State Superannuation Amendment Regulations (No. 2) 2016 (WA)
10 January 2017 GOVERNMENT GAZETTE, WA 147 TREASURY AND FINANCE
TR301
State Superannuation Act 2000
State Superannuation Amendment Regulations
(No. 2) 2016
Made by the Governor in Executive Council.
1. Citation
These regulations are the State Superannuation Amendment
Regulations (No. 2) 2016.2. 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, other than regulations 5, 6 and 15 — on the day after that day;
(c) regulations 5, 6 and 15 — on 1 July 2017. 3. Regulations amended
These regulations amend the State Superannuation
Regulations 2001.4. Regulation 3 amended
(1) In regulation 3(1) delete the definition eligible termination
payment.(2) In regulation 3(1) insert in alphabetical order: release authority means a release authority issued by
the Commonwealth Commissioner of Taxation
under —
(a) the Income Tax Assessment Act 1997 (Commonwealth) Division 292; or (b) Taxation Administration Act 1953 the or 135;
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5. Regulation 50A amended
After regulation 50A(1) insert:
(1A) Subregulation (1) does not prevent a person whose
membership of the West State Super Scheme is
terminated under regulation 53(2) from resuming
membership under regulation 53(3).6. Regulation 53 amended
(1) In regulation 53:
(a) delete “A person” and insert: (1) A person
(b) in paragraph (d) delete “regulation 79AAA.” and insert: regulation 79AAA; or
(c) after paragraph (d) insert:
(e) the Board terminates the person’s membership of the West State Super Scheme under
subregulation (2).
(2) At the end of regulation 53 insert:
(2) The Board may terminate a person’s membership of
the West State Super Scheme if —
(a) the balance of the person’s west state account is reduced to zero other than in any of the
circumstances mentioned in
subregulation (1)(a) to (d); and(b)
the Board reasonably believes that no further amount will be credited to the account.
(3) A person whose membership is terminated under
subregulation (2) may resume membership of the West
State Super Scheme by tendering a contribution to the
Fund in accordance with subregulation (4).(4) For the purposes of subregulation (3) a contribution —
(a) must be of at least the minimum amount fixed subregulation (3); and
(b)
must be tendered within 30 days after the Board gives the member information about the
10 January 2017 GOVERNMENT GAZETTE, WA 149 termination of membership under
regulation 224B.
(5) A person who resumes membership of the West State
Super Scheme under subregulation (3), is taken to have
been a West State Super Member continuously since
before the termination of membership.7. Regulation 65 replaced
Delete regulation 65 and insert:
65. Transfer of benefits to scheme by Member
A West State Super Member may transfer to the West State Super Scheme a benefit accrued in respect of the Member in another superannuation fund by paying, or arranging the payment of, the amount of that benefit to the Fund.
8. Regulation 67 amended
In regulation 67(1):
(a) in paragraph (c) delete “or other eligible termination payments”; (b) in paragraph (d) delete “regulation 69.” and insert: regulation 69; and
(c) after paragraph (d) insert:
(e)
any amounts transferred from reserves maintained under section 20A of the Act in
accordance with the Board’s reserving strategy
and any relevant Treasurer’s guidelines.
9. Regulation 68 amended
In regulation 68(1):
(a) in paragraph (d) delete “regulation 248B(5)(d); and” insert:
regulation 248B(2)(b); and
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(b) delete paragraph (f) and insert:
(f) any amounts paid in respect of the Member or regulation 69AA, 69AB or 69AC; and
10. Regulation 69AC inserted
At the end of Part 3 Division 4 insert:
69AC. Payments in accordance with release authority If the Board is given a release authority in respect of a West State Super Member, it may make a payment in respect of the Member in accordance with the release authority. 11. Regulation 69E amended
In regulation 69E(2)(b) delete “any benefits or other eligible
termination payments transferred to the Fund,” and insert:benefits transferred, to the Fund
12. Regulation 70B amended
Delete regulation 70B(4).
13. Regulation 79AA amended
In regulation 79AA(4) in the definition transferred benefit
delete “or other eligible termination payment”.
14. Regulation 83 amended
In regulation 83(1) insert in alphabetical order:
Kiwisaver scheme has the meaning given in the Income
Tax Assessment Act 1997 (Commonwealth)
section 995-1(1);
15. Regulation 87 amended
(1) In regulation 87:
(a) delete “A person” and insert: (1) A person
10 January 2017 GOVERNMENT GAZETTE, WA 151
(b) in paragraph (d) delete “regulation 121A.” and insert: regulation 121A; or
(c) after paragraph (d) insert:
(e) the Board terminates the person’s membership
under subregulation (2).
(2) At the end of regulation 87 insert:
(2) The Board may terminate a person’s membership of the GESB Super Scheme if —
(a) the balance of the person’s GESB Super account is reduced to zero other than in any of
the circumstances mentioned in
subregulation (1)(a) to (d); and(b)
the Board reasonably believes that no further amount will be credited to the account.
(3)
A person whose membership is terminated under subregulation (2) may resume membership of the GESB Super Scheme by tendering a contribution to the
Fund in accordance with subregulation (4). (4) For the purposes of subregulation (3) a contribution —
(a) must be of at least the minimum amount fixed subregulation (3); and
(b) gives the member information about the
must be tendered within 30 days after the Board regulation 224B.
(5) A person who resumes membership of the GESB Super
Scheme under subregulation (3), is taken to have been
a GESB Super Member continuously since before the
termination of membership.16. Regulation 96 amended
In regulation 96(3):
(a) delete paragraphs (a), (aa) and (b) and insert:
(a)
a benefit accrued in respect of the person in another scheme or superannuation fund; or
(aa) an amount available for transfer under
regulation 44B,
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(b) delete “the amount of that benefit or payment” and insert:
that benefit or amount
17. Regulation 102 amended
In regulation 102(1):
(a) in paragraph (c) delete “or other eligible termination payments”; (b) in paragraph (g) delete “regulation 104.” and insert: regulation 104; and
(c) after paragraph (g) insert:
(h)
any amounts transferred from reserves maintained under section 20A of the Act in
accordance with the Board’s reserving strategy
and any relevant Treasurer’s guidelines.
18. Regulation 103 amended
Delete regulation 103(1)(e) and insert:
(e) any amount paid in respect of the Member or in respect of the account under regulation 105A, 105B or 105C; and
19. Regulation 105C inserted
At the end of Part 3A Division 4 insert:
105C. Payments in accordance with release authority If the Board is given a release authority in respect of a
GESB Super Member, it may make a payment in
respect of the Member in accordance with the release
authority.20. Regulation 109 amended
In regulation 109(2)(b) delete “or other eligible termination
payments”.
10 January 2017 GOVERNMENT GAZETTE, WA 153 21. Regulation 120 amended
(1) In regulation 120(1) delete “scheme or to another
superannuation fund” and insert:scheme, to another superannuation fund or, subject to and in
accordance with the SIS Regulations Part 12A, to a Kiwisaver
scheme(2) In regulation 120(2) after “scheme” insert: or, subject to and in accordance with the SIS Regulations
Part 12A, to a Kiwisaver scheme22. Regulation 122 amended
In regulation 122(7) in the definition transferred benefit delete
“or other eligible termination payment”.
23. Regulation 172 amended
Delete regulation 172(1)(b).
24. Regulation 175 amended
(1) In regulation 175(1) delete “or eligible termination payment”. (2) Delete regulation 175(2)(b). 25. Regulation 176 amended
Delete regulation 176(1)(b).
26. Regulation 177 amended
Delete regulation 177(1)(b)(ii).
27. Regulation 177A amended
In regulation 177A delete “ fund or the payer of the eligible
termination payment.” and insert:fund.
28. Regulation 180 amended
In regulation 180(1):
(a) in paragraph (c) delete “regulation 182.” and insert: regulation 182; and
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(b) after paragraph (c) insert:
(d)
any amounts transferred from reserves maintained under section 20A of the Act in
accordance with the Board’s reserving strategy
and any relevant Treasurer’s guidelines.
29. Regulation 181 amended
Delete regulation 181(1)(d) and insert:
(d) any amount paid in respect of the Member or in respect of the account under regulation 196AA, 196AB or 196AD; and
30. Regulation 196AD inserted
At the end of Part 4 Division 6 insert:
196AD. Payments in accordance with release authority
If the Board is given a release authority in respect of a
Retirement Income Member, it may make a payment in
respect of the Member in accordance with the release
authority.
31. Regulation 196B amended
Delete regulation 196B(1)(b).
32. Regulation 196D amended
(1) In regulation 196D(1) delete “or eligible termination payment”. (2) Delete regulation 196D(2)(b). (3) In regulation 196D(5) delete “fund or the payer of the eligible
termination payment.” and insert:fund. 33. Regulation 196G amended
In regulation 196G(1):
(a) in paragraph (b) delete “regulation 196I.” and insert: regulation 196I; and
10 January 2017 GOVERNMENT GAZETTE, WA 155
(b) after paragraph (b) insert:
(c)
any amounts transferred from reserves maintained under section 20A of the Act in
accordance with the Board’s reserving strategy
and any relevant Treasurer’s guidelines.
34. Regulation 196H amended
In regulation 196H(1) delete “as benefits”.
35. Regulation 196W inserted
At the end of Part 4A Division 5 insert:
196W. Payments in accordance with release authority If the Board is given a release authority in respect of a
Term Allocated Pension Member, it may make a
payment in respect of the Member in accordance with
the release authority.36. Regulation 206 replaced
Delete regulation 206 and insert:
206. Transfer of benefits to scheme by Member
A GESB Super (Retirement Access) Member may
transfer to the GESB Super (Retirement Access)
Scheme a benefit that is immediately payable to the
Member from another scheme or from another
superannuation fund by paying, or arranging the
payment of, the amount of that benefit to the Fund.
37. Regulation 206B amended
In regulation 206B delete “fund or the payer of the eligible
termination payment.” and insert:fund.
38. Regulation 208 amended
In regulation 208(1):
(a)
in paragraph (c) delete “or other eligible termination payments”;
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(b) in paragraph (d) delete “regulation 210.” and insert: regulation 210; and
(c) after paragraph (d) insert:
(e)
any amounts transferred from reserves maintained under section 20A of the Act in
accordance with the Board’s reserving strategy
and any relevant Treasurer’s guidelines.
39. Regulation 215 amended
In regulation 215(2)(b) delete “or other eligible termination
payments transferred to the Fund,” and insert:transferred, to the Fund
40. Regulation 217 amended
In regulation 217(1A):
(a) in paragraph (b) delete “worker; or” and insert: worker.
(b) delete paragraph (c). 41. Regulation 219D amended
In regulation 219D(3)(c) delete “GESB Superannuation within
the meaning given in section 42(1) of the Act.” and insert:the GESB Super Scheme.
42. Regulation 219H amended
In regulation 219H(2)(d) delete “GESB Superannuation” and
insert:
the GESB Super Scheme
43. Regulation 223 amended
In regulation 223(2)(b)(iv) delete “or other eligible termination
payments”.
10 January 2017 GOVERNMENT GAZETTE, WA 157 44. Regulation 225A replaced
Delete regulation 225A and insert:
225A. How Board to give information The Board is to give the information required to be given under regulation 221 to 224E — (a) in writing; or
(b) Corporations Act 2001 (Commonwealth)
by any other means which is consistent with the to the information to be given, having regard to any exemptions or modifications made under that Act.
45. Schedule 1 amended
(1) In Schedule 1 Division 1 delete item 5. (2) In Schedule 1 Division 1 insert in numerical order:
23B. Regional Development Commissions established by the Regional Development Commissions Act 1993 24.
School Curriculum and Standards Authority established by the School Curriculum and Standards Authority Act 1997
25.
Small Business Development Corporation established by the Small Business Development Corporation Act 1983
25A. The Aboriginal Affairs Planning Authority continued by
the Aboriginal Affairs Planning Authority Act 1972
(3) In Schedule 1 Division 2 delete items 45A, 45 and 47.
R. NEILSON, Clerk of the Executive Council.
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