STATE SUPERANNUATION REGULATIONS 2001

Western Australian Current Regulations

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STATE SUPERANNUATION REGULATIONS 2001

TABLE OF PROVISIONS

PART 1 -- Preliminary

1. Citation
2. Commencement
3. Terms used
3A. Trading name prescribed (Act s. 6(3))
4. Contribution period for Employer, selecting
7. People prescribed to be Employers (Act s. 3 Employer)
8. Who a worker works for
9. Who is to discharge obligations of Employers that are governmental bodies
10. When person ceases to be worker
11. Persons in more than one job, application of regulations to

PART 2A -- Employer contributions obligations

12A. Terms used
12B. Default funds
12C. Calculation and payment of section 4B contributions
12D. Section 4C contributions
12E. Exceptions
12F. Payment of section 4C contributions
12G. Additional superannuation contributions

PART 2 -- Gold State Super Scheme

Division 1 -- Preliminary

12. Terms used
13. Term used: average contribution rate
14. Term used: contributory membership period
15. Term used: eligible Gold State worker
16. Term used: final remuneration
17A. Term used: remuneration
17. Working hours, effect of changes to
18. Health conditions, imposition of etc.

Division 2 -- Membership

19. Who may apply to be Gold State Super Member
20. Application to become Gold State Super Member
21. Treasurer may direct Board to accept ineligible worker as Member
22. Changing jobs, effect of
23. Member ceasing to be eligible due to reduced working hours becoming eligible again
24. Voluntary withdrawal from Gold State Super Scheme
25. When membership ceases

Division 3 -- Contributions

Subdivision 1 -- Preliminary

26. Term used: superannuation salary in respect of a contribution period
27. Member’s annual adjustment day, selection of
28. Employer’s contribution day, selection of

Subdivision 2 -- Employer contributions

29. Employer contributions, when to be made and amount of
30. Employer contributions, payment of
31. Unfunded benefits, contributions by Crown for

Subdivision 3 -- Member contributions

32. Member contributions, when to be made and amount of
33. Member contribution rate, selection of
34. Member contributions, how to be paid
35. Recognised unpaid leave, member’s options for contributions

Subdivision 4 -- General

36. Unrecognised unpaid leave, no contributions allowed etc.
37. Additional contributions if final remuneration includes special allowance or remuneration on secondment

Division 4 -- Benefits

38. Retirement benefit, amount of
39. Death benefit, amount of
40. Total and permanent disablement benefit, amount of
41. Partial and permanent disablement benefit, amount of
42. Death and disablement benefits, restrictions on
43. Death or disablement not covered by r. 39, 40 or 41, benefit in case of
44. Member ceasing to be eligible and no other benefit payable, benefit in case of
44A. Benefit under this Div., reduction of if benefit paid under r. 47A
44B. Transfer benefit, application for and making of
44C. Transfer benefit, amount of reduction in case of for r. 44B(6)(c)
44D. Restrictions on amount of transfer benefit

Division 5 -- Payment of benefits

45. GSS withdrawal benefit, restriction on payment of
46. GSS withdrawal benefit, interest on
46A. GSS withdrawal benefit, reduction of if payment made under r. 47A
47. Transfer of benefit to another scheme or fund
47A. Early payment in case of severe financial hardship or compassionate grounds
48. Binding death benefit nomination and payment of death benefit
49. Disablement benefit or payment of GSS withdrawal benefit on disablement, application for
49A. Member liable to pay contributions tax, commutable pension for
49B. Benefits applied for, but unpaid, at Member’s death

PART 3 -- West State Super Scheme

Division 1 -- Preliminary

50. Terms used

Division 2 -- Membership

50A. West State Super Scheme closed to new Members
51. Statutory WSS Members, exclusions from being
52. When voluntary or partner WSS Member changes kind of membership
52B. Certain Members may elect to withdraw
53. When membership ceases

Division 3 -- Contributions

Subdivision 1 -- Employer contributions

58. Commonwealth payments, acceptance of
59. Insurance payout, acceptance of as contribution
60. Employer’s contribution returns, duty to give etc.
62. Treasurer may require Employers to pay additional amounts

Subdivision 2 -- Member contributions

63. Member contributions, when payable and amount of
64. Member contributions, how to be paid
64A. Partners, Members etc. may contribute for

Subdivision 3 -- Transfers

65. Transfer of benefits to scheme by Member

Subdivision 4 -- Contribution splitting for partner

65BA. Term used: partner
65BB. Member may transfer splittable contributions for partner’s benefit
65B. Contributions‑split transfer from other scheme or fund, Board may accept

Division 4 -- West state accounts

66. West state accounts for Members, Board to establish
67. Amounts to be credited to west state accounts
68. Amounts to be debited to west state accounts
69. Earnings to be credited to Member’s account
69AA. Payments in respect of former temporary residents under the Commonwealth Unclaimed Money Act PART 3A
69AB. Payments in respect of lost member accounts under the Commonwealth Unclaimed Money Act Part 4A
69AC. Payments in accordance with release authority
69AD. Payments in respect of inactive low‑balance west state accounts in accordance with Commonwealth Unclaimed Money Act Part 3B

Division 4A -- Member investment choice

69A. Terms used
69B. Investment plans for Members, Board to establish
69C. Default plan for Members
69D. Investment plan, Member to select etc.
69E. Board to invest in accord with Member’s plan
69F. Earning rates, determining

Division 5 -- Benefits

Subdivision 1 -- Preliminary

69G. Terms used

Subdivision 2 -- Covered risk benefits Members

69H. Covered risk benefits Members, who are automatically
69I. Covered risk benefits Member, Board may give certain people option to become
69J. Ceasing to be a covered risk benefits Member
69K. Covered risk benefits Member, certain people may opt to become
69L. Opt‑in notice, Board’s functions on receiving
69M. Opt‑in notice, altering or cancelling acceptance of

Subdivision 3 -- Provision of supplementary risk benefits

70A. Supplementary risk benefits, Board may provide
70B. Supplementary risk benefits, terms of

Subdivision 4 -- Benefits

70. Death benefit for covered risk benefits Member, amount of etc.
71. Incapacity benefit for covered risk benefits Member, amount of etc.
72. Covered risk benefits Member, supplementary salary continuance benefits for
73A. Covered risk benefits Members, Treasurer may increase basic risk benefits for
73. Death benefit for other WSS Members, amount and payment of
74. Benefit if no other benefit under this Part, amount and payment of

Subdivision 5 -- External insurance

75. Insurance policies for benefits under r. 70, 71 and 72, Board may enter
75A. Cancellation of entitlement to covered risk benefit for Members with inactive west state accounts

Division 6 -- Payment of benefits

76A. Term used: earnings
76. WSS withdrawal benefit, payment of
77. Preserved WSS withdrawal benefit ceases if Member again becomes worker
79. Transfer of benefit to other scheme or fund or Commonwealth Commissioner of Taxation
79AAA. Transfer of benefit under the Commonwealth Unclaimed Money Act Part 3
79AA. Transferred benefit, payment or transfer of
79AB. General rules for request under r. 74(3), 76(2), 79 or 79AA
79A. Early payment in case of severe financial hardship or compassionate grounds
79B. Early payment for purpose of phased retirement benefit
80A. Early payment in case of temporary resident departing Australia
80B. Part payment of benefit etc., effect of on protected amount
80. Binding death benefit nomination and payment of death benefit
81. Disablement benefit or payment of WSS withdrawal benefit on disablement, application for
81A. Member liable to pay contributions tax, commutable pension for
81B. Benefits applied for, but unpaid, at Member’s death

PART 3A -- GESB Super Scheme

Division 1 -- Establishment and preliminary

82. Scheme established
83. Terms used

Division 2 -- Membership

84. Statutory GESB Super Members
85. Voluntary GESB Super Members
86. Partner GESB Super Members, who are
87. When membership ceases

Division 3 -- Contributions

Subdivision 1 -- Employer contributions

92. Employer’s contribution returns, duty to give etc.
93. Accepting Commonwealth payments
94A. Insurance payouts, acceptance of as contribution

Subdivision 2 -- Member contributions

94. Making Member contributions
95. Members contributing for partners

Subdivision 3 -- Transfers

96. Transfers to GESB Super Scheme

Subdivision 4 -- Contributions‑splitting for partner

97. Term used: partner
98. Member may transfer splittable contributions for partner’s benefit
99. Accepting contributions‑split transfers

Division 4 -- GESB Super accounts

101. GESB Super accounts for Members, Board to establish
102. Amounts to be credited to GESB Super accounts
103. Amounts to be debited to GESB Super accounts
104. Earnings to be credited to Member’s account
105A. Payments in respect of former temporary residents under the Commonwealth Unclaimed Money Act Part 3A
105B. Payments in respect of lost member accounts under the Commonwealth Unclaimed Money Act PART 4A
105C. Payments in accordance with release authority
105D. Payments in respect of inactive low‑balance GESB Super accounts in accordance with Commonwealth Unclaimed Money Act PART 3B

Division 5 -- Member investment choice

105. Terms used
106. Investment plans for Members, Board to establish
107. Default plan for Members
108. Investment plan, Member to select etc.
109. Board to invest in accord with Member’s plan
110. Earning rates, determining

Division 6 -- Benefits

Subdivision 1 -- Preliminary

111A. Terms used

Subdivision 2 -- Covered GESB Super Members

111B. Covered GESB Super Members, who are automatically
111C. Covered GESB Super Member, Board may give certain people option to become
111D. Ceasing to be covered GESB Super Member
111E. Covered GESB Super Member, certain people may opt to become
111F. Opt‑in notice, Board’s functions on receiving
111G. Opt‑in notice, altering or cancelling acceptance of

Subdivision 3 -- Insurance

111. Life insurance for covered GESB Super Members, Board’s functions as to
112. Disability insurance and salary continuance insurance, Board may provide
113. Terms of insurance provided under r. 111 or 112
113A. Insurance for dual members

Subdivision 4 -- Benefits

114. Withdrawal benefit, when payable
115. Death benefit, when payable
116. Insurance under r. 111 or 112, when proceeds from payable
116A. Cancellation of insurance cover for inactive GESB Super accounts

Division 8 -- Payment of benefits

117. Term used: earnings
118. GESB withdrawal benefit, payment of
119. Preserved GESB withdrawal benefit ceases if Member again becomes worker
120. Transfer of benefit to another scheme or fund
121A. Transfer of benefit under the Commonwealth Unclaimed Money Act Part 3
121. Binding death benefit nomination and payment of death benefit
122. Transferred benefit, payment or transfer of
122A. General rules for request under r. 114(2), 118(2), 120 or 122(1)
123. Early payment in case of severe financial hardship or compassionate grounds
124. Early payment for purpose of phased retirement benefit
125. Early payment in case of temporary resident departing Australia
126. Transfer of Member’s balance to Commonwealth Commissioner of Taxation
126A. Benefits applied for, but unpaid, at Member’s death

PART 4 -- Retirement Income Scheme

Division 1 -- Establishment and preliminary

170. Scheme established
171. Terms used

Division 2 -- Membership

172. Retirement Income Members, who may be
173. Additional or replacement pensions, applying for
174. When membership ceases

Division 3 -- Contributions

175. Transfer of benefits to scheme by new Member
176. Duty of Member starting additional pension to transfer benefits to scheme
177. Transfers required or permitted when Member starts replacement pension
177A. Transfers to be directly to scheme
178A. Restriction on contributions and transfers

Division 4 -- Retirement income accounts

178. Retirement income accounts for Members, Board to establish
179. Sub‑accounts, Member may request etc.
180. Amounts to be credited to retirement income accounts
181. Amounts to be debited to retirement income accounts
182. Earnings to be credited to Member’s account

Division 5 -- Member investment choice

183. Terms used
184. Investment plans for Members, Board to establish
185. Default plan for Members
186. Investment plan, Member to select etc.
187. Board to invest in accord with Member’s plan
188. Earning rates, determining

Division 6 -- Pension and other benefits

189. Frequency of pension payment, selection of
190. Pension amount, selection of
191. Pension, payment of by Board
192. Member may request lump sum benefit
193. Payment on death of Member, Member to select type of
194. Binding death benefit nomination and payment of lump sum death benefit
195. Reversionary pension, effect of selecting
196AA. Payments in respect of former temporary residents under the Commonwealth Unclaimed Money Act Part 3A
196AB. Payments in respect of lost member accounts under the Commonwealth Unclaimed Money Act Part 4A
196AC. Transfer of benefit under the Commonwealth Unclaimed Money Act PART 3
196AD. Payments in accordance with release authority
196AE. Benefits applied for, but unpaid, at Member’s death

PART 4A -- Term Allocated Pension Scheme

Division 1 -- Establishment and preliminary

196. Scheme established
196A. Terms used

Division 2 -- Membership and purchase

196B. Term Allocated Pension Members, who may be
196C. When membership ceases
196D. Transfer of benefits to scheme by new Member
196EA. Restriction on transfers

Division 3 -- Term allocated pension accounts

196E. Term allocated pension accounts for Members, Board to establish
196F. Sub‑accounts, Member may request etc.
196G. Amounts to be credited to term allocated pension accounts
196H. Amounts to be debited to term allocated pension accounts
196I. Earnings to be credited to Member’s account

Division 4 -- Member investment choice

196J. Terms used
196K. Investment plans for Members, Board to establish
196L. Default plan for Members
196M. Investment plan, Member to select etc.
196N. Board to invest in accord with Member’s plan
196O. Earning rates, determining

Division 5 -- Pension and other benefits

196P. Pension period, selection of
196Q. Frequency of pension payment, selection of
196R. Pension, amount and payment of
196S. Commutation of pension, Member may request etc.
196T. Payment on death of Member, Member to select type of
196U. Binding death benefit nomination and payment of lump sum death benefit
196V. Reversionary pension, effect of selecting
196W. Payments in accordance with release authority

PART 5 -- GESB Super (Retirement Access) Scheme

Division 1 -- Establishment and preliminary

200. Scheme established
200A. Name of scheme changed on 12 Apr 2008
201. Term used: retirement access account

Division 2 -- Membership

202. Scheme closed to new members on 2 Apr 2008
203. When membership ceases

Division 3 -- Contributions

205. Voluntary contributions, making
206. Transfer of benefits to scheme by Member
206A. Other payments etc. for Members
206B. Transfers to be directly to scheme
207A. Restriction on contributions and transfers

Division 4 -- Retirement access accounts

207. Retirement access accounts for Members, Board to establish
208. Amounts to be credited to retirement access accounts
209. Amounts to be debited to retirement access accounts
210. Earnings to be credited to Member’s account

Division 5 -- Member investment choice

211. Terms used
212. Investment plans for Members, Board to establish
213. Default plan for Members
214. Investment plan, Member to select etc.
214A. Investment plan of Member who is also a GESB Super Member
215. Board to invest in accord with Member’s plan
216. Earning rates, determining

Division 6 -- Access to benefits

217. Member may request payment or transfer of benefit
219. Binding death benefit nomination and payment of death benefit
219AA. Transfer of Member’s balance to Commonwealth Commissioner of Taxation
219AB. Payments in respect of former temporary residents under the Commonwealth Unclaimed Money Act PART 3A
219AC. Payments in respect of lost member accounts under the Commonwealth Unclaimed Money Act Part 4A
219AD. Transfer of benefit under the Commonwealth Unclaimed Money Act Part 3
219AE. Benefits applied for, but unpaid, at Member’s death

PART 5A -- Family law property settlements

219A. Terms used
219B. Application of this Part
219C. Splitting instrument, effect of at operative time
219D. Ex‑spouse’s entitlement, value and transfer of etc.
219E. Member in 2 or more schemes, effect of reduction on
219F. Member of accumulation scheme, effect of reduction on
219G. Member of Gold State Super Scheme, effect of reduction on
219H. Notice of transfer under r. 219D

PART 6 -- Information requirements

220. Terms used
221. Information for new Members, Board to give
222. Annual reporting day for Member, Board to select
223. Member’s benefit entitlements, Board to inform Member about annually
224. Fund, Board to inform Members about annually
224A. Significant events, Board to inform Members about
224AA. Notice of inactivity issued for inactive accounts
224AB. Information for Members who elect to maintain risk benefits or insurance
224B. Person ceasing to be Member, Board to inform about entitlements
224C. Employers to give Board information
224D. Member, Employer etc., Board to give information to on request
224E. Information to be given if benefit transferred to Commonwealth Commissioner of Taxation
224F. Certain information protected from disclosure by Board
224G. Family Law Act, Board’s duties under to give information
225AA. Information relating to unclaimed money, etc.
225A. How Board to give information

PART 7 -- Board elections

225. Terms used
226. Conduct of elections (Act s. 8(1)(c))
227. Need for election, Board to notify UnionsWA of (Act s. 8(1)(c))
228. Returning officer, appointment of
229. Nominations, calling for
230. Nominations, making etc.
231. Procedure after close of nominations
232. Entitlement of organisations to vote
233. Ballot papers, form and content of
234. Ballot papers, replacing
235. Voting, method of
236. Scrutineers, appointment and functions of
237. Counting of votes
238. Declaration and notification of results
239. Ballot papers, preservation of
240. Disputes as to conduct or result of election
241. Costs of election

PART 8 -- General

Division 1 -- Benefits

242. Incapacity of beneficiary, effect of
243. Late payments, interest on
244. Benefit in special circumstances, payment of
244A. Board must comply with forfeiture orders
245. Assignment or charge over benefit prohibited
246. Benefit does not pass to other persons
246A. Transfers to other fund not agreeing to transfer
246B. Investment powers of Member, exercise of after death or incapacity of
246C. Board must approve period for which limited binding death benefit nominations remain in force
246D. Board may set and notify pre‑set minimums

Division 2 -- Other matters

247. Percentage prescribed (Act s. 20(3))
248. Board direction under Act s. 26(2), restriction on etc.
248A. Crown payments to Board to accord with deed
248B. Overpayment of contributions
249. Rights etc. lost by person, restoration of etc. by Board
250. Independent review by AFCA of Board’s decisions
251. Form of documents and information
252. Special provisions for certain Gold State Super Members and West State Super Members (Sch. 2)
253. Some GES Act provisions discontinued in relation to some schemes
254. Transitional provisions (Sch. 3)
SCHEDULE 1 -- Employers
SCHEDULE 2 -- Special provisions for certain Gold State Super Members and West State Super Members
SCHEDULE 3 -- Transitional provisions

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