation 181(3) is repealed and the following subregulations
are inserted instead —“
(3) The Board may only debit an amount to a retirement
income account —
(a)
under subregulation (2)(a), if an actuary has advised that it is appropriate for that amount to be debited to that account; or
(b)
under subregulation (2)(c), if the Member has given the Board written consent to the debiting of that amount to the account.
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Amendments State super schemes Part 2
Contributions, accounts and investments Division 4
r. 24
(3a) If the Board debits an amount to a retirement income
account under subregulation (2)(c) in respect of a
product or service that was provided by a person other
than the Board, the Board must pay the amount
deducted to that other person.
”.
24. Regulation 185 amended
After regulation 185(2) the following subregulation is
inserted —
“
(3) The Board must notify all Retirement Income Members
of any change made under subregulation (2) before, or
as soon as practicable after, the change occurs.
”.
25. Regulation 186 amended
(1) Regulation 186(3) is amended by deleting “, and the Board must
give effect to the notice as soon as practicable”.(2) After regulation 186(3) the following subregulation is
inserted —“
(3a) As soon as practicable after receiving a notice under
this regulation the Board must give effect to it by
investing the Member’s assets in accordance with
regulation 187.
”.
26. Regulation 187 amended
Regulation 187(2) is amended as follows:
(a) by deleting “the selection was made” and inserting instead — “ the Board gives effect to the selection ”;
1592 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 4 Contributions, accounts and investments r. 27
(b) by deleting “, but” and inserting instead — “
but, unless the Board and the Member agree otherwise,
”.
27. Regulation 196G amended
Regulation 196G(2) is amended by deleting “benefit” and
inserting instead —“ term allocated pension ”.
28. Regulation 196H amended
(1) Regulation 196H(2) is amended by deleting the full stop after
paragraph (b) and inserting instead —“
; and
(c)
the amount of any fees payable by the Member for any product or service provided to the Member in accordance with section 6(1)(e) of the Act.
”.
(2) Regulation 196H(3) is repealed and the following
subregulations are inserted instead —“
(3) The Board may only debit an amount to a term
allocated pension account —
(a)
under subregulation (2)(a), if an actuary has advised that it is appropriate for that amount to be debited to that account; or
(b)
under subregulation (2)(c), if the Member has given the Board written consent to the debiting of that amount to the account.
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Amendments State super schemes Part 2
Contributions, accounts and investments Division 4
r. 29
(3a) If the Board debits an amount to a term allocated
pension account under subregulation (2)(c) in respect
of a product or service that was provided by a person
other than the Board, the Board must pay the amount
deducted to that other person.
”.
29. Regulation 196L amended
Regulation 196L(3) is amended by deleting “of the selected
default plan” and inserting instead —“ made under subregulation (2) ”.
30. Regulation 196M amended
(1) Regulation 196M(3) is amended by deleting “, and the Board
must give effect to the notice as soon as practicable”.(2) After regulation 196M(3) the following subregulation is
inserted —“
(3a) As soon as practicable after receiving a notice under
this regulation the Board must give effect to it by
investing the Member’s assets in accordance with
regulation 196N.
”.
31. Regulation 196N amended
Regulation 196N(2) is amended as follows:
(a) by deleting “the selection was made” and inserting instead — “ the Board gives effect to the selection ”;
(b) by deleting “, but” and inserting instead — “
but, unless the Board and the Member agree otherwise,
”.
1594 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 4 Contributions, accounts and investments r. 32 32. Regulation 206A amended
Regulation 206A is amended as follows:
(a) by deleting paragraph (a) and inserting instead — “
(a) Commonwealth payments; and
”;
(b) in paragraph (b) by inserting after “Part 3” — “ or 3A ”;
(c)
be deleting the full stop after paragraph (b) and inserting instead —
“
; and
(c)
a contributions-split transfer to the Retirement Access Scheme for the Member from another scheme or other superannuation fund.
”.
33. Regulation 208 amended
(1) Regulation 208(1)(ca) is amended by deleting “contributions or
payments” and inserting instead —“ amounts ”. (2) Regulation 208(2) is amended by deleting “benefit” and
inserting instead —“ retirement access ”. 34. Regulation 209 amended
(1) Regulation 209(2) is amended by deleting the full stop after
paragraph (b) and inserting instead —“
; and
(c)
the amount of any fees payable by the Member for any product or service provided to the
13 April 2007 GOVERNMENT GAZETTE, WA 1595 State Superannuation Amendment Regulations 2007
Amendments State super schemes Part 2
Contributions, accounts and investments Division 4
r. 35Member in accordance with section 6(1)(e) of the Act.
”.
(2) Regulation 209(3) is repealed and the following subregulations
are inserted instead —“
(3) The Board may only debit an amount to a retirement
access account —
(a)
under subregulation (2)(a), if an actuary has advised that it is appropriate for that amount to be debited to that account; or
(b)
under subregulation (2)(c), if the Member has given the Board written consent to the debiting of that amount to the account.
(4) If the Board debits an amount to a retirement access
account under subregulation (2)(c) in respect of a
product or service that was provided by a person other
than the Board, the Board must pay the amount
deducted to that other person.
”.
35. Regulation 213 amended
After regulation 213(2) the following subregulation is
inserted —
“
(3)
The Board must notify all Retirement Access Members of any change made under subregulation (2) before, or as soon as practicable after, the change occurs.
”.
1596 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 5 RA: Compulsory payment age r. 36 36. Regulation 214 amended
(1) Regulation 214(2) is amended by deleting “, and the Board must
give effect to the notice as soon as practicable”.(2) After regulation 214(2) the following subregulation is
inserted —“
(2a) As soon as practicable after receiving a notice under
this regulation the Board must give effect to it by
investing the Member’s assets in accordance with
regulation 215.
”.
37. Regulation 215 amended
Regulation 215(2) is amended as follows:
(a) in paragraph (a) by deleting “the selection was made” and inserting instead — “ the Board gives effect to the selection ”;
(b) by deleting “, but” and inserting instead — “
but, unless the Board and the Member agree otherwise,
”.
Division 5 — RA: Compulsory payment age
38. Regulation 201 amended
Regulation 201 is amended by deleting the definition of
“compulsory payment age”.
39. Regulation 218 repealed
Regulation 218 is repealed.
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Amendments State super schemes Part 2 References to preserved benefits Division 6
r. 40
Division 6 — References to preserved benefits
40. Regulation 3 amended
Regulation 3(1) is amended by deleting the definition of
“preserved benefit” and inserting instead —
““preserved”, in relation to a benefit, means that the benefit is not yet payable to the Member who is entitled to it;
”.
41. Regulation 12 amended and consequential amendments
(1) Regulation 12 is amended by inserting in the appropriate
alphabetical position —
““GSS withdrawal benefit” means a benefit under
regulation 44;
”.
(2) The provisions listed in the Table to this subregulation are
amended by deleting “preserved benefit” and inserting
instead —“ GSS withdrawal benefit ”.
Table
r. 23(2)(b) r. 48(4) para (b) of defn
of “death benefit”r. 45(1), (2), (3), (4) r. 49(2)(b) and (3) r. 46A 42. Regulation 44 amended
Regulation 44 is amended as follows:
(a)
before “A Gold” by inserting the subregulation designation “(1)”;
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Part 2 Amendments State super schemes Division 6 References to preserved benefits r. 43
(b) by deleting “preserved”; (c)
at the end of the regulation by inserting the following subregulation —
“
(2) A benefit under this regulation is preserved until the
criteria for payment of a benefit under regulation 45 are
satisfied.
”.
43. Regulation 46 amended
Regulation 46 is amended as follows:
(a) by deleting “preserved benefits — ” and inserting instead — “ GSS withdrawal benefit — ”;
(b) in paragraph (b) by deleting “person” and inserting instead — “ Member ”.
44. Regulation 47 amended
(1) Regulation 47(1)(b) is deleted and the following paragraph is
inserted instead —“
(b) a preserved GSS withdrawal benefit,
”.
(2) Regulation 47(4) is amended by deleting “preserved benefit”
and inserting instead —“ preserved GSS withdrawal benefit ”.
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Amendments State super schemes Part 2 References to preserved benefits Division 6
r. 45
45. Regulation 47A amended
(1) Regulation 47A(6)(b) is deleted and the following paragraph is
inserted instead —“
(b)
if the Member is entitled to a preserved GSS withdrawal benefit, that benefit.
”.
(2) Regulation 47A(8) is amended by deleting paragraph (b) of the
definition of “discounted benefit” and inserting instead —“
(b)
if the Member is entitled to a preserved GSS withdrawal benefit, of that benefit,
”.
46. Regulation 50 amended
Regulation 50 is amended as follows:
(a)
by deleting the full stop after the definition of “voluntary Member” and inserting a semicolon instead;
(b) by inserting in the appropriate alphabetical position — “
“WSS withdrawal benefit” means —
(a) a benefit under regulation 74; or (b)
a benefit to which a Member became entitled under regulation 73, 74(2)(a) or 74B(2) before 1 December 2004.
”.
47. Regulation 51 amended
Regulation 51(2)(a) is amended by deleting “preserved benefit
that is not yet payable;” and inserting instead —“
preserved GSS withdrawal benefit (as defined
in regulation 12);
”.
1600 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 6 References to preserved benefits r. 48 48. Regulation 74 amended
(1) Regulation 74(1)(c)(i) is amended by deleting “preserved”. (2) Regulation 74(2) is repealed and the following subregulations
are inserted instead —“
(2) If this regulation applies the Member is entitled to a
benefit of an amount equal to the greater of —
(a)
the balance of the Member’s benefit account; and
(b) the Member’s protected amount.
(3)
If the Member satisfies the criteria for payment of a benefit under regulation 76, the Board is to pay the benefit to the Member.
(4) If the Member does not satisfy the criteria for payment
of a benefit under regulation 76, the benefit is
preserved until those criteria are satisfied.
”.
49. Regulation 76 amended
Regulation 76(1) and (3) are amended by deleting “preserved
benefit” and inserting instead —“ WSS withdrawal benefit ”.
50. Regulation 77 amended
Regulation 77 is amended by deleting “preserved benefit” and
inserting instead —“ preserved WSS withdrawal benefit ”.
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Amendments State super schemes Part 2 References to preserved benefits Division 6
r. 51
51. Regulation 78 amended
Regulation 78 is amended as follows:
(a) by deleting “preserved benefit” in the first place where it occurs and inserting instead — “ WSS withdrawal benefit ”;
(b) in paragraphs (a) and (b) by deleting “preserved”.
52. Regulation 79 amended
(1) Regulation 79(1)(b) is deleted and the following paragraph is
inserted instead —“
(b) a preserved WSS withdrawal benefit,
”.
(2) Regulation 79(2) is amended by deleting “preserved benefit”
and inserting instead —“ preserved WSS withdrawal benefit ”. 53. Regulation 80 amended
Regulation 80(4) is amended in paragraph (b) of the definition of “death benefit” by deleting “preserved benefit” and inserting instead —
“ WSS withdrawal benefit ”.
54. Regulation 81 amended
Regulation 81(2)(b) and (3) are amended by deleting “preserved
benefit” and inserting instead —“ WSS withdrawal benefit ”.
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Part 2 Amendments State super schemes Division 6 References to preserved benefits r. 55 55. Schedule 2 amended
Schedule 2 clause 4(5) is repealed and the following subclause
is inserted instead —
“
(5) Despite the definition of “GSS withdrawal benefit” in
regulation 12, a benefit described in subclause (1) or (2) as a
preserved benefit is a GSS withdrawal benefit for the
purposes of Part 2 of the regulations.
”.
56. Schedule 3 amended
(1) Schedule 3 clause 2 is amended by deleting the definition of
“preserved benefit” and inserting in their appropriate
alphabetical positions —
““GSS withdrawal benefit” includes a benefit to which the Member became entitled under the GES Act before the commencement day but which, as at that day, had not
been paid by reason of the operation of section 38 of
the GES Act;
“WSS withdrawal benefit” includes a benefit to which the Member became entitled under the GES Act before the commencement day but which, as at that day, had not
been paid by reason of the operation of section 38K of
the GES Act.
”.
(2) Schedule 3 clause 24(1) and (2) are amended by deleting
“preserved benefit” and inserting instead —“ GSS withdrawal benefit ”. (3) Schedule 3 clause 29(2) is repealed and the following subclause
is inserted instead —“
(2) To the extent that a benefit referred to in subclause (1)(a)(ii)
would have been a deferred benefit if the relevant Member
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Amendments State super schemes Part 2
Information requirements Division 7
r. 57
had become entitled to it on the resignation day, the benefit
is preserved and taken to be a GSS withdrawal benefit.
”.
(4) Schedule 3 clause 43(1) and (2) are amended by deleting
“preserved benefit” and inserting instead —“ WSS withdrawal benefit ”.
Division 7 — Information requirements
57. Regulation 220 amended
Regulation 220 is amended by inserting in the appropriate
alphabetical position —
““accumulation scheme” means the West State Super Scheme, Retirement Access Scheme, Retirement Income Scheme or Term Allocated Pension
Scheme;
”.
58. Regulation 221 amended
(1) Regulation 221(1)(a) is deleted and the following is inserted
instead —“
(a)
the main features of the scheme of which the person has become a Member; and
”.
(2) Regulation 221(2) is amended as follows:
(a) by deleting paragraph (d) and inserting instead — “
(d) for a Member of an accumulation scheme —
(i) details of the investment options and
1604 GOVERNMENT GAZETTE, WA 13 April 2007 State Superannuation Amendment Regulations 2007
Part 2 Amendments State super schemes Division 7 Information requirements r. 59 (ii) an outline of the fees and charges that are attributed to Members of the scheme;
and
”;
(b) after each of paragraphs (a), (b) and (c) by inserting — “ and ”.
59. Regulation 223 amended
Regulation 223(2) is amended as follows:
(a) by deleting paragraph (b) and inserting instead — “
(b) details of amounts received in respect of the Member during the reporting period including — (i) contributions made by the Member; and
(ii) contributions made for the Member by an Employer or spouse; and
(iii) Commonwealth payments received in
respect of the Member; and(iv) benefits or other eligible termination the Member; and
(v) splittable contributions transferred for
the benefit of the Member;
and
”;
(b) in paragraph (d) by inserting after “disablement benefits” — “ and any other insured benefits ”;
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Information requirements Division 7
r. 60
(c) in paragraph (e) — (i) by deleting “in the case of a West State Super Member —” and inserting instead —
“
for a Member of an accumulation scheme —
”;
(ii) in subparagraphs (i) and (ii) by deleting “benefit” and inserting instead —
“ accumulation ”;
(d) by inserting after each of paragraphs (a) and (c) — “ and ”.
60. Regulation 224 amended
Regulation 224(2) is amended as follows:
(a) in paragraph (d) — (i) by deleting “the West State Super Scheme” and inserting instead —
“ an accumulation scheme ”;
(ii) in subparagraph (i) by deleting “under regulation 69B” and inserting instead —
“ for Members of the scheme ”;
(b) after each of subparagraphs (a)(i) and (b)(i) and (ii) and paragraphs (a), (b), (c) and (d) by inserting — “ and ”.
61. Regulation 224A amended
(1) Regulation 224A(1) is amended as follows:
(a) by inserting after “event all” — “ the ”;
(b) after paragraph (a) by inserting — “ and ”.
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Part 2 Amendments State super schemes Division 7 Information requirements r. 62
(2) Regulation 224A(2) is amended in paragraph (a) of the
definition of “significant event” by inserting after each of
subparagraphs (i), (ii) and (iii) —“ or ”. 62. Regulation 224C amended
Regulation 224C(2) is repealed and the following subregulation
is inserted instead —
“
(2) If, in breach of a direction given under
subregulation (1), an Employer fails to give the Board
information relating to —
(a) a Member’s entitlement to a benefit; or (b)
the amount of a benefit to which a Member is entitled,
the Board may defer payment of the benefit until the
information is provided.
”.
63. Regulation 224D amended
(1) Regulation 224D(1) is amended as follows:
(a) by inserting after “person all” — “ the ”;
(b) after each of paragraphs (a), (b) and (c) by inserting — “ and ”.
(2) Regulation 224D(2) is amended as follows:
(a) by inserting after “Employer all” — “ the ”;
(b) in paragraph (a) by deleting “Scheme” and inserting instead — “ scheme ”;
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WSS: payment of benefits Division 8
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(c) after each of paragraphs (a) and (b) by inserting — “ and ”.
(3) Regulation 224D(3) is amended as follows:
(a) after “benefit is paid” by deleting the comma; (b) after each of paragraphs (a) and (b) by inserting — “ or ”.
64. Regulation 224E amended
Regulation 224E is amended as follows:
(a) in paragraph (a) by deleting “lost Member” and inserting instead — “ lost member ”;
(b) after paragraph (a) by inserting — “ and ”.
65. Regulation 224F amended
Regulation 224F is amended as follows:
(a) by deleting “Division” and inserting instead — “ Part ”;
(b) after each of paragraphs (a) and (b)(i) by inserting — “ or ”.
Division 8 — WSS: payment of benefits
66. Regulation 76 amended
(1) Regulation 76(2) is repealed and the following subregulations
are inserted instead —“
(2) A West State Super Member who is entitled to a
WSS withdrawal benefit may request payment of the
benefit if —
(a)
the benefit has become payable under subregulation (1)(a) or (b); or
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(b)
the benefit is less than $200 and the Member has ceased to be gainfully employed.
(2a) On receipt of a request under subregulation (2) the
Board is to pay the benefit plus interest under
regulation 78 to the Member.
”.
(2) Regulation 76(4) is repealed. 67. Regulation 79B amended
Regulation 79B(1) is repealed and the following subregulations
are inserted instead —
“
(1) Subject to subregulations (1a) and (1b), a West State
Super Member who is at least 55 years of age may
request the Board to transfer —
(a) the balance of the Member’s benefit account; or (b)
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 thatrequest.
(1a) An eligible statutory Member cannot make a request
under subregulation (1)(a).(1b) If a Member makes a request under
subregulation (1)(b), the Board may refuse the request
if transferring the amount requested would reduce the
balance in the Member’s benefit account to less than
$5 000.
”.
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Division 9 — Miscellaneous
68. Regulation 3 amended
Regulation 3 is amended in the definition of “charge
percentage” by deleting “section 20 or 21” and inserting
instead —“ section 19 ”.
69. Regulation 225 amended
Regulation 225 is amended in the definition of “organisation”
be deleting “Conciliation and Arbitration Act 1904” and
inserting instead —“ Workplace Relations Act 1996 ”.
70. Schedule 1 amended
(1) Schedule 1 Division 1 is amended as follows:
(a) after item 8 by inserting —
“
8a. Commission for Occupational Safety and Health (WorkSafe W A) established by the Occupational Safety
and Health Act 1984
”;
(b) by deleting item 32.
(2) Schedule 1 Division 1 item 30 is deleted and the following item
is inserted instead —“
30. Western Australian Land Information Authority
established by the Land Information Authority Act 2006
”.
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(3) Schedule 1 Division 1 item 31 is amended by deleting “Western
Australian Planning Commission Act 1985” and inserting
instead —“ Planning and Development Act 2005 ”. (4) Schedule 1 Division 2 is amended as follows:
(a) by deleting items 13, 23, 50 and 58; (b) after item 26 by inserting —
“
26A. Housing Authority continued under the Housing Act 1980
”.
(5) Schedule 1 Division 2 item 14 is deleted. (6) Schedule 1 Division 2 item 60 is amended by deleting “Tobacco
Control Act 1990” and inserting instead —“ Tobacco Products Control Act 2006 ”.
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Amendments to pension scheme Part 3
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Part 3 — Amendments to pension scheme
71. The Act amended
The amendments in this Part are to the Superannuation and Family Benefits Act 1938* as continued in force by the State Superannuation (Transitional and Consequential Provisions) Act 2000 section 26**.
[* Reprinted as at 20 July 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
[** Act No. 43 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
72. Section 6 amended
(1) Section 6(1) is amended in the definition of “department” as
follows:
(a) by deleting “the board of management of a public hospital financed either wholly or partly with moneys from the Hospital Fund established under the Hospital Fund Act 1930, every hospital board constituted under the Hospitals and Health Services Act 1927,” and inserting instead — “ every hospital board ”;
(b)
by deleting “board of management,” in the 6 other places where it occurs.
(2) Section 6(1) is amended by inserting in the appropriate
alphabetical position —
““hospital board” means —
(a)
a hospital board constituted under the Hospitals and Health Services Act 1927; and
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(b)
if the Minister to whom the administration of the Hospitals and Health Services Act 1927 is committed is deemed by section 7(2) of that Act to be the board of a hospital, the Minister in his or her capacity as that board;
”.
73. Section 62 amended
After section 62(3) the following subsection is inserted —
“
(4) The Treasurer may give a direction to the Board under
the State Superannuation Regulations 2001
regulation 244 for the payment of a benefit to the
widow or widower of a former contributor if —
(a) the former contributor died after the State Superannuation Amendment Regulations (No. 2) 2006 came into operation; and (b) the widow or widower is not entitled to the pension set out in the Sixth Schedule item 2 because of the operation of paragraph (c)(ii)(I) and (II) in column 1 of that item; and
(c) the Treasurer is satisfied that — (i) the marriage was of a bona fide nature; and
(ii) the special circumstances of the case warrant the payment of a benefit to the widow or widower.
”.
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74. Sixth Schedule amended
The Sixth Schedule is amended in item 2 by deleting the entry
in column 1 and inserting instead —
“Widow or widower of former contributor if —
(a) the marriage took place after retirement; and (b) the former contributor died after his or her retirement; and (c) either —
(i) State (No. 3) 2006 the former contributor died before the came into operation; or
(ii) the former contributor died after the State Superannuation Amendment Regulations (No. 3) 2006 came into operation and either —
(I)
the marriage took place not less than 5 years before the former contributor died; or
(II) at the time the former contributor died
there was at least one child of the former
contributor and the widow or widower
who was wholly or substantially
dependent on them.
”.
Certified under section 38(4)(b) of the Act —
DAVID KNOX 7/2/2007 Actuary appointed by the Board Date Approved under section 38(5)(a) of the Act — E. RIPPER 21/3/2007 Treasurer Date By Command of the Governor, G. M. PIKE, Clerk of the Executive Council.
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