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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Superannuation Legislation
Amendment Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Parliamentary
Superannuation Act 1970
3. The Act amended 3
4. Section 28 amended 3
Part 3 -- State Superannuation
Act 2000
5. The Act amended 5
6. Section 15 amended 5
7. Section 28 amended 5
8. Section 38 amended 6
9. Section 40 inserted and validation 6
40. Inconsistent written laws 6
10. Validation of contributions made for visiting
medical practitioners 8
11. Validation of statutory membership of workers
who ceased to be excluded 8
Part 4 -- Superannuation and Family
Benefits Act 1938
12. Validation of certain things done under the
Superannuation and Family Benefits Act 1938 10
109--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Superannuation Legislation
Amendment Bill 2005
A Bill for
An Act --
• to amend the Parliamentary Superannuation Act 1970 and the
State Superannuation Act 2000;
• to validate certain things done under the State Superannuation
Act 2000, the Government Employees Superannuation Act 1987
and the Superannuation and Family Benefits Act 1938; and
for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Superannuation Legislation Amendment Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Superannuation Legislation Amendment Act 2005.
2. Commencement
5 This Act comes into operation on the day on which it receives the
Royal Assent.
page 2
Superannuation Legislation Amendment Bill 2005
Parliamentary Superannuation Act 1970 Part 2
s. 3
Part 2 -- Parliamentary Superannuation Act 1970
3. The Act amended
The amendments in this Part are to the Parliamentary
Superannuation Act 1970*.
5 [* Reprint 3 as at 4 April 2003.]
4. Section 28 amended
(1) Section 28(3) is amended as follows:
(a) after paragraph (i) by inserting the following
paragraph --
10 "
(ia) things that may be done to satisfy the
requirements of Division 2.2 of the Family Law
(Superannuation) Regulations 2001 of the
Commonwealth;
15 ";
(b) in paragraph (j) by deleting "(i)" and inserting
instead --
" (ia) ".
(2) After section 28(4) the following subsections are inserted --
20 "
(5) Subsection (4) does not prevent the making of a
determination that reduces or provides for the reduction
of any benefits to which a member or former member
is or will become entitled if --
25 (a) a superannuation agreement, flag lifting
agreement or splitting order is in force in
respect of the member or former member; and
(b) the reduction does not reduce those benefits to
less than the member's or former member's
30 entitlement under the agreement or order.
page 3
Superannuation Legislation Amendment Bill 2005
Part 2 Parliamentary Superannuation Act 1970
s. 4
(6) In subsection (5), "flag lifting agreement", "splitting
order" and "superannuation agreement" each have
the meaning given to them in section 90MD of the
Family Law Act 1975 of the Commonwealth.
5 ".
page 4
Superannuation Legislation Amendment Bill 2005
State Superannuation Act 2000 Part 3
s. 5
Part 3 -- State Superannuation Act 2000
5. The Act amended
The amendments in this Part are to the State Superannuation
Act 2000*.
5 [* Act No. 42 of 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 428.]
6. Section 15 amended
Section 15(1)(b) is amended by deleting "in respect of
10 Members".
7. Section 28 amended
(1) Section 28(2) is repealed and the following subsection is
inserted instead --
"
15 (2) A scheme, other than a scheme continued by
section 29(b), (c) or (d), may provide for the spouses or
former spouses of --
(a) persons who are working, or have worked, for
Employers; or
20 (b) persons who are, or will become, entitled to
benefits under the Parliamentary
Superannuation Act 1970,
to participate in the scheme.
".
25 (2) Section 28(3) is amended by inserting before the definition of
"spouse" --
"
"benefits" has the meaning given to that term in
section 28(1) of the Parliamentary
30 Superannuation Act 1970;
".
page 5
Superannuation Legislation Amendment Bill 2005
Part 3 State Superannuation Act 2000
s. 8
8. Section 38 amended
(1) Section 38(2)(c) is amended by deleting "to be made to" and
inserting instead --
" and transfers of money to ".
5 (2) After section 38(4) the following subsections are inserted --
"
(4a) Subsections (3) and (4) do not apply in respect of
regulations that reduce or provide for the reduction of a
Member's benefit if --
10 (a) a superannuation agreement, flag lifting
agreement or splitting order is in force in
respect of the Member; and
(b) the reduction does not reduce the Member's
benefit to less than the Member's entitlement
15 under the agreement or order.
(4b) In subsection (4a), "flag lifting agreement",
"splitting order" and "superannuation agreement"
each have the meaning given to them in section 90MD
of the Family Law Act 1975 of the Commonwealth.
20 ".
9. Section 40 inserted and validation
(1) After section 39 the following section is inserted --
"
40. Inconsistent written laws
25 The provisions of this Act and the regulations made or
applying under it that deal with the payment of benefits
under a scheme prevail over section 10 of the
Administration Act 1903 to the extent of any
inconsistency.
30 ".
page 6
Superannuation Legislation Amendment Bill 2005
State Superannuation Act 2000 Part 3
s. 9
(2) A payment or purported payment of a benefit under the State
Superannuation Act 2000, the Government Employees
Superannuation Act 1987 or the Superannuation and Family
Benefits Act 1938 that was --
5 (a) made before this section came into operation; and
(b) invalid or ineffective because of section 10 of the
Administration Act 1903,
is, and is to be taken always to have been, as valid and effective
as it would have been if section 40 of the State Superannuation
10 Act 2000, as inserted by this section, had been in operation in
respect of each Superannuation Act at the time of the payment.
(3) If --
(a) a benefit under the State Superannuation Act 2000, the
Government Employees Superannuation Act 1987 or the
15 Superannuation and Family Benefits Act 1938 was paid
to an executor or administrator of the estate of a
deceased person before this section came into operation;
(b) the executor or administrator paid, or purportedly paid,
some or all of the benefit to another person before this
20 section came into operation; and
(c) the payment was invalid or ineffective because of
section 10 of the Administration Act 1903,
the executor or administrator is, and is to be taken always to
have been, as liable for the payment referred to in paragraph (b)
25 as the executor or administrator would have been if section 40
of the State Superannuation Act 2000, as inserted by this
section, had been in operation in respect of each Superannuation
Act at the time of the payment referred to in paragraph (a).
(4) In this section --
30 "Superannuation Act" means the State Superannuation
Act 2000, the Government Employees Superannuation
Act 1987 or the Superannuation and Family Benefits
Act 1938.
page 7
Superannuation Legislation Amendment Bill 2005
Part 3 State Superannuation Act 2000
s. 10
10. Validation of contributions made for visiting medical
practitioners
(1) This section applies in relation to superannuation contributions
made, or purportedly made, under the Government Employees
5 Superannuation Act 1987 or the State Superannuation Act 2000
in respect of a visiting medical practitioner between 1 July 1992
and 30 June 2001.
(2) A thing done, or purportedly done, by the Board in consequence
of a superannuation contribution having been made, or
10 purportedly made, in respect of a visiting medical practitioner
is, and is to be taken always to have been, as valid and effective
as if the contribution had been made in respect of a person who
was a member of the relevant scheme.
(3) In this section --
15 "Board" means the Government Employees Superannuation
Board referred to in section 5 of the State Superannuation
Act 2000;
"visiting medical practitioner" means a medical practitioner
engaged, other than as an employee, to provide services in
20 a hospital.
11. Validation of statutory membership of workers who ceased
to be excluded
(1) A person who --
(a) when the State Superannuation Regulations 2001 came
25 into operation --
(i) was a worker; and
(ii) was excluded from becoming a statutory
Member (as defined in those regulations) by the
State Superannuation Regulations 2001
30 regulation 51(2), (3) or (4);
and
page 8
Superannuation Legislation Amendment Bill 2005
State Superannuation Act 2000 Part 3
s. 11
(b) before the Superannuation Amendment
Regulations 2005 came into operation, ceased to be so
excluded,
is taken to have become a statutory Member when he or she
5 ceased to be so excluded.
(2) Anything done or purported to have been done under the State
Superannuation Regulations 2001 before this Act came into
operation in relation to a person to whom subsection (1) applies,
is as valid as it would have been if the State Superannuation
10 Amendment Regulations 2005 had come into operation
immediately after the State Superannuation Regulations 2001
came into operation.
page 9
Superannuation Legislation Amendment Bill 2005
Part 4 Superannuation and Family Benefits Act 1938
s. 12
Part 4 -- Superannuation and Family Benefits Act 1938
12. Validation of certain things done under the Superannuation
and Family Benefits Act 1938
A thing done or purportedly done --
5 (a) under the Superannuation and Family Benefits Act 1938
(whether as continued in force by section 26 of the State
Superannuation (Transitional and Consequential
Provisions) Act 2000 or not); and
(b) before the State Superannuation Amendment
10 Regulations (No. 4) 2003 came into operation,
is, and is to be taken always to have been, as valid and effective
as it would have been if the definition of "department" in
section 6(1) of the Superannuation and Family Benefits
Act 1938 had been amended on 1 January 1997 by inserting
15 after "port authority" --
"
, every college (within the meaning of the
Vocational Education and Training Act 1996)
".
20
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