State Superannuation Amendment Regulations (No. 4) 2025 (WA)

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Western Australia

State Superannuation Act 2000

State Superannuation Amendment Regulations (No. 4) 2025

Western Australia

State Superannuation Amendment Regulations (No. 4) 2025 Contents State Superannuation Act 2000

State Superannuation Act 2000

State Superannuation Amendment Regulations (No. 4) 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the State Superannuation Amendment Regulations (No. 4) 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 44E inserted

At the end of Part 2 Division 4 insert:

44E. Early release of benefit to Members 65 years and over

  • (1)

    This regulation applies to a Gold State Super Member who is —

    • (a)

      an eligible Gold State worker; and

    • (b)

      at least 65 years of age.

  • (2)

    The Member may apply to the Board for the early release of all or part of a benefit under this Division that the Member is not yet entitled to.

  • (3)

    An application cannot be made for an amount that is —

    • (a)

      less than the pre‑set minimum (if any); or

    • (b)

      more than the amount of the benefit under regulation 38 to which the Member would be entitled if the Member ceased to be a worker on the day on which the Member makes the application.

  • (4)

    If the Board receives an application under subregulation (2), the Board must —

    • (a)

      determine the consequent reduction that would, if the amount requested is released to the Member, be made to the amount of any benefit subsequently arising in respect of the Member under this Division; and

    • (b)

      inform the Member of the reduction.

  • (5)

    The consequent reduction under subregulation (4)(a) must be a reduction by a specified amount of the multiple of final remuneration used to calculate the amount of the benefit.

  • (6)

    If, after being informed of the consequent reduction under subregulation (4)(b), the Member, in writing given to the Board, elects to receive the amount applied for —

    • (a)

      the Board must pay the Member the amount applied for; and

    • (b)

      the amount of any benefit arising in respect of the Member under this Division after the election is reduced in accordance with the Board’s determination under subregulation (4)(a).

  • (7)

    An amount payable to the Member under this regulation is not a benefit to which a reduction under subregulation (6)(b) or regulation 44A(1) or 44B(6)(c) applies.

  • (8)

    However, subregulation (7) does not affect a reduction under subregulation (6)(b) or regulation 44A(1) or 44B(6)(c) reducing the amount, referred to in subregulation (3)(b), of the benefit under regulation 38 to which the Member would be entitled if the Member ceased to be a worker on the day on which the Member makes the application.

     
5.Regulation 45 amended
  • (1)

    In regulation 45(1) delete “47 and 47A” and insert:

     

47, 47A and 47B,

  • (2)

    In regulation 45(2) delete “plus interest under regulation 46”.

  • (3)

    At the end of regulation 45(2) insert:

     

Note for this subregulation:

The amount of a GSS withdrawal benefit includes interest accrued on the benefit. See regulation 46.

  • (4)

    In regulation 45(3) delete “plus interest under regulation 46”.

Note: The heading to amended regulation 45 is to read:

Restriction on payment of GSS withdrawal benefit

6.Regulation 46 amended
  • (1)

    In regulation 46:

    • (a)

      delete “Interest” and insert:

       
  • (1)

    Interest

     
    • (b)

      before “GSS” insert:

       

    preserved

     
  • (2)

    At the end of regulation 46 insert:

     
  • (2)

    Interest accrued under subregulation (1) forms part of the Gold State Super Member’s preserved GSS withdrawal benefit.

  • (3)

    If the amount of a Gold State Super Member’s preserved GSS withdrawal benefit is reduced, interest continues to accrue on any remaining amount of the Member’s benefit under subregulation (1).

     

Note: The heading to amended regulation 46 is to read:

Interest accrued on preserved GSS withdrawal benefit

7.Regulation 46A amended

In regulation 46A before “GSS” insert:

preserved

Note: The heading to amended regulation 46A is to read:

Reduction of preserved GSS withdrawal benefit if payment under r. 47A

8.Regulation 47 amended

In regulation 47(4) delete “benefit plus interest under regulation 46,” and insert:

benefit,

9.Regulation 47A amended

In regulation 47A(6)(a) delete “this Division; or” and insert:

Division 4; or

10.Regulation 47B inserted

After regulation 47A insert:

47B. Early payment of preserved GSS withdrawal benefit to workers 65 years and over

  • (1)

    This regulation applies to a Gold State Super Member who is —

    • (a)

      a worker entitled to a preserved GSS withdrawal benefit that is not yet payable under regulation 45(1); and

    • (b)

      at least 65 years of age.

  • (2)

    The Member may apply to the Board for the payment of all or part of the Member’s preserved GSS withdrawal benefit.

  • (3)

    If the Board receives an application under subregulation (2), the Board must pay the Member the amount requested.

  • (4)

    However, the Board must not pay an amount that —

    • (a)

      is less than the pre‑set minimum (if any); or

    • (b)

      would reduce the remaining amount of the Member’s preserved GSS withdrawal benefit to less than the pre‑set minimum (if any).

  • (5)

    Subregulation (4)(b) does not apply if the application is for payment of all of the Member’s preserved GSS withdrawal benefit.

  • (6)

    If all or part of the Member’s preserved GSS withdrawal benefit is paid under this regulation, the amount of the benefit is reduced by an amount equal to the amount of the benefit that is paid to the Member.

     
11.Schedule 2 amended

In Schedule 2 clause 4(6):

  • (a)

    delete “46(a),” and insert:

     

46(1)(a),

 
  • (b)

    delete “46” and insert:

     

46(1)

 
12.Schedule 3 amended

In Schedule 3 clause 25 delete “46(c).” and insert:

46(1)(c).

Note: The heading to amended Schedule 3 clause 25 is to read:

Effect of current determination under GES Act s. 40(3) as to interest on deferred benefit for r. 46(1)(c)

N. HAGLEY, Clerk of the Executive Council

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