State Superannuation Amendment Regulations 2021 (WA)
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TREASURY AND FINANCE
TR301
State Superannuation Act 2000
State Superannuation Amendment
Regulations 2021
SL 2021/49
Made by the Governor in Executive Council.
1. Citation
These regulations are the State Superannuation Amendment
Regulations 2021.
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.
3. Regulations amended These regulations amend the State Superannuation
Regulations 2001.
4. Regulation 3 amended
(1) In regulation 3(1) delete the definition of eligible rollover fund. (2) In regulation 3(1) insert in alphabetical order:
dependant has the meaning given in the SIS Act
section 10(1);
permitted nominee, in relation to a Member, means —
(a)
the executor of the Member's will or administrator of the Member's estate; or
(b) a dependant of the Member;
7 May 2021 GOVERNMENT GAZETTE, WA 1665 5. Regulation 48 amended
(1) Delete regulation 48(1) and insert:
(1) In this regulation -
death benefit, of a Gold State Super Member, means
the following -
(a) a benefit that becomes payable under regulation 39 or 43(a) because the Member has died; (b) the Member's GSS withdrawal benefit that becomes payable because the Member has died; (c) a benefit that becomes payable to the Member under the Gold State Super Scheme, to the extent that it has not been paid or transferred under regulation 47 before the Board is notified of the Member's death.
(1A) A Gold State Super Member may at any time give the Board a notice (a binding death benefit nomination) that -
(a) directs the Board to pay the whole of any death
benefit that may become payable in respect of
the Member to -(i) a permitted nominee of the Member specified in the notice; or
(ii) 2 or more permitted nominees of the Member specified in the notice, in percentages specified in the notice (the aggregate of which must equal 100%);
and
(b) includes a statement that the nomination is to remain in force - (i) indefinitely; or
(ii) for the period approved by the Board under regulation 246C(2) at the time the nomination is given.
(113) A binding death benefit nomination given by a Gold
State Super Member comes into force when it is received by the Board and remains in force until any of the following occurs -
(a)
the Board receives a notice given by the Member revoking the binding death benefit nomination;
(b)
the Board receives a subsequent binding death benefit nomination given by the Member;
(c)
the Member ceases to be a Gold State Super Member;
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(d) for a nomination that includes a statement
referred to in subregulation (1 A)(b)(ii) - the
period referred to in that subregulation expires.(IC) If a binding death benefit nomination is in force in
respect of a Gold State Super Member when the
Member dies, the Board must pay the Member's death
benefit in accordance with the nomination unless any
person specified in the nomination as a person to whom
all or any percentage of the death benefit is to bepaid -
(a)
cannot be found after the Board has made reasonable enquiries; or
(b)
is not a permitted nominee of the Member at the time of the Member's death.
(1 D) If no binding death benefit nomination is in force in
(3) the Board must pay the Member's death benefit to the executor of the Member's will or administrator of the Member's estate.
respect of a Gold State Super Member when the then subject to subregulation
(2) In regulation 48(2) delete "subregulation (1) to the executor"
and insert:subregulation (1C) or (1D) to the executor of a Member's will (3) In regulation 48(3) delete "if—" and insert: if no binding death benefit nomination is in force in respect of a
Gold State Super Member when the Member dies, or
subregulation (1 C)(a) or (b) applies, and - (4) Delete regulation 48(4). Note: The heading to amended regulation 48 is to read: Binding death benefit nomination and payment of death benefit
6. Regulation 79 amended
In regulation 79(3) delete "an eligible rollover fund if that fund
is permitted by the SIS Act" and insert:the Commonwealth Commissioner of Taxation if the Commissioner is permitted under the Commonwealth Unclaimed Money Act
Note: The heading to amended regulation 79 is to read:
Transfer of benefit to other scheme or fund or Commonwealth
Commissioner of Taxation
7 May 2021 GOVERNMENT GAZETTE, WA 1667 7. Regulation 80 amended
(I) Delete regulation 80(1) and insert:
(1) In this regulation -
death benefit, of a West State Super Member, means
the following -
(a) a benefit that becomes payable under the West State Super Scheme because the Member has died; (b) the Member's WSS withdrawal benefit that becomes payable because the Member has died; (c) a benefit that becomes payable to the Member under the West State Super Scheme but is not paid or transferred under regulation 79 before the Board is notified of the Member's death.
(1A) A West State Super Member may at any time give the Board a notice (a binding death benefit nomination) that -
(a) directs the Board to pay the whole of any death
benefit that may become payable in respect of
the Member to -(i) a permitted nominee of the Member specified in the notice; or
(ii) 2 or more permitted nominees of the Member specified in the notice, in percentages specified in the notice (the aggregate of which must equal 100%);
and
(b) includes a statement that the nomination is to
remain in force -
(i) indefinitely; or (ii) for the period approved by the Board under regulation 246C(2) at the time the nomination is given.
(1B) A binding death benefit nomination given by a West
State Super Member comes into force when it is received by the Board and remains in force until any of the following occurs -
(a)
the Board receives a notice given by the Member revoking the binding death benefit nomination;
(b)
the Board receives a subsequent binding death benefit nomination given by the Member;
(c)
the Member ceases to be a West State Super Member;
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(d) for a nomination that includes a statement
referred to in subregulation (1 A)(b)(ii) - the
period referred to in that subregulation expires.(1 C) If a binding death benefit nomination is in force in
respect of a West State Super Member when the
Member dies, the Board must pay the Member's death
benefit in accordance with the nomination unless any
person specified in the nomination as a person to whom
all or any percentage of the death benefit is to bepaid -
(a)
cannot be found after the Board has made reasonable enquiries; or
(b)
is not a permitted nominee of the Member at the time of the Member's death.
(1D) If no binding death benefit nomination is in force in
respect of a West State Super Member when the
Member dies, or subregulation (1 Q(a) or (b) applies,
then subject to subregulation (3) the Board must pay
the Member's death benefit to the executor of theMember's will or administrator of the Member's estate.
(2) In regulation 80(2) delete "subregulation (1) to the executor"
and insert:subregulation (1 C) or (1 D) to the executor of a Member's will (3) In regulation 80(3) delete the passage that begins with "If the
Board -" and ends with "hardship," and insert:If—
(a) either—
(i)
no binding death benefit nomination is in force in respect of a West State Super Member when the Member dies; or
(ii) subregulation (1 Q(a) or (b) applies; and
(b) the Board—
(i) has been unable, after making of the Member's will or administrator of the Member's estate; or
(ii) considers it desirable to do so in order to relieve or avoid hardship,
7 May 2021 GOVERNMENT GAZETTE, WA 1669
(4) Delete regulation 80(4). Note: The heading to amended regulation 80 is to read: Binding death benefit nomination and payment of death benefit
8. Regulation 121 amended
(1) Delete regulation 12 1(1) and insert:
(1) In this regulation—
death benefit, of a GESB Super Member, means the
following -
(a)
a benefit that becomes payable under regulation 115 because the Member dies;
(b)
any other benefit or amount that becomes payable under the GESB Super Scheme because the Member dies;
(c)
a benefit that becomes payable to the Member under the GESB Super Scheme but is not paid or transferred under regulation 120 before the Board is notified of the Member's death.
(1A) A GESB Super Member may at anytime give the
Board a notice (a binding death benefit nomination) that -
(a) directs the Board to pay the whole of any death
benefit that may become payable in respect of
the Member to -(i) a permitted nominee of the Member specified in the notice; or
(ii) 2 or more permitted nominees of the
Member specified in the notice, in
percentages specified in the notice (the
aggregate of which must equal 100%);
and (b) includes a statement that the nomination is to
remain in force -(i) indefinitely; or
(ii) for the period approved by the Board under regulation 246C(2) at the time the nomination is given.
(113) A binding death benefit nomination given by a GESB
Super Member comes into force when it is received by the Board and remains in force until any of the following occurs -
(a) the Board receives a notice given by the
Member revoking the binding death benefit
nomination;
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(b)
the Board receives a subsequent binding death benefit nomination given by the Member;
(c)
the Member ceases to be a GESB Super Member;
(d)
for a nomination that includes a statement referred to in subregulation (1 A)(b)(ii) - the period referred to in that subregulation expires.
(1 C) If a binding death benefit nomination is in force in
respect of a GESB Super Member when the Member
dies, the Board must pay the Member's death benefit in
accordance with the nomination unless any person
specified in the nomination as a person to whom all orany percentage of the death benefit is to be paid -
(a)
cannot be found after the Board has made reasonable enquiries; or
(b)
is not a permitted nominee of the Member at the time of the Member's death.
(1D) If no binding death benefit nomination is in force in
respect of a GESB Super Member when the Member
dies, or subregulation (1 Q(a) or (b) applies, then
subject to subregulation (3) the Board must pay the
Member's death benefit to the executor of theMember's will or administrator of the Member's estate.
(2) In regulation 121(2) delete "subregulation (1) to the executor"
and insert:subregulation (1C) or (ID) to the executor of a Member's will (3) In regulation 121(3) delete the passage that begins with "If the
Board -" and ends with "hardship," and insert:
If— (a) either—
(i) no binding death benefit nomination is in force in respect of a GESB Super Member when the Member dies; or
(ii) subregulation (1 Q(a) or (b) applies;
and
(b) the Board—
(i) has been unable, after making
reasonable enquiries, to find an executor
of the Member's will or administrator of
the Member's estate; or
7 May 2021 GOVERNMENT GAZETTE, WA 1671 (ii) considers it desirable to do so in order to relieve or avoid hardship,
(4) Delete regulation 121(4). Note: The heading to amended regulation 121 is to read: Binding death benefit nomination and payment of death benefit
9. Regulation 126 amended
In regulation 126 delete "an eligible rollover fund if that fund is permitted by the SIS Act" and insert:
the Commonwealth Commissioner of Taxation if the Commissioner is permitted under the Commonwealth Unclaimed Money Act
Note: The heading to amended regulation 126 is to read:
Transfer of Member's balance to Commonwealth Commissioner of Taxation
10. Regulation 194 replaced
Delete regulation 194 and insert:
194. Binding death benefit nomination and payment of
lump sum death benefit(1) In this regulation -
Retirement Income (Lump Sum) Member means a
Retirement Income Member who has selected a lump
sum death benefit.(2) If a Retirement Income (Lump Sum) Member dies
while there is still an amount in the Member's
retirement income account, the Board must pay a
benefit (the Member's death benefit) of an amount equal to the balance of the account in accordance with
this regulation.
(3) A Retirement Income (Lump Sum) Member may at
any time give the Board a notice (a binding death
benefit nomination) that -
(a) directs the Board to pay the whole of any death
benefit that may become payable in respect of
the Member to -(i) a permitted nominee of the Member specified in the notice; or
(ii) 2 or more permitted nominees of the Member specified in the notice, in percentages specified in the notice (the aggregate of which must equal 100%);
and
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(b) includes a statement that the nomination is to
remain in force -(i) indefinitely; or
(ii) for the period approved by the Board under regulation 246C(2) at the time the nomination is given.
(4) A binding death benefit nomination given by a
Retirement Income (Lump Sum) Member comes into
force when it is received by the Board and remains in
force until any of the following occurs -
(a)
the Board receives a notice given by the Member revoking the binding death benefit nomination;
(b)
the Board receives a subsequent binding death benefit nomination given by the Member;
(c)
the Member ceases to be a Retirement Income Member;
(d)
for a nomination that includes a statement referred to in subregulation (3)(b)(ii) - the period referred to in that subregulation expires.
(5) If a binding death benefit nomination is in force in
respect of a Retirement Income (Lump Sum) Member
when the Member dies, the Board must pay the
Member's death benefit in accordance with the
nomination unless any person specified in the
nomination as a person to whom all or any percentage
of the death benefit is to be paid -
(a)
cannot be found after the Board has made reasonable enquiries; or
(b)
is not a permitted nominee of the Member at the time of the Member's death.
If no binding death benefit nomination is in force in
(6)
respect of a Retirement Income (Lump Sum) Member
when the Member dies, or subregulation (5)(a) or (b)
applies, the Board must pay the Member's death
benefit to the executor of the Member's will oradministrator of the Member's estate.
11. Regulation 196U replaced
Delete regulation 196U and insert:196U. Binding death benefit nomination and payment of
lump sum death benefit
(1) In this regulation -
Term Allocated Pension (Lump Sum) Member means
a Term Allocated Pension Member who has selected a
lump sum death benefit.
7 May 2021 GOVERNMENT GAZETTE, WA 1673
(2) If a Term Allocated Pension (Lump Sum) Member dies
while there is still an amount in the Member's term
allocated pension account, the Board must pay a
benefit (the Member's death benefit) of an amount
equal to the balance of the account in accordance with
this regulation.(3) A Term Allocated Pension (Lump Sum) Member may
at any time give the Board a notice (a binding death
benefit nomination) that -
(a) directs the Board to pay the whole of any death
benefit that may become payable in respect of
the Member to -(i) a permitted nominee of the Member specified in the notice; or
(ii) 2 or more permitted nominees of the Member specified in the notice, in percentages specified in the notice (the aggregate of which must equal 100%);
and
(b) includes a statement that the nomination is to
remain in force -(i) indefinitely; or
(ii) for the period approved by the Board under regulation 246C(2) at the time the nomination is given.
(4)
A binding death benefit nomination given by a Term Allocated Pension (Lump Sum) Member comes into force when it is received by the Board and remains in
force until any of the following occurs -
(a)
the Board receives a notice given by the Member revoking the binding death benefit
nomination; (b)
the Board receives a subsequent binding death benefit nomination given by the Member;
(c)
the Member ceases to be a Term Allocated Pension Member;
(d)
for a nomination that includes a statement referred to in subregulation (3)(b)(ii) - the period referred to in that subregulation expires.
(5)
If a binding death benefit nomination is in force in respect of a Term Allocated Pension (Lump Sum) Member when the Member dies, the Board must pay
the Member's death benefit in accordance with the
nomination unless any person specified in the
nomination as a person to whom all or any percentage
of the death benefit is to be paid -
(a) cannot be found after the Board has made
reasonable enquiries; or
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(b) is not a permitted nominee of the Member at
the time of the Member's death.
(6) If no binding death benefit nomination is in force in
respect of a Term Allocated Pension (Lump Sum)
Member when the Member dies, or
subregulation (5)(a) or (b) applies, the Board must pay
the Member's death benefit to the executor of the
Member's will or administrator of the Member's estate.12. Regulation 196\ amended
In regulation 196V(2) after "executor" insert: of the reversionary pensioner's will
13. Regulation 219 amended
(1) In regulation 219(1) delete "a benefit of an amount equal to the
balance of the account to the executor or administrator of the
Member's estate." and insert:a benefit (the Member's death benefit) of an amount equal to the balance of the account in accordance with this regulation.
(2)
After regulation 219(1) insert: (1A) A GESB Super (Retirement Access) Member may at
any time give the Board a notice (a binding death
benefit nomination) that -
(a) directs the Board to pay the whole of any death
benefit that may become payable in respect of
the Member to - (i) a permitted nominee of the Member specified in the notice; or
(ii)
2 or more permitted nominees of the Member specified in the notice, in percentages specified in the notice (the aggregate of which must equal 100%);
and
(b) includes a statement that the nomination is to
remain in force -(i) indefinitely; or
(ii) for the period approved by the Board
under regulation 246C(2) at the time the nomination is given.
7 May 2021 GOVERNMENT GAZETTE, WA 1675 (1B) A binding death benefit nomination given by a GESB Super (Retirement Access) Member comes into force when it is received by the Board and remains in force until any of the following occurs -
(a)
the Board receives a notice given by the Member revoking the binding death benefit nomination;
(b)
the Board receives a subsequent binding death benefit nomination given by the Member;
(c)
the Member ceases to be a GESB Super (Retirement Access) Member;
(d)
for a nomination that includes a statement referred to in subregulation (1 A)(b)(ii) - the period referred to in that subregulation expires.
(1 C) If a binding death benefit nomination is in force in
when the Member dies, the Board must pay the
respect of a GESB Super (Retirement Access) Member nomination unless any person specified in the nomination as a person to whom all or any percentage of the death benefit is to be paid -
(a)
cannot be found after the Board has made reasonable enquiries; or
(b)
is not a permitted nominee of the Member at the time of the Member's death.
(1D) If no binding death benefit nomination is in force in
respect of a GESB Super (Retirement Access) Member when the Member dies, or subregulation (1 Q(a) or (b) applies, then subject to subregulation (3) the Board
must pay the Member's death benefit to the executor of
the Member's will or administrator of the Member's
estate.
(3) In regulation 219(2) delete "subregulation (1) to the executor"
and insert:subregulation (1C) or (1D) to the executor of a Member's will (4) In regulation 219(3):
(a) delete the passage that begins with "If the Board and ends with "hardship," and insert: If—
(a) either —
(i) no binding death benefit nomination is
in force in respect of a GESB Super
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(Retirement Access) Member when the
Member dies; or
(ii) subregulation (1 Q(a) or (b) applies;
and
(b) the Board -
(i) has been unable, after making of the Member's will or administrator of the Member's estate; or
(ii) considers it desirable to do so in order to relieve or avoid hardship,
(b) before "benefit -" insert: death
(5) Delete regulation 219(4). Note: The heading to amended regulation 219 is to read: Binding death benefit nomination and payment of death benefit
14. Regulation 219AA amended
In regulation 219AA delete "an eligible rollover fund if that fund is permitted by the SIS Act" and insert:
the Commonwealth Commissioner of Taxation if the Commissioner is permitted under the Commonwealth Unclaimed Money Act
Note: The heading to amended regulation 219AA is to read:
Transfer of Member's balance to Commonwealth Commissioner
of Taxation
15. Regulation 219D amended
(1) In regulation 21 9D(2) delete "to the fund determined under" and
insert:in accordance with (2) In regulation 2191)(3):
(a) delete "The superannuation fund to which the amount is
to be transferred is -" and insert:The amount must be transferred to -
7 May 2021 GOVERNMENT GAZETTE, WA 1677
(b) delete paragraph (d) and insert:
(d)
if none of paragraphs (a), (b) and (c) applies - the Commonwealth Commissioner of Taxation, if the Commissioner is permitted under the
Commonwealth Unclaimed Money Act to
accept the transfer.
16. Regulation 219H amended
In regulation 219H(2):
(a)
in paragraph (c) delete "fund" and insert: fund, scheme or person
(b) delete paragraph (d)(ii) and insert: (ii) the Commonwealth Commissioner of
Taxation in accordance with
regulation 2191)(3)(d), details of howthe Commissioner can be contacted.
Note: The heading to amended regulation 219H is to read:
Notice of transfer under r. 219D
17. Regulation 224E amended
In regulation 224E:
(a) delete the passage that begins with "If the Board" and ends with "fund -" and insert: If the Board transfers a benefit to the Commonwealth
Commissioner of Taxation under regulation 79, 126, 21 9AA or 219D, the Board must give to the Commissioner -
(b)
in paragraph (a) delete "Member" and insert: person
(c)
in paragraph (b) delete "Member" and insert: person entitled to the benefit
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(d) in paragraph (c) delete "trustee of the eligible rollover
fund to locate or identify the Member," and insert:Commissioner to locate or identify the person entitled to the benefit,
Note: The heading to amended regulation 224E is to read:
Information to be given if benefit transferred to Commonwealth
Commissioner of Taxation
18. Regulation 246B amended
In regulation 246B(l)(a) delete "executor or administrator of the estate of a Member—" and insert:
executor of the Member's will or administrator of the Member's
estate -19. Regulation 246C inserted
At the end of Part 8 Division 1 insert:246C. Board must approve period for which limited
binding death benefit nominations remain in force
(1) In this regulation - limited binding death benefit nomination means a
binding death benefit nomination under regulation 48,
80, 121, 194, 196U or 219, other than a binding death
benefit nomination that includes a statement that the
nomination is to remain in force indefinitely.(2) The Board must approve the period for which limited
binding death benefit nominations are to remain in
force. (3) The Board may revoke an approval under subregulation (2) by a subsequent approval under that
subregulation.N. HAGLEY, Clerk of the Executive Council.
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