State Superannuation Amendment Regulations (No. 2) 2025 (WA)

Western Australia

State Superannuation Act 2000

State Superannuation Amendment Regulations (No. 2) 2025

Western Australia

State Superannuation Amendment Regulations (No. 2) 2025 Contents State Superannuation Act 2000

State Superannuation Act 2000

State Superannuation Amendment Regulations (No. 2) 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the State Superannuation Amendment Regulations (No. 2) 2025.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (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

In regulation 3(1) insert in alphabetical order:

non‑government contribution means a superannuation contribution received from a non‑government contributor;

5.Regulation 50 amended

• (1)

  After regulation 50(1A)(b) insert:

   
  • (ba)

    if the West State Super Member in whose name the account is maintained is a voluntary GESB Super Member, no relevant contribution has been credited to the Member’s GESB Super account; and

     
• (2)

  After regulation 50(1B)(a) insert:

   
  • (aa)

    if the West State Super Member in whose name the account is maintained is a voluntary GESB Super Member, no relevant contribution has been credited to the Member’s GESB Super account; and

     
  6.Part 3 Division 3 Subdivision 1A deleted

Delete Part 3 Division 3 Subdivision 1A.

7.Regulation 65BB amended

Delete regulation 65BB(3).

8.Regulation 67 amended

• (1)

  In regulation 67(1):

  • (a)

    delete “The Board is to” and insert:

     

  Subject to subregulation (3), the Board must

   
  • (b)

    in paragraph (a) after “contributions made” insert:

     

  to the West State Super Scheme

   
  • (c)

    in paragraph (b) delete “for the Member” and insert:

     

  made to the West State Super Scheme for the Member and

   
  • (d)

    in paragraph (c) delete “Fund” and insert:

     

  West State Super Scheme

   
  • (e)

    in paragraph (ca) delete “under this Part” and insert:

     

  to the West State Super Scheme

   
  • (f)

    in paragraph (e) after “transferred” insert:

     

  to the West State Super Scheme

   
  • (g)

    in paragraph (f) after “transfers” insert:

     

  to the West State Super Scheme for the Member

   
• (2)

  After regulation 67(2) insert:

   
• (3)

  The Board must not credit a non‑government contribution to a West State Super Member’s west state account.

   

9.Regulation 68 amended

In regulation 68(1):

• (a)

  delete “is to” and insert:

   

must

 

• (b)

  in paragraph (b) after “benefits” insert:

   

from the West State Super Scheme

  10.Regulation 69AA amended

In regulation 69AA:

• (a)

  delete “is to” and insert:

   

must

 

• (b)

  delete “the member” and insert:

   

the member’s interest in the West State Super Scheme

  11.Regulation 69AB amended

In regulation 69AB(b) delete “an” and insert:

a West State Super

12.Regulation 69AC amended

In regulation 69AC —

• (a)

  delete “Member,” and insert:

   

account,

 

• (b)

  delete “Member” and insert:

   

account

  13.Regulation 79AAA amended

In regulation 79AAA(b) after “payable” insert:

from the West State Super Scheme

14.Regulation 83 amended

• (1)

  After regulation 83(1A)(b) insert:

   
  • (ba)

    if the GESB Super Member in whose name the account is maintained is a West State Super Member, no relevant contribution has been credited to the Member’s west state account; and

     
• (2)

  After regulation 83(1B)(a) insert:

   
  • (aa)

    if the GESB Super Member in whose name the account is maintained is a West State Super Member, no relevant contribution has been credited to the Member’s west state account; and

     
  15.Regulation 84 amended
• (1)

  In regulation 84(1) delete “he or she” and insert:

   

the person

• (2)

  In regulation 84(2):

  • (a)

    in paragraph (a) delete “Member, other than a Member for whom a contribution to the West State Super Scheme cannot be made because of regulation 53A; or” and insert:

     

  Member; or

   
  • (b)

    in paragraph (c) delete “his or her” and insert:

     

  the person’s

   
• (3)

  In regulation 84(5) delete “he or she” and insert:

   

the worker

Note: The heading to amended regulation 84 is to read:

Statutory GESB Super Members

16.Regulation 85 amended

• (1)

  After regulation 85(1A) insert:

   
• (1B)

  A person who is not otherwise a GESB Super Member becomes a voluntary GESB Super Member when the Board first receives a non‑government contribution for the benefit of the person.

   
• (2)

  In regulation 85(2) delete “Member unless he or she is a West State Super”.

• (3)

  Delete regulation 85(2a).

Note: The heading to amended regulation 85 is to read:

Voluntary GESB Super Members

17.Regulation 93 amended

• (1)

  In regulation 93(1) delete “Subject to subregulation (2), the” and insert:

   

The

• (2)

  Delete regulation 93(2).

Note: The heading to amended regulation 93 is to read:

Accepting Commonwealth payments

18.Regulation 94 amended

• (1)

  In regulation 94(1):

  • (a)

    delete “Subject to subregulation (2), a” and insert:

     

  A

   
  • (b)

    delete “himself or herself if he or she” and insert:

     

  the person if the person

   
• (2)

  Delete regulation 94(2).

Note: The heading to amended regulation 94 is to read:

Making Member contributions

19.Regulation 95 amended

• (1)

  In regulation 95(1) delete “Subject to subregulation (2), a” and insert:

   

A

• (2)

  Delete regulation 95(2).

Note: The heading to amended regulation 95 is to read:

Members contributing for partners

20.Regulation 96 amended

• (1)

  In regulation 96(1):

  • (a)

    delete “Subject to subregulation (2), a” and insert:

     

  A

   
  • (b)

    delete “he or she” and insert:

     

  the person

   
• (2)

  Delete regulation 96(2).

• (3)

  In regulation 96(3) delete “himself or herself —” and insert:

   

the person —

21.Regulation 98 amended

Delete regulation 98(3).

22.Regulation 99 amended

• (1)

  In regulation 99(1) delete “Subject to subregulation (2) the” and insert:

   

The

• (2)

  Delete regulation 99(2).

Note: The heading to amended regulation 99 is to read:

Accepting contributions‑split transfers

23.Regulation 102 amended

In regulation 102(1):

• (a)

  delete “is to” and insert:

   

must

 

• (b)

  in paragraph (a) delete “made” and insert:

   

(including non‑government contributions) made to the GESB Super Scheme

 

• (c)

  in paragraph (b) delete “accepted for the Member” and insert:

   

made to the GESB Super Scheme for the Member and accepted

 

• (d)

  in paragraph (c) delete “Fund” and insert:

   

GESB Super Scheme

 

• (e)

  in paragraph (f) delete “under this Part” and insert:

   

to the GESB Super Scheme

 

• (f)

  in paragraph (h) after “transferred” insert:

   

to the GESB Super Scheme

 

• (g)

  in paragraph (i) after “transfers” insert:

   

to the GESB Super Scheme

  24.Regulation 103 amended

In regulation 103(1)(c) after “deducted” insert:

from the account

25.Regulation 105C amended

In regulation 105C:

• (a)

  delete “Member,” and insert:

   

account,

 

• (b)

  delete “Member” and insert:

   

account

  26.Regulation 113A inserted

At the end of Part 3A Division 6 Subdivision 3 insert:

113A. Insurance for dual members

• (1)

  In this regulation —

covered risk benefits Member has the meaning given in regulation 69G;

dual member means a voluntary GESB Super Member who is also a West State Super Member.

• (2)

  The Board is not required to provide life insurance under regulation 111 or any insurance under regulation 112 for a dual member who —

  • (a)

    is a covered risk benefits Member; or

  • (b)

    has ceased to be a covered risk benefits Member under regulation 69J.

     
  27.Regulation 248B amended
• (1)

  Delete regulation 248B(1) and insert:

   
• (1)

  In this regulation —

contributor means —

• (a)

  an Employer; and

• (b)

  a non‑government contributor;

overpayment means a payment by a contributor of an amount of superannuation contribution that is not required —

• (a)

  in the case of an Employer — under the Act; or

• (b)

  in the case of a non‑government contributor — under the SGA Act, to avoid incurring an individual superannuation guarantee shortfall for any of its employees; or

• (c)

  in either of the cases referred to in paragraphs (a) and (b) —

• (i)

  under any award, determination, order, enterprise agreement or similar industrial instrument; or

• (ii)

  under any contract of employment.

   
• (2)

  In regulation 248B(2):

  • (a)

    delete “an Employer” and insert:

     

  a contributor

   
  • (b)

    in paragraph (a)(i) delete “Employer” and insert:

     

  contributor

   
  • (c)

    in paragraph (a)(ii) delete “Employer;” and insert:

     

  contributor;

   
  • (d)

    in paragraph (b)(i) delete “Employer” and insert:

     

  contributor

   
• (3)

  In regulation 248B(3):

  • (a)

    delete “An Employer” and insert:

     

  Subject to subregulation (4), a contributor

   
  • (b)

    delete “may, subject to any contrary instruction issued by the Treasurer under the Financial Management Act 2006 section 78,” and insert:

     

  may

   
• (4)

  After regulation 248B(3) insert:

   
• (4)

  An Employer must not make the election referred to in subregulation (3) if doing so would contravene an instruction issued by the Treasurer under the Financial Management Act 2006 section 78.

   

Note: The heading to amended regulation 284B is to read:

Overpayment of contributions

28.Schedule 1 Division 2 amended

Delete Schedule 1 Division 2 item 2.

N. HAGLEY, Clerk of the Executive Council