Western Australian Consolidated Regulations

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  
   54A.    Restriction on contributions and transfers  

              Subdivision 1 -- Employer contributions  

   54.     Employers to make minimum SG contributions  
   55.     Compulsory contributions for over-OTE items  
   57.     Voluntary employer contributions  
   58.     Acceptance of Commonwealth payments  
   59.     Contribution of insurance 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  

              Subdivision 4 -- Contribution splitting for partner  

   65BA.   Meaning of “partner”  
   65BB.   Member may split contributions with 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  

   69GA.   Meaning of “Div. 5A insurance”  
   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 5A -- Insurance  

   70A.    Board may provide insurance  
   70B.    Terms of insurance  
   70C.    Insurance policies  

           Division 5 -- Benefits  

   70.     Death benefit -- eligible statutory WSS Members  
   71.     Permanent incapacity 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  
   75A.    Temporary incapacity -- salary continuance benefit  
   75.     Treasurer may increase benefits  

           Division 6 -- Payment of benefits  

   76A.    Term used in this Division  
   76.     Payment of WSS withdrawal benefit  
   77.     Member with preserved WSS withdrawal benefit who again becomes a worker  
   79.     Transfer of benefit to another superannuation fund  
   79AA.   Payment or transfer out of transferred in benefits or ETPs  
   79AB.   Payment or transfer of all or part of benefit  
   79A.    Early release of benefit -- severe financial hardship or a compassionate ground  
   79B.    Early release of benefit -- phased retirement  
   80A.    Early release of benefits -- temporary resident departing Australia  
   80B.    Effect of part payment on protected amount  
   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.     Employers to make minimum SG contributions  
   89.     Compulsory contributions for over-OTE items  
   91.     Voluntary employer contributions  
   92.     Employer’s contribution returns  
   93.     Acceptance of Commonwealth payments  
   94A.    Contribution of insurance 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 and transfers  

           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  
   178A.   Restriction on contributions and transfers  

           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  
   196EA.  Restriction on transfers  

           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  
   207A.   Restriction on contributions and transfers  

           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