Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
death benefit , of a Gold State Super Member,
means the following —
(a) a
benefit that becomes payable under regulation 39 or 43(a) because the
Member has died;
(b) the
Member’s GSS withdrawal benefit that becomes payable because the Member
has died;
(c) a
benefit that becomes payable to the Member under the Gold State Super Scheme
but is not paid or transferred under regulation 47 before the Board is
notified of the Member’s death.
(1A) A Gold State
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 Gold State 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 Gold State 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 Gold State 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 Gold State 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) The Board may pay
up to $25 000 of a death benefit in accordance with
subregulation (3A) if —
(a)
either —
(i)
no binding death benefit nomination is in force in
respect of a Gold State Super Member when the Member dies; or
(ii)
subregulation (1C)(a) or (b) applies;
and
(b)
either —
(i)
the Board 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)
the Board considers it desirable to make the payment in
order to relieve or avoid hardship.
(3A) If the Board
decides to make a payment under subregulation (3) the Board may make the
payment —
(a) to 1
or more of the Member’s dependants in proportions determined by the
Board; or
(b) if,
after making reasonable enquiries, the Board has been unable to find any
dependant of the Member, to 1 or more other individuals in proportions
determined by the Board.
[(4) deleted]
[Regulation 48 amended: Gazette
28 Jun 2002 p. 3031-2; 13 Jun 2003 p. 2113;
1 Dec 2004 p. 5706; 13 Apr 2007 p. 1597;
SL 2021/49 r. 5; SL 2021/132 r. 5; SL 2022/173
r. 4.]