Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The Board may,
with the written consent of a member and subject to such conditions as the
Board thinks fit, pay or transfer to any other superannuation fund, or any
approved deposit fund or deferred annuity fund, or any like fund, any benefit
to which a member is entitled under these regulations.
(1a) The Board must
pay to a member or transfer to another superannuation fund or other person or
fund, any benefit which the SIS Act 2 requires to be so paid or
transferred.
(2)
If —
(a) an
employer enters into arrangements to amalgamate with, or transfer any part of
its engagements to, a person or body; and
(b)
under those arrangements a member ceases to be in service with that employer
but enters into service with that other person or body,
the Board may with the
written consent of that member and subject to such conditions as the Board
thinks fit (and in lieu of paying the benefit which would otherwise be payable
under these regulations) pay or transfer to a superannuation fund established
or operated for the benefit of any people in service with that other person or
body such amount as in the opinion of the Board on the advice of the actuary
represents the interest of the member in the Fund to be applied by the
trustees of that other superannuation fund for the benefit of that member.
(3) If the benefit
payable to or in respect of a member is paid or transferred under
subregulation (1) or if the interest of a member in the Fund is paid or
transferred under subregulation (2) —
(a) the
receipt of the trustees of or other persons controlling the fund to which the
benefit or the interest of the member (as the case may be) is paid or
transferred shall be a sufficient discharge to the Board; and
(b)
neither the Board nor the employer shall be responsible for the payment,
application or disposal by the trustees of or other persons controlling that
fund of the benefit or the interest so paid or transferred.
[Regulation 44 amended in Gazette
14 May 1996 p. 2036; 11 Jul 2006 p. 2540.]