State Superannuation Amendment Regulations 2008 (WA)
18 Winuary 2008 GOVERNMENT GAZETTE, WA 149 SZ301*
State Superannuation Act 2000
State Superannuation Amendment
Regulations 2008
Made by the deputy of the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the State Superannuation Amendment
Regulations 2008.2. Commencement
These regulations come into operation as follows:
(a) Part 1 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. Regulations amended
(1) The amendments in Part 2 are to the State Superannuation
Regulations 2001.(2) The amendments in Part 3 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.
" Account; ".
Part 2 — Amendments to State Superannuation
Regulations 2001
Division 1 — General
4. Regulation 31 amended
Regulation 31(3)(a) is amended by deleting "Fund;" and inserting instead —
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5. Regulation 35 amended
(1) Regulation 35(2)(a) is amended by deleting "leave;" and
inserting instead -44 leave ("continued contributions option"); or ".
(2) Regulation 35(3) is amended as follows:
(a)
by deleting "to continue paying member contributions" and inserting instead -
the deferred contributions option
(b)
by deleting "deferred contribution option" and inserting instead -
continued contributions option ".
6. Regulation 47A amended
Regulation 47A(6)(a) and "or" after it are deleted and the following is inserted instead -
"
(a) any benefit subsequently arising in respect of
the Member under this Division; or
7. Schedule 2 amended
Schedule 2 Part 6 clause 17 is amended in the definition of
"magistrate" by inserting after "means" -"
a magistrate of the Magistrates Court or, in respect of a
day before 1 May 2005,
Division 2— Family law property settlements
8. Regulation 3 amended
Regulation 3(1) is amended by inserting in the appropriate alphabetical position - 44
"Family Law Act" means the Family Law Act 1975
(Commonwealth) Part VIIIB;
9. Part 5A inserted
Before Part 6 the following Part is inserted -
Part 5A - Family law property settlements
219A. Interpretation
(1) In this Part —
"ex-spouse", in relation to a Member in relation to
whose superannuation interest a splitting
18 January 2008 GOVERNMENT GAZETTE, WA 151 instrument has been served on the Board, means
the other party to the marriage in relation to whichthe splitting instrument was made;
"splitting instrument" means -
(a) a splitting order; or (b)
a superannuation agreement that provides for a payment split; or
(c)
a flag lifting agreement that provides for a payment split;
"superannuation interest" means a superannuation
interest (as defined in the Family Law Act
section 90MD) in a scheme under the Act otherthan an unsplittable interest;
"value", in relation to the superannuation interest of an
ex-spouse, means the value of that interest
determined in accordance with the Family Law
(Superannuation) Regulations 2001(Commonwealth) regulation 14G.
(2) In this Part the following terms each have the meaning
given in the Family Law Act section 90MD -
(a) "flag lifting agreement"; (b) subject to subregulation (3), "operative time": (c) "payment split"; (d) "splitting order"; (e) "superannuation agreement"; (f) "unsplittable interest".
(3) If—
(a)
a splitting instrument is served on the Board before 1 February 2008; and
(b) the time that would, but for this subregulation, be the operative time in relation to that splitting instrument is before 1 February 2008, then the operative time in relation to that splitting
instrument is 1 February 2008.
219B. Application of Part This Part applies in relation to a Member if the Board is served with a splitting instrument that relates to the superannuation interest of the Member.
219C. Clean break at operative time If this Part applies in relation to a Member, at the operative time -
(a) the Member's ex-spouse becomes entitled to a
superannuation interest of an amount equal to
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the value of the ex-spouse's entitlement in
respect of the Member's superannuationinterest at the operative time; and
(b) there is a corresponding reduction in value of
the Member's superannuation interest.
219D. New interest for ex-spouse
(1) The value of the ex-spouse's entitlement under
regulation 21 9C(a) is to be determined in accordance
with the Family Law (Superannuation)Regulations 2001 (Commonwealth) regulation 14G.
(2) When an ex-spouse becomes entitled to a
superannuation interest under regulation 21 9C(a) the subregulation (3) an amount equal to -
(a) the value of the ex-spouse's entitlement; less (b)
any fees payable by the ex-spouse under the Family Law Act section 90MY.
(3) The superannuation fund to which the amount is to be
transferred is -
(a) if-
(i) the ex-spouse has nominated a amount is to be transferred; and
(ii) the Board is able to transfer the amount to that fund,
that fund; or
(b) if paragraph (a) does not apply and the
ex-spouse is a member of the West State
scheme in respect of whom transfers to thatscheme may be accepted, that scheme; or
(c) if neither paragraph (a) nor (b) apply, GESB Superannuation within the meaning given in section 42(1) of the Act.
(4) A nomination for the purposes of subregulation (3)(a)
must be made in writing to the Board within 28 days
(or such longer period as the Board allows) of the
ex-spouse being requested by the Board to nominate afund.
219F. Reduction of Member's interest to be apportioned
If a Member whose superannuation interest is reduced under regulation 219C(b) is a member of 2 or more schemes, the reduction is to be apportioned proportionately between the Member's superannuation interests in each scheme in which he or she is a member, unless the splitting instrument provides otherwise.
18 January 2008 GOVERNMENT GAZETTE, WA 153
219F. Reduction of interest in accumulation scheme (I) In this regulation -
"accumulation scheme" means the West State Super
Scheme, GESB Super Scheme, Retirement Income
Scheme, Term Allocated Pension Scheme orRetirement Access Scheme.
(2) If the value of a Member's superannuation interest in
an accumulation scheme is reduced under
regulation 219C(b), the balance in the Member's
account in that scheme is reduced by an amount equal
to the value of the ex-spouse's entitlement underregulation 21 9C(a).
219G. Reduction of interest in Gold State Super Scheme
(1) If the value of a Member's superannuation interest in
the Gold State Super Scheme is reduced under
regulation 219C(b) the value of the reduction is to becalculated by the actuary and may be effected -
(a) by the deduction of a monetary amount, with or without interest; or (b) by the reduction by a specified amount of the multiple of final remuneration used to calculate the Member's superannuation interest; or (c) in any other manner agreed between the actuary and the Board.
(2) If the Member is a Part 1 Member within the meaning of Schedule 2 Part 1 clause 1(1), the reduction is to be apportioned proportionally between -
(a)
the Member's superannuation interest to the extent that it arises under Part 2 of these regulations; and
(b) the Member's superannuation interest to the extent that it arises under Schedule 2 Part 1.
(3) If the Member is a Part 6 Member within the meaning
of Schedule 2 Part 6 clause 17, the reduction is to be
apportioned proportionally between -
(a)
the Member's superannuation interest to the extent that it arises under Part 2 of these regulations; and
(b)
the Member's superannuation interest to the extent that it arises under Schedule 2 Part 6.
219H. Notice of clean break
(1) When the Board transfers an amount under
regulation 219D in respect of a Member's ex-spouse
the Board must -
(a) give the ex-spouse a notice setting out the
matters mentioned in subregulation (2); and
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(b) give the Member a notice setting Out the
matters mentioned in subregulation (3).
(2) The notice to the ex-spouse must set out -
(a) that the new interest has been created; and (b) the value of that interest and how that value was calculated; and (c) the fund to which the transfer under regulation 21 9D(2) was made; and (d) Superannuation in accordance with
if the transfer was made to GESB trustee of that fund can be contacted.
(3) The notice to the Member must set Out -
(a) that a new interest has been created for the ex-spouse and that a corresponding reduction has been made to the Member's interest; and (b) the value of the ex-spouse's interest and how that value was calculated; and (c) the amount by which, or the manner in which, the Member's interest has been reduced.
10. Regulation 224G inserted
After regulation 224F the following regulation is inserted -
224(i. Famih law information
(1) If the Board is required by the Family Law Act to give
information to a person, nothing in these regulations
(including regulation 224F) affects the Board's
obligation to give that information to that person or its
ability to give information in accordance with subregulation (2). (2) If the Board receives an application for information
under the Family Law Act, the Board may provide to
the applicant, in addition to the information required by
that Act to be provided, any further information that
the Board considers is reasonably necessary for the
applicant to understand the superannuation interest to
which the application relates.11. Regulation 245 amended
Regulation 245 is amended by deleting "A person" and inserting instead -
Subject to the Family Law Act a person ".
18 January 2008 GOVERNMENT GAZETTE, WA 155 12. Regulation 246 amended
Regulation 246 is amended by deleting "Where," and inserting instead -
Subject to the Family Law Act where, ".
Part 3 - Amendments to Superannuation and Family
Benefits Act 1938
13. Section 24A amended
Section 24A(4) is amended by inserting after "under the" -State ".
14. Section 60AB inserted
After section 60AA the following section is inserted
60AB. Contributor remaining in service: deemed
retirement on election to take pension
(1) This section applies to a contributor if—
(a) the contributor -
(i) has attained the age of 65 years; or
(ii) has elected to contribute for a pension 65 years and has attained that age; or
(iii) has determined his pension under section 60AA;
and
(b) the contributor remains in service.
(2) A contributor to whom this section applies may elect to
receive his pension notwithstanding that he remains in service.
(3) An election for the purposes of subsection (2) takes
effect on the day on which it is received by the Board
or a later day specified in it.
(4) If a contributor makes an election under this section
then notwithstanding anything else in this Act, for the purposes of this Act the contributor is deemed to have retired from service on the day on which the election
takes effect.15. Section 62 amended
Section 62(4)(a) is amended by deleting "(No. 2) 2006" and inserting instead -
44
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16. Sixth Schedule amended
The Sixth Schedule Part I item 2 column 1 paragraph (c)(i) and (ii) are amended by deleting "(No. 3) 2006" and inserting instead —
" 2007 ".
By Command of the deputy of the Governor,
G. M. PIKE, Clerk of the Executive Council.
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