Western Australian Consolidated Acts Western Australian Consolidated Acts[r. 254]
1 . Terms used in this Schedule
(1) In this Schedule
—
“1987 scheme” means the superannuation
scheme continued by section 29(b) of the Act as it was immediately before
the commencement day;
“1993 scheme” means the superannuation
scheme continued by section 29(a) of the Act as it was immediately before
the commencement day;
“continues” means continues on and
after the commencement day;
“continuing Gold State Super Member”
means a Gold State Super Member who was a member of the 1987 scheme
immediately before the commencement day;
“continuing Member” means a continuing
West State Super Member or a continuing Gold State Super Member;
“continuing West State Super Member”
means a West State Super Member who was a member of the 1993 scheme
immediately before the commencement day;
“current” means in force immediately
before the commencement day.
(2) Words and phrases
defined in Part 2, 3 or 7 of these regulations have the same meanings when
used in Part 2, 3 or 5 (respectively) of this Schedule as they have in that
Part of the regulations.
2 . Meaning of GSS and WSS withdrawal benefits
In the regulations, in
relation to a continuing Member —
“GSS withdrawal benefit” includes a
benefit to which the Member became entitled under the GES Act before the
commencement day but which, as at that day, had not been paid by reason of the
operation of section 38 of the GES Act;
“WSS withdrawal benefit” includes a
benefit to which the Member became entitled under the GES Act before the
commencement day but which, as at that day, had not been paid by reason of the
operation of section 38K of the GES Act.
[Clause 2 amended in Gazette 13 Apr 2007
p. 1602.]
3 . Meaning of “remuneration”
(regulation 5)
(1) A current
determination made by an Employer for the purposes of section 4(5) of the
GES Act as to the value of any non-monetary remuneration or benefit continues
as a determination for the purposes of the definition of
“remuneration” in regulation 5(1).
(2) A current
certification given by an Employer or an authorised person for the purposes of
section 4(1) or 4AA(1)(b) of the GES Act that a person is entitled to
remuneration or a benefit on a continuing basis continues as a certification
for the purposes of the definition of “remuneration” in regulation
5(1).
(3) A current
authorisation given by an Employer for the purposes of section 4(1) or
4AA(1)(b) of the GES Act authorising a person to certify matters under that
section on behalf of the Employer continues as an authorisation for the
purposes of the definition of “remuneration” in regulation 5(1).
(4) A current
determination made by the Board under section 4(4)(b)(vii) or 4AA(4)(f)
of the GES Act that an allowance is to be excluded from a member’s
remuneration continues as a determination under regulation 5(2)(h).
(5) A current
determination made by the Treasurer under section 4(4)(c) of the GES Act
that a class of remuneration or benefit is to be excluded from a
member’s remuneration continues as a determination under regulation
5(3)(f).
(6) A current notice
given by a continuing Gold State Super Member for the purposes of
section 4(6) of the GES Act consenting to the application of a
determination, continues as a notice for the purposes of regulation 5(5).
(7) A current
permission granted by the Board under section 26(2) of the GES Act
allowing a continuing Gold State Super Member to contribute at his or her
elected rate applied to the amount of a former or notional relevant
remuneration continues as a determination under regulation 5(6) that the
Member’s remuneration is the amount of that former or notional relevant
remuneration.
(8) A current
determination by the Board under section 39A(1) of the GES Act that a
continuing West State Super Member’s benefit is to be assessed as if the
Member’s relevant remuneration were the amount of a former or notional
relevant remuneration continues as a determination under regulation 5(6)
that the Member’s remuneration is the amount of that former or notional
relevant remuneration.
4 . The Government, departments and unincorporated
entities as Employers (regulation 9)
(1) A current order
made by the Treasurer under section 3(6) of the GES Act specifying that a
person, department or authority is to be treated as the employer of an office
holder continues as an order under regulation 9(1)(b) specifying that person,
department or authority.
(2) If an order
continued by subclause (1) specifies that the person, department or authority
is to be deemed to be listed in Part A of Schedule 1 to the GES Act, the
order as so continued is taken to specify that in relation to the office
holder to whom the order relates the Government of Western Australia is a
Division 1 Employer.
Part 2 — Gold State Super Scheme
5 . Meaning of terms used in Part 2
In these regulations,
in relation to a continuing Gold State Super Member —
“adjustment day” means, in relation to
a period before the commencement day, the Member’s birthday;
“contributory membership period”
includes the Member’s contributory period under the GES Act;
“member contribution rate” means, in
relation to time before the commencement day, the rate elected by the Member
under section 22 of the GES Act that applied at that time.
6 . Meaning of “contributory membership
period” (regulation 14)
A current exercise of
discretion by the Treasurer under section 49(1)(a) of the GES Act deeming
a continuing Gold State Super Member to have a greater contributory period
than he or she would otherwise have had, continues as a direction under
regulation 14(3) that the Member is to be treated as having a longer
contributory membership period than he or she would otherwise have.
7 . Meaning of “eligible Gold State
worker” (regulation 15)
A current decision by
the Board under section 17B(2)(i) of the GES Act that that paragraph does
not apply to a particular person continues as a decision under regulation
15(3) that regulation 15(2)(j) does not apply to that person.
8 . Meaning of “final remuneration”
(regulation 16)
For the purpose of
determining the value of D in the formula in the definition of “final
remuneration” in regulation 16(1), a continuing Gold State Super Member
is taken to have been a Gold State Super Member on each day on which he or she
was a member of the 1987 scheme.
9 . Limits of insurance cover —
health conditions (regulation 18)
(1) The Board is taken
to have imposed a health condition of the kind referred to in
paragraph (a) of the definition of “health condition” in
regulation 12 on a continuing Gold State Super Member if —
(a) the
Board accepted the Member’s election to become a member of the 1987
scheme subject to a condition of the kind referred to in section 18(5)(a)
of the GES Act;
(b) the
Board made a determination under section 24(3) of the GES Act to vary the
Member’s contributions subject to a condition of the kind referred to in
section 18(5)(a) of the GES Act;
(c) the
Member transferred to the 1987 scheme under Schedule 4 to the GES Act and
was a transferred contributor for limited benefits within the meaning of that
Schedule; or
(d) the
Member was a subscriber to the Provident Account under the S&FB Act whose
election to transfer to the 1987 scheme under Schedule 4 to the GES Act
was accepted subject to a condition of the kind referred to in
clause 10(4)(a) in Schedule 4 to the GES Act.
(2) The Board is taken
to have imposed a health condition of the kind referred to in
paragraph (b) of the definition of “health condition” in
regulation 12 on a continuing Gold State Super Member if —
(a) the
Board accepted the Member’s election to become a member of the 1987
scheme subject to a condition of the kind referred to in section 18(5)(b)
of the GES Act;
(b) the
Board made a determination under section 24(3) of the GES Act to vary the
Member’s contributions subject to a condition of the kind referred to in
section 18(5)(b) of the GES Act;
(c) the
Member was a contributor to the Provident Account under the S&FB Act who
transferred to the 1987 scheme under Schedule 4 to the GES Act; or
(d) the
Member was a subscriber to the Provident Account under the S&FB Act whose
election to transfer to the 1987 scheme under Schedule 4 to the GES Act
was accepted subject to a condition of the kind referred to in
clause 10(4)(b) in Schedule 4 to the GES Act.
(3) A condition taken
to have been imposed under subclause (1)(b) or (2)(b) applies only in respect
of the Member’s membership relating to the increased working hours.
(4) If, before the
commencement day, a continuing Gold State Super Member was —
(a)
required by the Board to provide information under section 18(3) or
24(3a) of, or clause 10(3) of Schedule 4 to, the GES Act; or
(b)
required under section 20(2)(e) of the GES Act to provide a declaration
as to his or her continuing good health,
but as at that day the
Member had not provided the information or declaration, the requirement
continues as a request under regulation 18(1) to provide medical
information.
(5) If, before the
commencement day and in reliance on a statement contained in medical
information provided by a continuing Gold State Super Member, the Board did
not impose a condition of the kind referred to in section 18(5) of the
GES Act when it might have done so and the Board subsequently becomes aware
that —
(a) the
Member knew the statement was untrue; or
(b) the
statement was misleading because it omitted material information of which the
Member had knowledge,
the Board may impose a
health condition on the Member.
10 . Membership (regulation 19)
(1) Every person who
was a member of the 1987 scheme immediately before the commencement day
continues as a Gold State Super Member subject to these regulations.
(2) If a person was,
immediately before the commencement day, entitled to a benefit from the 1987
scheme but as at that day the benefit had not been paid (whether as a result
of the operation of section 38 of the GES Act or otherwise), the person
is taken to have been a member of the 1987 scheme immediately before the
commencement day.
(3) If a member of the
1987 scheme was retired on the grounds of physical or mental incapacity to
perform his or her duties not more than 12 months before the
commencement day but as at that day had not applied for a benefit under
section 32, 33 or 34 of the GES Act, the person is taken to have been a
member of the 1987 scheme immediately before the commencement day.
(4) If, before the
commencement day, a person lodged —
(a) an
election under section 18(1) of the GES Act to become a member of the
1987 scheme; or
(b) an
election under Schedule 4 to the GES Act to transfer to the 1987 scheme,
but as at that day the
Board had not dealt with it, the election continues as an application under
regulation 19(1) to become a Gold State Super Member.
(5) A current approval
granted by the Treasurer under clause 7B(2)(c) of Schedule 4 to the
GES Act of other circumstances that constitute retrenchment continues as an
approval for the purposes of regulation 19(2)(c).
11 . Application to become a
Gold State Super Member (regulation 20)
If an application
under regulation 19(1)(c) is deemed by regulation 20(3) to have been
lodged at a time before the commencement day, these regulations apply to and
in relation to the application as if they had been in force at that time.
12 . Minister may direct Board to accept
ineligible worker as a Member (regulation 21)
(1) If, before the
commencement day, the Treasurer gave notice to the Board that the Treasurer
had, under section 49(1)(b) of the GES Act, deemed a person to be
eligible to be a member of the 1987 scheme but as at that day the Board had
not dealt with it, the notice continues as a direction under regulation 21(1)
to accept the person as a Gold State Super Member.
(2) If a continuing
Gold State Super Member was accepted as a member of the 1987 scheme as a
result of having been deemed by the Treasurer under section 49(1)(b) of
the GES Act to be eligible to be such a member, regulation 21(2) applies to
and in relation to the person as if he or she had been accepted as a
Gold State Super Member under regulation 21(1).
13 . Changing jobs (regulation 22)
(1) If —
(a)
within 3 months before the commencement day, a member of the 1987 scheme
ceased to be an employee for the purposes of that Act; and
(b)
within 12 months of so ceasing becomes a worker who is not excluded by
regulation 15(2) from being an eligible Gold State worker,
regulation 22(2)
to (4) apply to and in relation to the person as if he or she had been a
Gold State Super Member who ceased to be a worker on the day he or she ceased
to be an employee.
(2) If, before the
commencement day, a person elected under section 20(2) of the GES Act to
continue as a member of the 1987 scheme but as at that day the Board had not
dealt with it, the election continues as an application under regulation 22(2)
or 23(1) (as the case requires) to continue as a Gold State Super Member.
(3) A current
determination by the Board under section 20(2)(a) of the GES Act as to
the rate of interest to apply to a refund of contributions under that
paragraph continues as a determination under regulation 22(3)(b).
14 . Member who becomes ineligible due to reduced
working hours then becomes eligible again (regulation 23)
If —
(a)
within 12 months before the commencement day, a member of the 1987 scheme
became excluded under section 17C(1) of the GES Act because his or her
working hours were reduced to less than one hour a week; and
(b)
within 12 months of becoming so excluded becomes a worker who is not
excluded by regulation 15(2) from being an eligible Gold State worker,
regulation 23 applies
to and in relation to the person as if he or she had been a
Gold State Super Member who ceased to be an eligible Gold State worker on the
day he or she became so excluded.
15 . Voluntary withdrawal from the
Gold State Super Scheme (regulation 24)
If, before the
commencement day, a continuing Gold State Super Member lodged a notice with
the Board under section 19A(1) of the GES Act terminating his or her
membership of the 1987 scheme but as at that day the Board had not dealt with
it, the notice continues as an application under regulation 24(1) to withdraw
from the Gold State Super Scheme.
Any contribution in
respect of a period before the commencement day that would have become payable
under Part V or VI of the GES Act if that Act had not been repealed, becomes
payable and is to be paid in accordance with that Act as if it had not been
repealed.
17 . Employer contributions (regulation 29)
A current declaration
made by the Treasurer under section 27(3) of the GES Act of a percentage
to be used in determining employer contributions continues as a determination
for the purposes of the description of T in regulation 29(3).
18 . Payment of Employer contributions (regulation
30)
A current instrument
given by the Treasurer under section 27(7) of the GES Act allowing an
Employer to defer payment of contributions continues as a notice under
regulation 30(3).
19 . Selection of member contribution rate
(regulation 33)
(1) A current election
made by a continuing Gold State Super Member under section 22 of the GES
Act of a contribution rate continues as a selection under regulation 33(1).
(2) If, before the
commencement day, a continuing Gold State Super Member made an election under
section 22 of the GES Act but as at that day the election had not taken
effect, the election continues as a selection under regulation 33(1).
20 . Recognised unpaid leave — options
for member contributions (regulation 35)
(1) If a continuing
Gold State Super Member who is on recognised unpaid leave as at the
commencement day elected under section 23(2) of the GES Act to suspend
elective contributions, the election continues as a notice under regulation
35(3) to the effect that the Member has chosen the reduced benefits option
under regulation 35(2)(c).
(2) If a continuing
Gold State Super Member who is on recognised unpaid leave as at the
commencement day elected under section 23(4) of the GES Act to defer
payment of elective contributions, the election continues as a notice under
regulation 35(3) to the effect that the Member has chosen the deferred
contributions option under regulation 35(2)(b).
(3) A current
determination by the Board under section 23(4) of the GES Act as to the
rate of interest to apply to deferred elective contributions, continues as a
determination under regulation 35(6)(b).
21 . Unrecognised unpaid leave — no
contributions (regulation 36)
If, before the
commencement day, the Board granted an exemption under section 23A of the
GES Act allowing a continuing Gold State Super Member to continue his or her
entitlement to death and disability benefits, the determination by the Board
as to the amount to be paid by the Member in lieu of contributions continues
as a determination under regulation 36(2) as to the cost of continuing the
Member’s entitlement.
If a continuing
Gold State Super Member was, immediately before the commencement day, entitled
to a benefit from the 1987 scheme but as at that day the benefit had not been
paid (whether as a result of the operation of section 38 of the GES Act
or otherwise), the entitlement continues as an entitlement to a benefit from
the Gold State Super Scheme.
23 . Total and permanent disablement (regulation
40)
(1) If a continuing
Gold State Super Member was retired on the grounds of physical or mental
incapacity to perform his or her duties not more than 12 months before
the commencement day but as at that day had not applied for a benefit under
section 32, 33 or 34 of the GES Act, these regulations apply to and in
relation to the person as if he or she ceased to be an eligible
Gold State worker on the day, and for the reasons, that he or she was retired.
(2) If, before the
commencement day, a continuing Gold State Super Member applied for a benefit
under section 32, 33 or 34 of the GES Act but as at that day the Board
had not dealt with it, the application continues as an application for a
benefit under regulation 40, 41 or 43 (as the case requires) as if the Member
had ceased to be an eligible Gold State worker on the day, and for the
reasons, that he or she was retired.
24 . Restriction on payment of GSS withdrawal
benefit (regulation 45)
(1) Despite
regulation 45(1) the Board is to pay a continuing Gold
State Super Member’s GSS withdrawal benefit if —
(a) the
Member became entitled to the benefit before the commencement day;
(b) the
Board is satisfied that the Member has permanently departed from Australia, or
will do so within 3 months after the commencement day; and
(c) the
Member —
(i)
applied, before the commencement day, for payment of the
benefit under section 38(1)(d) of the GES Act, but as at that day the
Board had not dealt with the application; or
(ii)
applies for payment of the benefit within 3 months
after the commencement day.
(2) Despite
regulation 45(1) the Board is to pay a continuing Gold
State Super Member’s GSS withdrawal benefit if —
(a) the
benefit is $500 or less;
(b) the
Member became entitled to the benefit before the commencement day; and
(c) the
Member applies to the Board for payment of the benefit before, or within
3 months after, the commencement day.
[Clause 24 amended in Gazette
13 Apr 2007 p. 1602.]
25 . Interest on preserved benefits (regulation
46)
A current
determination by the Board under section 40(3) of the GES Act as to
the manner in which interest is to be calculated in relation to benefits the
payment of which is deferred under section 38 of the GES Act continues as
a determination under regulation 46(c).
26 . Transfer of benefits to another
superannuation fund (regulation 47)
(1) If, before the
commencement day, a continuing Gold State Super Member made a request under
section 13B(6) or 13C(1) of the GES Act to transfer an amount to
another superannuation fund but as at that day the Board had not dealt with
it, the request continues as a request under regulation 47(1).
(2) A current approval
given by the Treasurer for the purposes of section 13C(3)(a) of the GES
Act approving the transfer of benefits to other superannuation funds,
continues as an approval for the purposes of regulation 47(3).
27 . Payment of death benefits (regulation 48)
If, before the
commencement day, a benefit became payable under the GES Act as a result of
the death of a member of the 1987 scheme but as at that day the benefit had
not been paid, regulation 48 applies to and in relation to the benefit as if
it were a death benefit as defined in that regulation.
28 . Application for disablement benefits
(regulation 49)
A current
authorisation given by a continuing Gold State Super Member for the purposes
of section 53(3)(b) of the GES Act allowing the Board to obtain medical
and other information and evidence continues as an authorisation for the
purposes of regulation 49(3)(c).
29 . Certain Members who transferred to the 1987
scheme and left within 2 years entitled to further benefit
(1) On the
commencement day a relevant Member becomes entitled to a benefit of an amount
equal to —
(a) the
amount of the benefit the Member would have become entitled to on the
resignation day if —
(i)
clause 13(2) of Schedule 4 to the GES Act had
not applied to the Member; and
(ii)
clause 13(4) of that Schedule had applied to the
Member notwithstanding that his or her membership period under the GES Act was
less than 24 months;
less
(b) the
amount of the benefit the Member received under clause 13(2) of that
Schedule.
(2) To the extent that
a benefit referred to in subclause (1)(a)(ii) would have been a deferred
benefit if the relevant Member had become entitled to it on the resignation
day, the benefit is preserved and taken to be a GSS withdrawal benefit.
(3) In this
clause —
“relevant Member” means continuing
Gold State Super Member who transferred to the 1987 scheme under
Schedule 4 to the GES Act and became entitled to a benefit under
clause 13(2) of Schedule 4 to the GES Act on or after 1 July
1992;
“resignation day” means the day on
which a relevant Member became entitled to a benefit under clause 13(2)
of Schedule 4 to the GES Act.
[Clause 29 amended in Gazette
13 Apr 2007 p. 1602-3.]
Part 3 — West State Super Scheme
30 . Membership (regulations 51 and 52)
(1) Every person who
was a statutory member or voluntary member of the 1993 scheme immediately
before the commencement day continues as a statutory Member or voluntary
Member (respectively) of the West State Super Scheme subject to these
regulations.
(2) If a person was,
immediately before the commencement day, entitled to a benefit from the 1993
scheme but as at that day the benefit had not been paid (whether as a result
of the operation of section 38K of the GES Act or otherwise), the person
is taken to have been a statutory member or voluntary member (as the case
requires) of the 1993 scheme immediately before the commencement day.
(3) If a statutory
member of the 1993 scheme was retired on the grounds of physical or mental
incapacity to perform his or her duties not more than 12 months before
the commencement day but as at that day had not applied for a benefit under
section 38N or 38O of the GES Act, the person is taken to have been a
statutory member of the 1993 scheme immediately before the commencement day.
31 . Voluntary Members (regulation 52)
(1) If, before the
commencement day, a person elected under section 38EA(1) of the GES Act
to contribute to the 1993 scheme as a voluntary member but as at that day the
Board had not dealt with it, the election continues as an application under
regulation 52(1) to become a voluntary Member.
(2) A current approval
granted by the Treasurer under section 38EA(1)(b) of the GES Act
permitting a person to make voluntary employee contributions continues as an
approval under regulation 52(4) allowing the person to become a voluntary
member.
Any contribution in
respect of a period before the commencement day that would have become payable
under Part VIIA of the GES Act if that Act had not been repealed, becomes
payable and is to be paid in accordance with that Act as if it had not been
repealed.
33 . Treasurer may increase
compulsory contributions (regulation 55)
A current notice given
by the Treasurer under section 38PA(1) of the GES Act increasing the
amount an Employer is to contribute continues as a notice under regulation
55(1).
34 . Voluntary employer contributions (regulation
57)
(1) A current approval
given by the Treasurer for the purposes of section 38E of the GES Act
permitting an Employer to make voluntary employer contributions continues as
an approval under regulation 57(1).
(2) A current
permission granted by the Board under section 38E of the GES Act allowing
an Employer to make voluntary employer contributions and specifying the amount
of, and timing and manner of payment of, those contributions continues as an
agreement between the Board and the Employer under regulation 57(2).
35 . Employer contribution returns (regulations 60
and 61)
(1) As soon as
practicable after the commencement day an Employer to whom Part VIIA of the
GES Act applied immediately before that day is to give to the Board a
contribution return relating to each contribution period in which an employee
of the Employer was a statutory member under that Part except a
contribution period that has been the subject of a return under
section 38F of that Act.
(2) Regulation 61
applies to and in relation to —
(a) a
contribution return made under this clause; or
(b) a
return made under section 38F of the GES Act but in respect of which a
notice has not been given under section 38G(1) of that Act,
as if it were a return
under regulation 60(1).
(3) If, before the
commencement day, an Employer made a request under section 38G(2) of the
GES Act for the Board to review the basis on which a notice under
section 38G(1) of that Act was given but as at that day the Board had not
dealt with it, the request continues as a request under regulation 61(2) as if
the notice had been given under regulation 61(1).
36 . Treasurer may require additional amounts to
be paid (regulation 62)
(1) A current
direction given by the Treasurer under section 38Q(3) of the GES Act
directing an Employer to pay an additional amount to the Fund continues as a
direction under regulation 62(1).
(2) A current
instrument made by the Treasurer under section 38Q(4) of the GES Act
allowing an Employer to defer payment of amounts payable under
section 38Q of that Act continues as a notice under regulation 62(4).
37 . Member contributions (regulation 63)
If a
West State Super Member was, immediately before the commencement day,
contributing to the 1993 scheme under section 38EA of the GES Act, then
until they agree otherwise, the Member and the Board are taken to have agreed
under regulation 63 that the Member is to contribute under that regulation at
the rate, and at the times, that the Member was contributing to the 1993
scheme immediately before the commencement day.
38 . Benefit accounts (regulations 66 and 67)
(1) The benefit
account established under regulation 66(1) for a continuing
West State Super Member is a continuation of the account maintained for that
Member under Part VIIA of the GES Act.
(2) Without limiting
regulation 67(1), the Board is to credit to the benefit account of a
continuing West State Super Member —
(a) any
amounts that —
(i)
became payable to the Fund under the GES Act before the
commencement day;
(ii)
are received by the Board after that day; and
(iii)
would have been credited to the Member’s account
under Part VIIA of the GES Act had they been received before the commencement
day;
and
(b) any
contributions paid by or in respect of the Member under clause 32 of this
Schedule.
(3) In relation to a
continuing West State Super Member, a reference in regulation 68(1) to costs
includes a reference to costs incurred before the commencement day.
(1) A current
determination by the Board under section 38I(2) of the GES Act as to the
calculation and crediting of interest to member’s accounts continues as
a decision of the Board under regulation 69(2).
(2) The time at which
the Board first credits interest to the benefit account of a continuing
West State Super Member must not be more than 12 months after interest
was last credited to the member’s account under section 38I(1) of
the GES Act.
If a continuing
West State Super Member was, immediately before the commencement day, entitled
to a benefit from the 1993 scheme but as at that day the benefit had not been
paid (whether as a result of the operation of section 38K of the GES Act
or otherwise), the entitlement continues as an entitlement to a benefit from
the West State Super Scheme.
41 . Death and disablement benefits (regulations
70, 71 and 72)
(1) For the purposes
of regulations 70, 71 and 72 the period during which a continuing
West State Super Member has been a statutory Member includes the period during
which he or she was a statutory member of the 1993 scheme.
(2) If a continuing
West State Super Member was retired on the grounds of physical or mental
incapacity to perform his or her duties not more than 12 months before
the commencement day but as at that day had not applied for a benefit under
section 38N or 38O of the GES Act, these regulations apply to and in
relation to the person as if he or she ceased to be a worker on the day, and
for the reasons, that he or she was retired.
(3) If, before the
commencement day, a continuing West State Super Member applied for a benefit
under section 38N or 38O of the GES Act but as at that day the Board
had not dealt with it, the application continues as an application for a
benefit under regulation 71 or 72 (as the case requires) as if the Member
had ceased to be a worker on the day, and for the reasons, that he or she was
retired.
42 . Treasurer may increase benefits (regulation
75)
A current notice given
by the Treasurer under section 38PB(1) of the GES Act increasing the
amount of a benefit continues as a notice under regulation 75(1).
43 . Restriction of payment of WSS withdrawal
benefit (regulation 76)
(1) Despite
regulation 76(1) the Board is to pay a continuing West
State Super Member’s WSS withdrawal benefit if —
(a) the
Member became entitled to the benefit before the commencement day;
(b) the
Board is satisfied that the Member has permanently departed from Australia, or
will do so within 3 months after the commencement day; and
(c) the
Member —
(i)
applied for payment of the benefit under
section 38K(1)(e) of the GES Act before the commencement day, but as at
that day the Board had not dealt with the application; or
(ii)
applies for payment of the benefit within 3 months
after the commencement day.
(2) Despite
regulation 76(1) the Board is to pay a continuing West
State Super Member’s WSS withdrawal benefit if —
(a) the
benefit is $500 or less;
(b) the
Member became entitled to the benefit before the commencement day; and
(c) the
Member applies to the Board for payment of the benefit before, or within
3 months after, the commencement day.
[Clause 43 amended in Gazette
13 Apr 2007 p. 1603.]
43A . Preserved benefits for former contributory
members
(1) A continuing
West State Super Member who —
(a) was
formerly a contributory member under the GES Act;
(b)
before 28 September 1993, terminated his or her contributory
membership under section 19A of that Act; and
(c) as a
result of that termination became entitled to a deferred benefit under
section 35(1)(b) of that Act,
may apply to the Board
to crystallise that deferred benefit.
(2) On receipt by the
Board of an application under subclause (1) —
(a) the
Board is to calculate the amount of the deferred benefit as if the Member has
ceased to be an employee on the date the application is received by the Board;
and
(b) the
Member —
(i)
ceases to be entitled to the deferred benefit referred to
in subclause (1)(c); and
(ii)
becomes entitled to a preserved benefit of an amount
equal to the amount calculated under paragraph (a).
(3) Part 2
Division 5 applies to a benefit referred to in subclause (2)(b)(ii)
as if the Member were a Gold State Super Member and became entitled to the
benefit under regulation 44.
[Clause 43A inserted in Gazette
26 May 2006 p. 1925-6.]
44 . Interest on preserved benefits (regulation
78)
A current
determination by the Board under section 40(3) of the GES Act as to
the manner in which interest is to be calculated in relation to benefits the
payment of which is deferred under section 38K of the GES Act continues
as a determination under regulation 78(c).
45 . Transfer of benefits to another
superannuation fund (regulation 79)
If, before the
commencement day, a continuing West State Super Member made a request under
section 13B(6) or 13D(1) of the GES Act to transfer an amount to
another superannuation fund but as at that day the Board had not dealt with
it, the request continues a request under regulation 79(1).
46 . Payment of death benefits (regulation 80)
If, before the
commencement day, a benefit became payable under the GES Act as a result of
the death of a member of the 1993 scheme but as at that day the benefit had
not been paid, regulation 80 applies to and in relation to the benefit as if
it were a death benefit as defined in that regulation.
47 . Application for disablement benefits
(regulation 81)
A current
authorisation given by a continuing West State Super Member for the purposes
of section 53(3)(b) of the GES Act allowing the Board to obtain medical
and other information or evidence continues as an authorisation for the
purposes of regulation 81(3)(c).
Part 4 — Information requirements
48 . Annual statement for Members (regulation 221)
(1) The first
annual reporting day for a continuing Member must be on or before
30 June 2001.
(2) For the purposes
of regulation 221(5), the first reporting period for a continuing Member is
the period from 1 July 2000 to the Member’s first
annual reporting day.
49 . Information to exiting Members (regulation
222)
If a continuing Member
ceases to be a Member before being given an annual statement under regulation
221(5), then the statement given to the person under regulation 222(1) is to
set out the information referred to in regulation 222(1)(c) in relation to the
period from 1 July 2000 to the day the person ceases to be a Member.
50 . Employers to provide information to the Board
(regulation 224C)
A current direction
given by the Board under section 52(1) of the GES Act specifying
information or evidence to be provided by Employers continues as a direction
under regulation 224C(1).
[Clause 50 amended in Gazette 29 Jun 2001
p. 3105.]
51 . Member may request information from the Board
(regulation 224D)
If, before the
commencement day, a continuing Member made a request under regulation 8
of the Government Employees Superannuation (General) Regulations 1992
5 but as at that day the Board had not dealt with it, the request
continues as a request under regulation 224D(1) or (3).
[Clause 51 amended in Gazette 29 Jun 2001
p. 3105.]
52 . Elections underway at commencement day
If, before the
commencement day, the Board notified the Trades and Labor Council of Western
Australia (as it was then called) under regulation 4 of the
Government Employees Superannuation (Board Elections) Regulations 1988
5 that a vacancy had occurred or was about to occur but as at that day
the vacancy had not been filled —
(a) the
process of filling the vacancy is to be completed in accordance with those
regulations as if they were still in force; and
(b) for
the purposes of section 6(3) of the State Superannuation (Transitional
and Consequential Provisions) Act 2000 the person elected to fill that
vacancy is taken to have been elected under section 5(3)(c) of the GES
Act.
53 . Dispute in progress at commencement day
If, before the
commencement day, a person lodged a dispute with the Minister under
regulation 25 of the Government Employees Superannuation (Board
Elections) Regulations 1988 5 but as at that day the Minister had
not dealt with it, the Minister is to deal with the dispute in accordance with
those regulations as if they were still in force.
54 . Interest if payment delayed (regulation 243)
(1) If a benefit
became payable under the GES Act but as at the commencement day had not been
paid, the interest payable under regulation 243 on the benefit is to be
calculated —
(a) for
a Gold State Member —
(i)
from the day on which the benefit became payable up to,
but not including, the commencement day, at a rate equal to the CPI rate plus
1%; and
(ii)
on and after the commencement day, at a rate equal to the
CPI rate plus 2%;
or
(b) for
a West State Member —
(i)
from the day on which the benefit became payable up to,
but not including 1 July 2001, at a rate equal to the CPI rate plus
2%; and
(ii)
on and after 1 July 2001, at a rate equal to the
Member’s earning rate (which may be positive or negative).
(2) A current
determination by the Board under section 40(3) of the GES Act as to
the manner in which interest is to be calculated in relation to benefits that
are not paid when they become payable, continues as a determination for the
purposes of regulation 243(c).
[Clause 54 amended in Gazette 29 Jun 2001
p. 3105-6; 13 Apr 2007 p. 1665.]
55 . Benefit in special circumstances (regulation
244)
(1) A current notice
given by the Treasurer under section 49(1)(c) of the GES Act deeming a
person to be entitled to a benefit to which he or she would not otherwise be
entitled, continues as a direction under regulation 244(1).
(2) In regulation
244 —
“former Member” includes a person who
was formerly a member of the 1987 scheme or the 1993 scheme.
56 . Power to restore lost rights (regulation 249)
(1) A current
permission to exercise a right, or a current privilege, granted by the Board
under section 55(1) of the GES Act continues as a permission or privilege
granted under regulation 249(1).
(2) In regulation 249,
in relation to a continuing Member —
“the Act” includes the GES Act.
57 . Approved forms (regulation 251)
A form currently
approved by the Board for use for the purposes of the GES Act continues, so
far as it is relevant, as a form approved for use for the purposes of these
regulations.
58 . Policy and administrative matters
All current decisions
of the Board in relation to policy or administrative matters made for the
purposes of the GES Act continue, so far as they are relevant, for the
purposes of these regulations.
