Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In these
regulations —
“accumulation account”
means —
(a) for
a West State Super Member, the Member’s west state account (as defined
in regulation 50); and
(aa) for
a GESB Super Member, the Member’s GESB Super account (as defined in
regulation 83); and
(b) for
a Retirement Income Member, the Member’s retirement income account (as
defined in regulation 171); and
(c) for
a Term Allocated Pension Member, the Member’s term allocated
pension account (as defined in regulation 196A); and
(d) for
a GESB Super (Retirement Access) Member, the Member’s
retirement access account (as defined in regulation 201);
"charge percentage" means the Employer’s
charge percentage for the relevant Member, calculated in accordance with
section 19 of the SGA Act before applying any reduction under section 22
or 23 of that Act;
"commencement day" means the day on which these
regulations come into operation;
“Commonwealth payment” means a payment
from the Commonwealth Commissioner of Taxation of —
(a) a
shortfall component under the Superannuation Guarantee (Administration)
Act 1992 of the Commonwealth; or
(b) a
Government co-contribution under the Superannuation (Government
Co-contribution for Low Income Earners) Act 2003 of the Commonwealth; or
(c) any
other amount that the Commissioner may, under a law of the Commonwealth, pay
to the Fund for a Member;
“condition of release” means a
condition of release specified in the SIS Regulations Schedule 1;
"contribution period" means the period selected
under regulation 4;
"contributions-split transfer” means a
transfer to a scheme from another superannuation fund in accordance with
Division 6.7 of the SIS Regulations, or that would be in accordance
with that Division if the transferring fund were a regulated
superannuation fund;
“contributions tax” means tax imposed
by the Superannuation Contributions Tax Imposition Act 1997 or
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Imposition Act 1997 of the Commonwealth;
"CPI rate" means, for a financial year, the
greater of zero and the rate equal to CPI in the formula —
where —
I T is the Consumer
Price Index number (All Groups Index) for Perth published by the Commonwealth
Statistician under the Census and Statistics Act 1905 of the
Commonwealth for the quarter ending on the 31 March immediately preceding the
start of that financial year; and
I L is that Index
number for the quarter ending on the previous 31 March;
"Division 1 Employer" means an Employer
listed or referred to in Division 1 of Schedule 1;
"Division 2 Employer" means an Employer
listed or referred to in Division 2 of Schedule 1;
"earning rate", in respect of a Member, means the
earning rate determined by the Board for —
(a) if
the Member has selected a personalised investment plan, the Member; or
(b)
otherwise, the investment plan selected by the Member;
"eligible rollover fund" means an
eligible rollover fund as defined in the SIS Act;
"eligible termination payment" has the same
meaning as it has in section 27A(1) of the Income Tax Assessment Act 1936
of the Commonwealth;
“Family Law Act” means the Family Law
Act 1975 (Commonwealth) Part VIIIB;
“former member” means a person who is
not a Member nor a pensioner under the S&FB Act, but who has been —
(a) a
Member;
(b) a
contributor or qualified contributor under the S&FB Act; or
(c) a
subscriber or contributor to the Provident Account under Part VA of the
S&FB Act;
“GESB Super Member” means a member of
the GESB Super Scheme;
“GESB Super (Retirement Access)
Member” means a member of the GESB Super (Retirement Access) Scheme;
“GESB Super (Retirement Access)
Scheme” means the superannuation scheme established by
regulation 200;
“GESB Super Scheme” means the
superannuation scheme established by regulation 82;
"Gold State Super Member" means a member of the
Gold State Super Scheme;
"Gold State Super Scheme" means the superannuation
scheme continued by section 29(b) of the Act;
"Member" means, except in Part 7, a
Gold State Super Member, a West State Super Member, a GESB Super Member, a
Retirement Income Member, a Term Allocated Pension Member or a GESB Super
(Retirement Access) Member;
“parliamentarian” means a Member of
the Legislative Council or a Member of the Legislative Assembly;
"partial and permanent disablement" means physical
or mental incapacity to an extent that the Board considers that a Member is,
and until turning 60 will remain —
(a)
unable to perform the duties of the Member’s job; but
(b) able
to perform the duties of another job (in either the public sector or the
private sector) for which the Board considers the Member —
(i)
is suited by reason of the Member’s education,
training or experience; or
(ii)
would be suited if the Member was retrained;
“partner” means spouse or de facto
partner;
"Pension Scheme" means the superannuation scheme
continued by section 29(c) of the Act;
"Pension Scheme Member" means a person
who —
(a) is
contributing for units of pension under the Pension Scheme; or
(b) has
made an election under section 60AA of the S&FB Act and who is not in
receipt of a pension under the Pension Scheme;
“phased retirement benefit” means a
benefit from a superannuation fund that is only payable if it is paid as a
benefit of a kind referred to in Schedule 1 item 109A column 3 of
the SIS Regulations;
"preservation age" means, for a person who was
born —
(a)
before 1 July 1960, 55 years of age;
(b)
during the year 1 July 1960 to 30 June 1961, 56 years
of age;
(c)
during the year 1 July 1961 to 30 June 1962, 57 years
of age;
(d)
during the year 1 July 1962 to 30 June 1963, 58 years
of age;
(e)
during the year 1 July 1963 to 30 June 1964, 59 years
of age;
(f)
after 30 June 1964, 60 years of age;
“preserved” , in relation to a
benefit, means that the benefit is not yet payable to the Member who is
entitled to it;
"Provident Scheme" means the superannuation scheme
continued by section 29(d) of the Act;
"Provident Scheme Member" means a person who is a
subscriber or contributor to the Provident Account (within the meaning of the
S&FB Act);
"quarter" means a period of 3 months
commencing on 1 January, 1 April, 1 July or 1 October;
“regulated superannuation fund” has
the same meaning as it has in section 19 of the SIS Act;
"remuneration" has the meaning given by
regulations 5, 6 and 6A;
"restricted non-preserved benefit" means a benefit
in a scheme that would be a restricted non-preserved benefit within the
meaning of the SIS Regulations if that scheme were a regulated
superannuation fund;
"Retirement Income Member" means a member of the
Retirement Income Scheme;
"Retirement Income Scheme" means the
superannuation scheme established by regulation 170;
"S&FB Act" includes the Superannuation and
Family Benefits Act 1938 2 as continued in force by section 26
of the State Superannuation (Transitional and Consequential Provisions)
Act 2000 and as subsequently amended;
"salary sacrifice agreement" means an agreement
under which an Employer agrees to pay, as part of a Member’s
remuneration, contributions to the Fund that would otherwise be payable by the
Member or that the Member has agreed to pay;
"SGA Act" means the Superannuation Guarantee
(Administration) Act 1992 of the Commonwealth;
"SIS Act" means the Superannuation Industry
(Supervision) Act 1993 of the Commonwealth;
“SIS Regulations” means the
Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;
"superannuation fund" means —
(a) a
regulated superannuation fund;
(b) an
exempt public sector superannuation scheme (as defined in the SIS Act);
(c) a
regulated approved deposit fund (as defined in the SIS Act);
(d) a
retirement savings account (as defined in the Retirement Savings Accounts
Act 1997 of the Commonwealth); or
(e) a
life insurance company or registered organisation (both as defined in the SIS
Act) for the purpose of providing of a benefit that is an annuity for the
purposes of the SIS Act;
“Term Allocated Pension Member” means
a member of the Term Allocated Pension Scheme;
“Term Allocated Pension Scheme” means
the superannuation scheme established by regulation 196;
"the Employer", in relation to a worker, means the
Employer for whom the worker works;
"total and permanent disablement" means physical
or mental incapacity to an extent that the Board considers that a Member is,
and until turning 60 will remain, unable to perform the duties of any job (in
either the public sector or the private sector) for which the Board considers
the Member —
(a) is
suited by reason of the Member’s education, training or experience; or
(b)
would be suited if the Member was retrained;
“unrestricted condition of release”
means a condition of release in respect of which the cashing restriction
specified in the SIS Regulations Schedule 1 is “Nil”;
"unrestricted non-preserved benefit" means a
benefit in a scheme that would be an unrestricted non-preserved benefit within
the meaning of the SIS Regulations if that scheme were a regulated
superannuation fund;
"West State Super Member" means a member of the
West State Super Scheme;
"West State Super Scheme" means the superannuation
scheme continued by section 29(a) of the Act;
"worker" means a person who is —
(a)
appointed under Part 3 of the Public Sector Management Act 1994 ;
(b) the
holder of an office or position established or continued under a written law,
other than a parliamentarian;
(ba) a
parliamentarian;
(c)
appointed to an office or position by the Governor, a Minister, an Employer or
another worker;
(d)
appointed under section 64(1) or 100(2) of the Public Sector Management
Act 1994 ;
(e)
appointed under Part I of the Police Act 1892 ;
(f) a
member of the Governor’s establishment (as defined in the
Governor’s Establishment Act 1992 );
(g)
otherwise appointed by the Governor or a Minister as an officer, servant or
member of staff of, for, or for the purposes of, an Employer;
(h)
otherwise employed under a contract of employment to work for, within, or for
the purposes of an Employer;
(i)
engaged under a contract for services to provide services
to, or for the purposes of, an Employer where at least 50% of the
person’s remuneration under the contract is for the person’s
labour; or
(j)
employed or engaged by a person who is not an Employer but who is seconded to
work for, within or for the purposes of an Employer under an agreement that
requires the Employer to provide superannuation for the person.
(2) In these
regulations a reference to a benefit that is immediately payable to a person
does not include —
(a) a
phased retirement benefit; or
(b) a
benefit that is payable —
(i)
from another scheme in circumstances where, if the SIS
Regulations applied, the benefit would be payable; or
(ii)
from another superannuation fund,
because the person has
satisfied a condition of release in respect of which there is a cashing
restriction that precludes the transfer of that benefit to the Fund.
(3) In these
regulations a person is taken to have satisfied a condition of release if the
event specified in the condition has occurred in relation to the person.
[Regulation 3 amended in Gazette 29 Jun 2001
p. 3079-80; 28 Jun 2002 p. 3011-12, 3021 and 3031;
19 Mar 2003 p. 816 and 836; 13 Jun 2003 p. 2105;
25 Jun 2004 p. 2228; 1 Dec 2004 p. 5705-6;
10 Dec 2004 p. 5894-5; 26 May 2006 p. 1918 and
1929-30; 21 Jul 2006 p. 2651; 13 Apr 2007 p. 1586, 1597,
1609, 1618-20 and 1623-4; 18 Jan 2008 p. 150; 11 Apr 2008
p. 1376 and 1380.]