Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
subject to the context —
Actuary means a Fellow or Associate of the
Institute of Actuaries (London) or a Fellow or Associate of the Faculty of
Actuaries (Edinburgh), or any other person of whose actuarial knowledge and
experience the Governor approves;
actuarial reserve portion of contributions means
the balance deemed to remain in the Fund to meet future risks after the
estimated value of the risks carried by the Fund during the period of
contributions has been assessed on an actuarial basis;
children includes children adopted by a
contributor or by a pensioner who has been a contributor and dependent on him
at the time of his death;
contributor means an employee who is or has been
contributing under this Act otherwise than as a qualified contributor;
department means any department under the
administration of a Minister of the Crown in the Government of the State and
includes the Western Power Corporation, the Water Corporation 3 , every State
trading concern, every port authority, every college (within the meaning of
the Vocational Education and Training Act 1996 ), and every Crown
instrumentality the employees whereof are remunerated with moneys (other than
grants) appropriated by the Parliament of the State for the purpose of such
Crown instrumentality.
The term department shall, subject as hereinafter
provided, also include every hospital board and any other corporate body,
being a Crown instrumentality established by or under any Act of the
Parliament of the State, the inclusion of which hospital board or other
corporate body in the said term is recommended by the Minister and is approved
by the Treasurer.
Provided that —
(i)
before approving the inclusion in the term
“department” as aforesaid of any such hospital board or other
corporate body, the Treasurer may require such hospital board or other
corporate body to make arrangements satisfactory to the Treasurer whereby such
hospital board or other corporate body is bound to pay and will pay to the
Board on behalf of the State during the employment of its employees who become
contributors under this Act and thereafter will continue to pay to the Board
on behalf of the State so long as may be necessary progressively by way of
fortnightly contributions commencing from the date or dates when its employees
become contributors under the Act as aforesaid, and payable fortnightly on the
days when the contributions by such employees are payable or otherwise on the
days when in accordance with section 43 and section 44 payments of
its share of the pensions are payable by the Government of the State as the
case may be, such amounts in respect of each and every one of its employees
who become contributors as aforesaid as are and will be, in the opinion of the
Board, sufficient to meet and recoup to the Government of the State the
amounts which in accordance with section 43 and section 44 the
Government will be liable to pay as its share of the pension or other benefits
to which the employees of such hospital board or other corporate body and
their dependants will be or are entitled by virtue of being or having been
contributors under this Act; and
(ii)
as and when any hospital board or other corporate body is
approved by the Treasurer as a department for the purposes of this Act,
notification of such approval shall be published in the Government Gazette ;
employee means a person employed in a permanent
capacity under the State in any department who is by the terms of his
employment required to give his whole time to the duties of his employment,
but does not include the Chief Justice or any Judge of the Supreme Court or
the President or any member of the Court of Arbitration 5 , and does not
include a person who is a contributor to any Superannuation Fund to which
contributions are made by the Crown other than the Crown in right of Western
Australia.
For the purposes of this
definition —
(a) a
person shall be deemed to be employed in a permanent capacity when he is
regularly employed in the ordinary work of the department in which he is
employed in circumstances which justify an expectation that, subject to good
conduct and efficiency, his employment will be continuous and permanent;
(aa) a
person who is an executive officer within the meaning of the
Public Sector Management Act 1994 shall be deemed to be employed in a
permanent capacity;
(b) a
person shall not be deemed to be employed in a permanent capacity when he is
employed casually or in connection with a particular work or undertaking, the
completion of which will put an end to his employment;
hospital board means —
(a) a
hospital board constituted under the Hospitals and Health
Services Act 1927 ; and
(b) if
the Minister to whom the administration of the Hospitals and Health Services
Act 1927 is committed is deemed by section 7(2) of that Act to be
the board of a hospital, the Minister in his or her capacity as that board;
member of the Police Force includes the
Commissioner of Police, a commissioned officer, a non-commissioned officer, a
constable and an Aboriginal police liaison officer, but excludes a special
constable;
Minister means the Minister of the Crown from time
to time charged with the administration of this Act;
Police Benefit Fund means the Police Benefit Fund
as established and administered under the Police Benefit Fund Ordinance 1866
30 Victoriae No. 10 and its amendments 6 ;
qualified contributor means an employee who elects
to contribute to the Fund the special contribution in respect of a pension to
his widow and children as provided for in section 34(2) and (4);
Railway Death Benefit and Endowment Fund means the
Western Australian Government Railways and Tramways Employees’ Death
Benefit and Endowment Fund as established and administered under the authority
of section 76 7 of the Government Railways Act 1904 ;
salary means salary or wages and includes the
value of allowances such as allowances for rent, house allowed rent free,
light, fuel, rations and fees allowed regularly, as emoluments of office, but
does not include bonuses, overtime payments or allowances for forage,
equipment, climatic disadvantages or travelling expenses;
service means service under or employment by or
under the State in any department;
student child means a child who is not less than
16 years of age but is less than 25 years of age and is receiving
full-time education at a school, college or university;
term appointee means an employee whose
appointment, whether or not to a statutory office, is for a determinate period
but does not include an employee to whom subsection (3) applies;
the Board means the Government Employees
Superannuation Board under the State Superannuation Act 2000 ;
the Fund means the Superannuation Fund established
by this Act;
the Provident Account means the Provident Account
established under Part VA;
the maximum age for retirement means the age of
65 years, or, in the case of a contributor, the age for whose retirement
is fixed by law at an earlier age than 65 years, the age so fixed;
the 1987 Act means the Government Employees
Superannuation Act 1987 .
(2) References in this
Act to the retirement of an employee upon his attaining the age of
65 years shall include the case of an employee whose retirement takes
place on the day before he attains the age of 65 years.
(3) Where an employee
has been or is appointed, whether before or after the commencement of this
Act, for a term of years to a statutory office under the Government of the
State he shall for the purposes of this Act be deemed, so long as he continues
to be employed in the office (whether during or after the expiration of the
term for which he was appointed) to continue to be an employee, and the
cessation of his employment under the Government of the State (otherwise than
by retrenchment, discharge, dismissal or resignation) shall, if he has
completed an aggregate period of 7 years’ service under the State
at the time of such cessation, be deemed to be retirement within the meaning
of this Act, and, if it takes place at an earlier age than 65 years, be
deemed to be, within the meaning of section 60, the retirement of a
contributor, the age for whose retirement is fixed by law at an earlier age
than 65 years.
Provided that where an
employee who is the holder of a statutory office became a contributor before
the commencement of the Acts Amendment (Superannuation and Pensions)
Act 1960 , the requirement of completion of an aggregate period of
7 years’ service under the State shall not apply in respect of that
employee if the cessation of his employment (otherwise than by retrenchment,
discharge, dismissal or resignation) occurs after he attains the age of
60 years.
(4) Notwithstanding
anything contained in the last preceding subsection, if an employee who is the
holder of a statutory office notifies in writing to the authority
administering the Act under which he was appointed, that he does not desire
reappointment at the expiration of the term for which he was appointed the
notice shall, unless —
(a) he
has attained the age of 55 years; or
(b) he
has attained the age for retirement fixed by law,
be deemed to be
resignation within the meaning of this Act.
[Section 6 amended by No. 43 of 1939
s.3; No. 55 of 1945 s.2; No. 65 of 1947 s.3; No. 39 of 1950
s.4; No. 61 of 1960 s.3; No. 50 of 1961 s.3; No. 43 of 1963
s.2; No. 101 of 1964 s.2; No. 75 of 1973 s.3; No. 134 of 1976
s.3; No. 76 of 1979 s.2; No. 23 of 1982 s.2; No. 30 of 1984
s.3; No. 17 of 1987 s.4; No. 6 of 1994 s.13; No. 32 of 1994
s.16; No. 89 of 1994 s.109; No. 14 of 1995 s.44; No. 73 of 1995
s.188; No. 14 of 1996 s.4; No. 57 of 1997 s.117(1); No. 5 of
1999 s.25; No. 58 of 1999 s.108; No. 24 of 2000 s.14(13); No. 8 of 2008
s. 20; amended in Gazette 16 Feb 2001 p.1017;
30 Dec 2003 p. 5726; 25 Jun 2004 p. 2232-3;
13 Apr 2007 p. 1611-12.]