Western Australian Consolidated Acts

FIRE AND EMERGENCY SERVICES SUPERANNUATION ACT 1985 - SCHEDULE 3

[s. 36]

        [Heading amended by No. 19 of 2010 s. 4.]

Part I  —  Superannuation Fund

1 .         Terms used in this Part

                In this Part — 

        former regulations means the regulations mentioned in section 35(a);

        previous superannuation fund means the Western Australian Fire Brigades Board Superannuation Fund continued by the former regulations.

2 .         Transfer of assets and liabilities

                All moneys standing to the credit of, and all investments forming part of, the previous superannuation fund immediately before the commencement of this Act shall, on and after that commencement, stand to the credit of, or form part of the Superannuation Fund for the purposes of this Act, and all liabilities of the previous Superannuation fund immediately before that commencement, including contingent liabilities, shall on and after that commencement, be liabilities of the Superannuation Fund.

3 .         Transfer of operations

        (1)         Any policy of insurance, agreement or instrument subsisting immediately before the commencement of this Act to which the Fire Brigades Board is a party and which relates to the administration of the former regulations shall, subject to this Act, subsist and enure for the purposes of the administration of the Superannuation Fund as if —

            (a)         the Superannuation Board were substituted for the Fire Brigades Board as a party to the policy, instrument or agreement; and

            (b)         any reference in the policy, agreement or instrument to the Fire Brigades Board were (unless the context otherwise requires) a reference to the Superannuation Board.

        (2)         Any proceedings pending immediately before the commencement  of this Act which the Fire Brigades Board is a party and which relates to the former regulations may be continued after that commencement as if the Superannuation Board were a party thereto in lieu of the Fire Brigades Board.

        (3)         Any question arising as to whether or not a provision of this clause applies to any particular policy, agreement, instrument or proceedings shall be determined by the Minister and the decision of the Minister is final.

4 .         Claims preserved

                Any claim for benefits under the former regulations that has not been finally dealt with immediately before the commencement of this Act may be proceeded with and dealt with after that commencement as if it were a claim for benefits from the Superannuation Fund under this Act.

5 .         Interim Board members

                The Minister shall appoint person to act as members of the Superannuation Board under section 4(4)(b) until members of the Superannuation Board are elected under clause 2(1) of Schedule 2.

Part II  —  Disablement Benefits Fund

6 .         Terms used in this Part

                In this Part — 

        former regulations means the regulations mentioned in section 35(b);

        previous disablement benefits fund means the Western Australian Fire Brigades Disablement Benefits Fund established by the former regulations.

7 .         Transfer of assets and liabilities

                All moneys standing to the credit of, and all investments forming part of, the previous disablement benefits fund immediately before the commencement of this Act shall, on and after that commencement, stand to the credit of, or form part of the Disablement Benefits Fund for the purposes of this Act, and all liabilities of the previous disablement benefits fund immediately before that commencement, including contingent liabilities, shall on and after that commencement, be liabilities of the Disablement Benefits Fund.

8 .         Transfer of operations

        (1)         Any policy of insurance, agreement or instrument subsisting immediately before the commencement of this Act to which the Fire Brigades Board is a party and which relates to the administration of the former regulations shall, subject to this Act, subsist and enure for the purposes of the administration of the Disablement Benefits Funds as if — 

            (a)         the Disablement Benefits Board were substituted for the Fire Brigades Board as a party to the policy, instrument or agreement; and

            (b)         any reference in the policy, agreement or instrument to the Fire Brigades Board were (unless the context otherwise requires) a reference to the Disablement Benefits Board.

        (2)         Any proceedings pending immediately before the commencement of this Act to which the Fire Brigades Board is a party and which relates to the former regulations may be continued after that commencement as if the Disablement Benefits Board were a party thereto in lieu of the Fire Brigades Board.

        (3)         Any question arising as to whether or not a provision of this clause applies to any particular policy, agreement, instrument or proceedings shall be determined by the Minister and the decision of the Minister is final.

9 .         Claims preserved

                Any claim for benefits under the former regulations that has not been finally dealt with immediately before the commencement of this Act may be proceeded with and dealt with after commencement as if it were a claim for benefits from the Disablement Benefits Fund under this Act.

10 .         Interim Board members

                The Minister shall appoint persons to act as members of the Disablement Benefits Board under section 22(4)(b) until members of the Disablement Benefits Board are elected under clause 2(1) of Schedule 2.