STATE SUPERANNUATION REGULATIONS 2001

Western Australian Consolidated Acts

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STATE SUPERANNUATION REGULATIONS 2001

TABLE OF PROVISIONS

PART 1 -- Preliminary

1. Citation
2. Commencement
3. Terms used in these regulations
3A. Trading name
4. Selection of contribution period
5. Meaning of “remuneration”
6. Remuneration for part-time or seconded Members or Members with irregular pay
6A. Remuneration for certain parliamentarians
7. Prescribed Employers
8. Who does a worker work for
9. The Government, departments and unincorporated entities as Employers
10. When does a person cease to be a worker
11. Persons in more than one job

PART 2 -- Gold State Super Scheme

Division 1 -- Preliminary

12. Terms used in this Part
13. Meaning of “average contribution rate”
14. Meaning of “contributory membership period”
15. Meaning of “eligible Gold State worker”
16. Meaning of “final remuneration”
17. Effect of changes to working hours
18. Limits on insurance cover -- health conditions

Division 2 -- Membership

19. Who may become a Gold State Super Member
20. Application to become a Gold State Super Member
21. Minister may direct Board to accept ineligible worker as a Member
22. Changing jobs
23. Member who becomes ineligible due to reduced working hours then becomes eligible again
24. Voluntary withdrawal from the Gold State Super Scheme
25. Cessation of membership

Division 3 -- Contributions

Subdivision 1 -- Preliminary

26. Meaning of “superannuation salary in respect of a contribution period”
27. Selection of adjustment day
28. Selection of Employer’s contribution day

Subdivision 2 -- Employer contributions

29. Employer contributions
30. Payment of employer contributions
31. Contributions by the Crown for unfunded benefits

Subdivision 3 -- Member contributions

32. Member contributions
33. Selection of member contribution rate
34. Payment of member contributions
35. Recognised unpaid leave -- options for member contributions

Subdivision 4 -- General

36. Unrecognised unpaid leave -- no contributions
37. Additional contributions if final remuneration includes special allowance or remuneration on secondment

Division 4 -- Benefits

38. Retirement benefit
39. Death benefit
40. Total and permanent disablement benefit
41. Partial and permanent disablement benefit
42. Restriction of death and disablement benefits
43. Benefit on death or disablement in other circumstances
44. Benefit on other termination of work
44A. Reduction of benefit if early payment made
44B. Application for transfer benefit
44C. Reduction of benefits because of transfer benefit
44D. Limited extent of transfer benefits

Division 5 -- Payment of benefits

45. Restriction on payment of GSS withdrawal benefit
46. Interest on GSS withdrawal benefit
46A. Reduction of GSS withdrawal benefit if early payment made
47. Transfer of benefit to another superannuation fund
47A. Early release of benefit -- severe financial hardship or a compassionate ground
48. Payment of death benefits
49. Application for disablement benefits or for payment of a GSS withdrawal benefit on disablement
49A. Member liable to pay contributions tax

PART 3 -- West State Super Scheme

Division 1 -- Preliminary

50. Terms used in this Part

Division 2 -- Membership

50A. West State Super Scheme closed to new Members
51. Statutory WSS Members
52. Voluntary and partner WSS Members may change category
52B. Certain Members may elect to withdraw
53. Cessation of membership

Division 3 -- Contributions

Subdivision 1A -- Restriction on contributions

53A. No contributions by or for GESB Super Member

Subdivision 1 -- Employer contributions

54. Compulsory contributions for eligible statutory WSS Members
55. Treasurer may increase compulsory contributions
56. Payment of compulsory contributions
57. Voluntary employer contributions
58. Acceptance of Commonwealth payments
60. Employer’s contribution returns
62. Treasurer may require additional amounts to be paid

Subdivision 2 -- Member contributions

63. Member contributions
64. Payment of member contributions
64A. Member may contribute for partner

Subdivision 3 -- Transfers

65. Member may transfer benefits from other funds
65A. Payment or transfer out of transferred in benefits

Subdivision 4 -- Contribution splitting for partner

65B. Acceptance of partner contributions-splits from other schemes or funds

Division 4 -- West state accounts

66. West state accounts
67. Amounts to be credited to west state accounts
68. Amounts to be debited to west state accounts
69. Earnings

Division 4A -- Member investment choice

69A. Terms used in this Division
69B. Board to establish investment plans
69C. Default plan
69D. Member to select investment plan
69E. Board to invest assets to reflect Member’s choice
69F. Determination of earning rates

Division 4B -- Opting out of death and disability benefits

69G. Opting out of death and disability benefits
69H. Application to resume death and disability benefits
69I. Medical information and health conditions
69J. False or misleading medical evidence
69K. Variation or removal of health conditions for improved health

Division 5 -- Benefits

70. Death benefit -- eligible statutory WSS Members
71. Total and permanent disability benefit -- eligible statutory WSS Members
72. Partial and permanent disability benefit -- eligible statutory WSS Members
72A. Benefit restriction if Member subject to health condition
73. Death benefit -- other West State Super Members
74. General benefit
75. Treasurer may increase benefits

Division 6 -- Payment of benefits

76. Restriction on payment of WSS withdrawal benefit
77. Member with preserved WSS withdrawal benefit who again becomes a worker
78. Earnings on WSS withdrawal benefit
79. Transfer of benefit to another superannuation fund
79A. Early release of benefit -- severe financial hardship or a compassionate ground
79B. Early release of benefit -- phased retirement
80. Payment of death benefits
81. Application for disablement benefits or payment of WSS withdrawal benefit on disablement
81A. Member liable to pay contributions tax

PART 3A -- GESB Super Scheme

Division 1 -- Establishment and preliminary

82. Establishment of GESB Super Scheme
83. Terms used in this Part

Division 2 -- Membership

84. Statutory GESB Super Members
85. Voluntary GESB Super Members
86. Partner GESB Super Members
87. Cessation of membership

Division 3 -- Contributions

Subdivision 1 -- Employer contributions

88. Compulsory employer contributions for eligible statutory GESB Super Members
89. Treasurer may increase compulsory contributions
90. Payment of compulsory contributions
91. Voluntary employer contributions
92. Employer’s contribution returns
93. Acceptance of Commonwealth payments

Subdivision 2 -- Member contributions

94. Member contributions
95. Contributions for partners

Subdivision 3 -- Transfers

96. Transfer of benefits from other funds and ETPs

Subdivision 4 -- Contributions-splitting for partner

97. Meaning of “partner”
98. Member may split contributions with partner
99. Acceptance of partner contributions-splits from other funds

Subdivision 5 -- Contributions generally

100. Restriction on contributions for Members over 65 years of age

Division 4 -- GESB Super accounts

101. GESB Super accounts
102. Amounts to be credited to GESB Super accounts
103. Amounts to be debited to GESB Super accounts
104. Earnings

Division 5 -- Member investment choice

105. Terms used in this Division
106. Board to establish investment plans
107. Default plan
108. Member to select investment plan
109. Board to invest assets to reflect Member’s choice
110. Determination of earning rates

Division 6 -- Insurance

111. Board to provide life insurance
112. Board may provide disability insurance
113. Terms of insurance

Division 7 -- Benefits

114. Withdrawal benefit
115. Death benefit
116. Temporary incapacity -- salary continuance benefit

Division 8 -- Payment of benefits

117. Term used in this Division
118. Payment of GESB withdrawal benefit
119. Member with preserved benefit who again becomes a worker
120. Transfer of benefit to another scheme or superannuation fund
121. Payment of death benefits
122. Payment or transfer out of transferred in benefits or ETPs
122A. Payment or transfer of all or part of benefit
123. Early release of benefit -- severe financial hardship or compassionate grounds
124. Early release of benefit -- phased retirement
125. Early release of benefits -- temporary resident departing Australia
126. Transfer to eligible rollover fund

PART 4 -- Retirement Income Scheme

Division 1 -- Establishment and preliminary

170. Establishment of Retirement Income Scheme
171. Terms used in this Part

Division 2 -- Membership

172. Members
173. Additional or replacement pensions
174. Cessation of membership

Division 3 -- Contributions

175. Compulsory transfer for new Retirement Income Member
176. Contribution for an additional pension
177. Contribution and transfer for replacement pension
177A. Transfers must be directly to Retirement Income Scheme

Division 4 -- Retirement income accounts

178. Retirement income accounts
179. Member may divide account into sub-accounts
180. Amounts to be credited to retirement income accounts
181. Amounts to be debited to retirement income accounts
182. Earnings

Division 5 -- Member investment choice

183. Terms used in this Division
184. Board to establish investment plans
185. Default plan
186. Member to select investment plan
187. Board to invest assets to reflect Member’s choice
188. Determination of earning rates

Division 6 -- Pension and other benefits

189. Selection of payment frequency
190. Selection of pension amount
191. Payment of pension
192. Withdrawal of lump sum
193. Death benefit options
194. Lump sum death benefit
195. Reversionary pension

PART 4A -- Term Allocated Pension Scheme

Division 1 -- Establishment and preliminary

196. Establishment of Term Allocated Pension Scheme
196A. Terms used in this Part

Division 2 -- Membership and purchase

196B. Members
196C. Cessation of membership
196D. Transfer of benefit or ETP

Division 3 -- Term allocated pension accounts

196E. Term allocated pension accounts
196F. Member may divide account into sub-accounts
196G. Amounts to be credited to term allocated pension accounts
196H. Amounts to be debited to term allocated pension accounts
196I. Earnings

Division 4 -- Member investment choice

196J. Terms used in this Division
196K. Board to establish investment plans
196L. Default plan
196M. Member to select investment plan
196N. Board to invest assets to reflect Member’s choice
196O. Determination of earning rates

Division 5 -- Pension and other benefits

196P. Selection of pension period
196Q. Selection of payment frequency
196R. Payment of term allocated pension
196S. Commutation
196T. Death benefit options
196U. Lump sum death benefit
196V. Reversionary pension

PART 5 -- GESB Super (Retirement Access) Scheme

Division 1 -- Establishment and preliminary

200. Establishment of Retirement Access Scheme
200A. Scheme renamed as GESB Super (Retirement Access) Scheme
201. Term used in this Part

Division 2 -- Membership

202. GESB Super (Retirement Access) Scheme closed to new members
203. Cessation of membership

Division 3 -- Contributions

205. Voluntary contribution
206. Member may transfer benefits or other ETPs
206A. Other payments or contributions for a Member
206B. Transfers must be directly to GESB Super (Retirement Access) Scheme

Division 4 -- Retirement access accounts

207. Retirement access accounts
208. Amounts to be credited to retirement access accounts
209. Amounts to be debited to retirement access accounts
210. Earnings

Division 5 -- Member investment choice

211. Terms used in this Division
212. Board to establish investment plans
213. Default plan
214. Member to select investment plan
214A. Member who is also a GESB Super Member
215. Board to invest assets to reflect Member’s choice
216. Determination of earning rates

Division 6 -- Access to benefits

217. Member may request payment or transfer
219. Death of a GESB Super (Retirement Access) Member
219AA. Transfer to eligible rollover fund

PART 5A -- Family law property settlements

219A. Interpretation
219B. Application of Part
219C. Clean break at operative time
219D. New interest for ex-spouse
219E. Reduction of Member’s interest to be apportioned
219F. Reduction of interest in accumulation scheme
219G. Reduction of interest in Gold State Super Scheme
219H. Notice of clean break

PART 6 -- Information requirements

220. Terms used in this Part
221. Information to new Members
222. Annual reporting day
223. Annual Member specific information
224. Annual Fund information
224A. Information about significant events
224B. Information to exiting Member
224C. Employers to provide information to the Board
224D. Information to be provided on request
224E. Information to be provided on transfer to eligible rollover fund
224F. Confidential information
224G. Family law information

PART 7 -- Board elections

225. Terms used in this Part
226. Conduct of elections
227. Notification of need for an election
228. Appointment of returning officer
229. Returning officer to call for nominations
230. Nominations
231. Determination of need for an election
232. Entitlement of organisations to vote
233. Ballot papers
234. Replacement ballot paper
235. Voting
236. Scrutineers
237. Counting of votes
238. Declaration and notification of results
239. Preservation of ballot papers
240. Disputes
241. Costs of an election

PART 8 -- General

Division 1 -- Benefits

242. Incapacity of beneficiary
243. Interest if payment delayed
244. Benefit in special circumstances
245. Assignment or charge of benefit prohibited
246. Benefit does not pass to other persons
246A. Transfers to other superannuation funds
246B. Exercise of investment powers after death or for incapacitated Member

Division 2 -- Other matters

247. In-house assets -- prescribed percentage
248. Recovery of money owing to the Fund by a Member
248A. Payment to be made in accordance with deed
248B. Overpayment by Employer
249. Power to restore lost rights
250. Referral of decision for independent review
251. Documents and information
252. Special provisions for certain Gold State Super Members and West State Super Members
253. Discontinuance of old rules
254. Transitional provisions
SCHEDULE 1 -- Employers
SCHEDULE 2 -- Special provisions for certain Gold State Super Members and West State Super Members
SCHEDULE 3 -- Transitional provisions
Compilation table

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