Western Australian Current Regulations

STATE SUPERANNUATION REGULATIONS 2001 - REG 15

15 .         Term used: eligible Gold State worker

        (1)         In this Part —

        eligible Gold State worker means a person who —

            (a)         at all times on and from 30 December 1995 to the commencement day, was, or was taken to have been —

                  (i)         a member of the 1987 scheme under the GES Act; or

                  (ii)         eligible to be a member of that scheme;

                and

            (b)         did not terminate his or her membership of the 1987 scheme under section 19A of the GES Act; and

            (c)         subject to regulations 22 and 23, has been a worker continuously since the commencement day; and

            (d)         is not excluded by subregulation (2); and

            (e)         has not voluntarily withdrawn from the Gold State Super Scheme under regulation 24.

        (2)         A person is excluded by this subregulation if the person —

            (a)         is a judge or other person with an entitlement, or an expectation of an entitlement, to a benefit under the Judges’ Salaries and Pensions Act 1950 ; or

            (b)         is a Pension Scheme Member or a Provident Scheme Member, unless regulation 19(1)(b) or (c) applies to the person; or

            (c)         is in receipt of a pension under the Pension Scheme, other than a reversionary pension; or

            (d)         works on a part‑time basis for less than one hour a week; or

            (e)         is a casual worker whose remuneration for that casual job is less than $250 a month; or

            (f)         is a casual worker who has not worked in that casual job in the last 12 months and cannot reasonably expect to again work in that job; or

            (g)         is a worker by reason only of paragraph (i) or (j) of the definition of worker in regulation 3; or

            (h)         is a member of another superannuation fund under which the worker’s benefits are wholly or partly funded by the Employer, unless —

                  (i)         the Employer funding is provided under a salary sacrifice agreement; or

                  (ii)         the worker is not for the time being accruing Employer funded benefits in that fund;

                or

                  (i)         is receiving remuneration from the Employer that includes a component in substitution for superannuation; or

            (j)         subject to subregulation (3), is receiving, or has received, invalid or disability benefits under a public sector (including local government) superannuation scheme in the State or elsewhere in Australia.

        (3)         The Board may decide that subregulation (2)(j) does not apply to a particular person.