Western Australian Consolidated Acts

STATE SUPERANNUATION REGULATIONS 2001 - SECT 19

19 .         Who may become a Gold State Super Member

        (1)         An eligible Gold State worker may apply to become a Gold State Super Member if —

            (a)         the Board is satisfied that the worker —

                  (i)         would have been eligible to become a member of the 1987 scheme under the GES Act immediately before 30 December 1995; and

                  (ii)         was not, and could not reasonably be expected to have been, aware of the closure of that scheme before 30 December 1995 because he or she has been away from his or her usual place of work;

            (b)         the worker —

                  (i)         is a Provident Scheme Member or a Pension Scheme Member;

                  (ii)         ceases to be an employee within the meaning of the S&FB Act as a result of ceasing to be required to give his or her whole time to the duties of his or her employment; and

                  (iii)         makes the application within 6 months after the cessation referred to in paragraph (b);

                or

            (c)         the worker —

                  (i)         is a Provident Scheme Member or Pension Scheme Member;

                  (ii)         has been, or is to be, retrenched; and

                  (iii)         makes the application before being retrenched, or within such time afterwards as the Treasurer allows.

        (2)         For the purpose of subregulation (1)(c) a worker is "retrenched "if the worker ceases to be an employee within the meaning of the S&FB Act — 

            (a)         in circumstances in which the worker — 

                  (i)         becomes eligible to receive a payment under regulations made in accordance with section 94 of the Public Sector Management Act 1994 ; or

                  (ii)         would have become eligible for such a payment if the worker’s service as an employee (within the meaning of the S&FB Act) had all been service in the Public Sector;

            (b)         on the expiry of the term of, or other termination of, the person’s contract of employment; or

            (c)         in any other circumstances approved by the Treasurer,

                unless the worker —

            (d)         retires or is retired on the grounds of ill health;

            (e)         has his or her employment terminated because of misconduct or substandard or unsatisfactory performance; or

            (f)         is dismissed under Division 3 of Part 5 of the Public Sector Management Act 1994 or, if the worker is not subject to that Division, is dismissed on disciplinary grounds.