Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
death benefit , of a GESB Super Member, means the
following —
(a) a
benefit that becomes payable under regulation 115 because the Member
dies;
(b) any
other benefit or amount that becomes payable under the GESB Super Scheme
because the Member dies;
(c) a
benefit that becomes payable to the Member under the GESB Super Scheme but is
not paid or transferred under regulation 120 before the Board is notified
of the Member’s death.
(1A) A GESB Super
Member may at any time give the Board a notice (a binding death benefit
nomination ) that —
(a)
directs the Board to pay the whole of any death benefit that may become
payable in respect of the Member to —
(i)
a permitted nominee of the Member specified in the
notice; or
(ii)
2 or more permitted nominees of the Member specified in
the notice, in percentages specified in the notice (the aggregate of which
must equal 100%);
and
(b)
includes a statement that the nomination is to remain in force —
(i)
indefinitely; or
(ii)
for the period approved by the Board under
regulation 246C(2) at the time the nomination is given.
(1B) A binding death
benefit nomination given by a GESB Super Member comes into force when it is
received by the Board and remains in force until any of the following
occurs —
(a) the
Board receives a notice given by the Member revoking the binding death benefit
nomination;
(b) the
Board receives a subsequent binding death benefit nomination given by the
Member;
(c) the
Member ceases to be a GESB Super Member;
(d) for
a nomination that includes a statement referred to in
subregulation (1A)(b)(ii) — the period referred to in that
subregulation expires.
(1C) If a binding
death benefit nomination is in force in respect of a GESB Super Member when
the Member dies, the Board must pay the Member’s death benefit in
accordance with the nomination unless any person specified in the nomination
as a person to whom all or any percentage of the death benefit is to be
paid —
(a)
cannot be found after the Board has made reasonable enquiries; or
(b) is
not a permitted nominee of the Member at the time of the Member’s death.
(1D) If no binding
death benefit nomination is in force in respect of a GESB Super Member when
the Member dies, or subregulation (1C)(a) or (b) applies, then subject to
subregulation (3) the Board must pay the Member’s death benefit to
the executor of the Member’s will or administrator of the Member’s
estate.
(2) A benefit paid
under subregulation (1C) or (1D) to the executor of a Member’s will
or administrator of a Member’s estate —
(a)
forms part of the Member’s estate; but
(b) is
not an asset in the Member’s estate that is applicable in payment of the
Member’s debts and liabilities.
(3) If —
(a)
either —
(i)
no binding death benefit nomination is in force in
respect of a GESB Super Member when the Member dies; or
(ii)
subregulation (1C)(a) or (b) applies;
and
(b) the
Board —
(i)
has been unable, after making reasonable enquiries, to
find an executor of the Member’s will or administrator of the
Member’s estate; or
(ii)
considers it desirable to do so in order to relieve or
avoid hardship,
the Board may pay up
to $25 000 of a death benefit —
(c) to
one or more of the Member’s dependants in proportions determined by the
Board; or
(d) if,
after making reasonable enquiries, the Board has been unable to find any
dependant of the Member, to one or more other individuals in proportions
determined by the Board.
[(4) deleted]
[Regulation 121 inserted: Gazette
13 Apr 2007 p. 1657-8; amended: SL 2021/49 r. 8.]