Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
retrenched person means a person who ceases to be
an employee in circumstances such that the person is retrenched within the
meaning given to that term in regulation 19(2) of the State Superannuation
Regulations 2001 , and includes a person to whom this section applies
because of subsection (7).
(2) If a retrenched
person —
(a) has
not received any payment under section 66 of this Act; and
(b) has
not applied under regulation 19(1)(c) of the State Superannuation
Regulations 2001 to become a Gold State Super Member within the meaning
of those regulations,
the person may, by
notice in writing in a form approved by the Board, request particulars of the
preserved pension that the person may become entitled to under this section.
(3) When a person
makes a request under subsection (2), the Treasurer, on the advice of an
actuary, is to determine —
(a) the
method of calculating the amount of the preserved pension;
(b) the
circumstances in which, and time when, the preserved pension would be payable
on the ground of invalidity or physical or mental incapacity to work, and the
method of calculating the preserved pension in those circumstances; and
(c) the
circumstances in which, and time when, benefits would be payable to a widow,
widower, child, or personal representative as a result of the death of the
person entitled to the preserved pension, and the methods of calculating those
benefits.
(4) The retrenched
person is to be notified of the Treasurer’s determination and if, within
such time as the Treasurer allows, the person agrees in writing to accept the
preserved pension, the person becomes entitled to the preserved pension.
(5) If a person
becomes entitled to a preserved pension the person ceases to have any
entitlement under section 66, and cannot make an application under
regulation 19(1)(c) of the State Superannuation Regulations 2001 .
(6) The preserved
pension is not payable until the person —
(a)
attains the age of 55 years; and
(b)
ceases to be a worker as defined in the State Superannuation
Regulations 2001 ,
except if it is
payable in circumstances referred to in subsection (3)(b), in which case
it is payable when specified in the Treasurer’s determination.
(7) This section also
applies to a person who, on or after 12 June 1995 but before the
commencement of the Government Employees Superannuation Legislation Amendment
Act 1995 , ceased to be an employee in circumstances such that the person
would have been retrenched within the meaning given to that term in
clause 7B of Schedule 4 to the Government Employees Superannuation
Act 1987 if that clause had then been in operation.
[Section 66A inserted by No. 62 of 1995
s.5; amended in Gazette 16 February 2001 pp.1023-4.]