Western Australian Consolidated Regulations

COAL INDUSTRY SUPERANNUATION REGULATIONS 1990 - REG 46

46 .         Application of regulations to members employed part-time

        (1)         If at any time a category A member (in this regulation called a prescribed member ) is or has been classified by the employer as being part-time, these regulations shall apply to that prescribed member with the modifications and variations set out in this regulation.

        (2)         The employer shall in respect of any period during which a prescribed member is classified as being part-time, determine the percentage (in this regulation called the service percentage ) of full-time service being worked by that member during that period.

        (3)         The service percentage in respect of any period during which a prescribed member is not classified as being employed part-time shall be 100%.

        (4)         Whenever there is a change in the service percentage of a prescribed member the employer shall advise the Board and the member of that change.

        [(5)         deleted]

        (6)         During any period of membership during which the service percentage of a prescribed member is less than 100% the contributions that would otherwise have been payable by the member under regulation 14 or by the employer under regulation 15 shall be reduced in the ratio that the service percentage of the member bears to 100%.

        (7)         Where any lump sum retirement benefit calculated under regulation 17 is payable under these regulations to or in respect of a prescribed member in respect of any period of membership during which the service percentage of the member was less than 100%, that benefit shall be reduced in the ratio that the service percentage of the member during that period bears to 100%.

        (8)         Where any death benefit calculated under regulation 18 is payable under these regulations to or in respect of a prescribed member and, immediately before the benefit became payable, the member was classified by the employer as being employed part-time, the amount by which the amount referred to in regulation 18(1)(b), as assessed in relation to that member, exceeds the amount equal to the accrued benefit of that member shall be reduced in the ratio that the service percentage of the member immediately before the benefit became payable bears to 100%.

        [Regulation 46 amended in Gazette 14 May 1996 p. 2037; 23 May 2003 p. 1827.]