Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
benefits means pensions or other benefits payable
under the scheme, whether provided for under Part IV or under a determination
made under this section.
(2) Notwithstanding
Parts III and IV and section 25 the Tribunal may inquire into and
determine any matter in connection with contributions to and the benefits
payable under the scheme.
(3) Without limiting
subsection (2), the Tribunal may inquire into and determine any of the
following matters —
(a)
reductions (including to zero) in the amount of contributions to be made to
the scheme in respect of members;
(b) when
and in what circumstances benefits are to be payable, including for example
that benefits shall not be payable until a former member attains an age
specified by the Tribunal in its determination;
(c) in
the case of the death of persons entitled to benefits —
(i)
the entitlements of the estates of those persons;
(ii)
the entitlements of other persons;
(d) to
whom benefits may be paid;
(e) how
the amount of benefits and increases in them are to be calculated;
(f) when
payments of benefits are to be made, including for example how frequently
pensions are to be paid;
(g) how
benefits may be paid, for example, as lump sums or pensions or a combination
of both;
(h) the
portability of benefits;
(i)
when and in what circumstances pensions may be wholly or
partly commuted and how commutations are to be calculated;
(ia)
things that may be done to satisfy the requirements of Division 2.2 of
the Family Law (Superannuation) Regulations 2001 of the Commonwealth;
(j) any
matter connected with any of the matters in paragraphs (a) to (ia).
(4) A determination
under subsection (2) —
(a)
shall not have the effect of changing the scheme from being one under which
former members are entitled to be paid a pension that is calculated as set out
in section 14;
(b)
shall not have the effect of reducing the amount of any benefits
that —
(i)
had accrued or become payable to a person before the
determination;
(ii)
had accrued before the determination and to which a
member who has contributed to the scheme for not less than 7 years but
less than 12 years may become entitled under section 14(1)(b); or
(iii)
are, or may become, payable in relation to a period
before the determination;
(c)
shall not have the effect of changing the circumstances under which a member
may qualify for a pension under section 14(1)(b);
(d)
shall be in accordance with any law of the Commonwealth that is applicable to
the scheme; and
(e) may
make the same provision for all cases or different provisions for different
cases or classes of case.
(5)
Subsection (4) does not prevent the making of a determination that
reduces or provides for the reduction of any benefits to which a member or
former member is or will become entitled if —
(a) a
superannuation agreement, flag lifting agreement or splitting order is in
force in respect of the member or former member; and
(b) the
reduction does not reduce those benefits to less than the member’s or
former member’s entitlement under the agreement or order.
(6) In
subsection (5), flag lifting agreement , splitting order and
superannuation agreement each have the meaning given to them in
section 90MD of the Family Law Act 1975 of the Commonwealth.
[Section 28 inserted by No. 37 of 2000
s. 17; amended by No. 18 of 2006 s. 4.]