State Superannuation Amendment Regulations 2009 (WA)

17 10 GOVERNMENT GAZETTE, WA 24 November 2009

SUPERANNUATION

Regulations 2009.

SZ30

State Superannuation Act 2000

State Superannuation Amendment

Regulations 2009

Made by the Governor in Executive Council.

Part 1 — Preliminary matters

1.            Citation

These regulations are the State Superannuation Amendment

24 November 2009 4741

GOVERNMENT GAZETTE, WA

2.            Commencement

These regulations come into operation as follows -

(a) regulations 1 and 2—on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations - on the day after that day.

Part 2 - State Superannuation Regulations 2001

amended

3.            Regulations amended

This Part amends the State Superannuation Regulations 2001.

4.            Regulation 3 amended

In regulation 3(1) delete the definition of phased retirement benefit and insert:

phased retirement benefit means a benefit from a
superannuation fund that is payable only as a transition
to retirement income stream as defined in the SIS
Regulations regulation 6.01;

5.            Regulation 50 amended

In regulation 50(1) in the definition of protected amount delete
"regulations 79A and 79B -" and insert:

regulation 80B -

6.            Regulation 59 inserted

After regulation 58 insert: 

59. Contribution of insurance payments
If

(a)	there is in force a policy of insurance entered into with an insurer under regulation 70C to provide salary continuance insurance for a West State Super Member; and
(b)	an amount becomes payable under that policy in respect of the Member,

the Board may accept payment of all or part of that
amount from the insurer as a contribution for the
Member.

4742 GOVERNMENT GAZETTE, WA 24 November 2009

7.            Regulation 67 amended

In regulation 67(1)(db) delete "Division 5A; and" and insert:

Division 5A (including any amounts paid under regulation 59); and

8.            Regulation 79A amended

Delete regulation 79A(6).

9.	Regulation 79B amended Delete regulation 7913(2).
10.	Regulation 80B inserted After regulation 80A insert:

SOB. Effect of part payment on protected amount

(1) In this regulation -

part payment, in respect of a West State Super

Member, means -

(a)	the payment of a benefit to or in respect of the Member; or
(b)	the transfer of an amount to another scheme or superannuation fund in partial satisfaction of the Member's entitlement to a benefit from the West State Super Scheme; or
(c)	the reduction of the balance of the Member's west state account under regulation 219F,

if the amount of the benefit, transfer or reduction is less

than the whole of the balance of the Member's west

state account.

(2) If a part payment is made in respect of a West State

Super Member who was a West State Super Member on 30 June 2001 -

(a) if the amount of the part payment is less than

the Member's protected amount -

(i)     on the day on which the part payment is made the Member's protected amount is reduced by the amount of the part

payment; and

(ii)     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;

24 November 2009 GOVERNMENT GAZETTE, WA 4743

or

(b) if the amount of the part payment is equal to or greater than the Member's protected amount - on the day on which the part payment is made

the Member's protected amount is reduced to

zero.

11. Reg 94A serted inserted

At the end of Part 3A Division 3 Subdivision I insert:

94A. Contribution of insurance payments
If—

(a)	there is in force a policy of insurance entered into with an insurer under regulation 113 (5) to provide salary continuance insurance for a GESB Super Member; and
(b)	an amount becomes payable under that policy in respect of the Member,

the Board may accept payment of all or part of that
amount from the insurer as a contribution for the
Member.

12.          Regulation 102 amended

In regulation 102(1)(e) delete "or 112; and" and insert:

or 112 (including any amounts paid under

regulation 94A); and

Part 3 - State Superannuation Amendment Regulations (No. 4) 2008 repealed

13.          Regulations repealed

The Stale Superannuation Amendment Regulations (No. 4) 2008 are repealed.

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.