1Citation
These regulations may be cited as the State Superannuation Regulations 2001.
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThese regulations may be cited as the State Superannuation Regulations 2001.
These regulations come into operation on the day on which the State Superannuation Act 2000 comes into operation.
In these regulations —
accumulation account means —
for a West State Super Member, the Member’s west state account (as defined in regulation 50); and
for a GESB Super Member, the Member’s GESB Super account (as defined in regulation 83); and
for a Retirement Income Member, the Member’s retirement income account (as defined in regulation 171); and
for a Term Allocated Pension Member, the Member’s term allocated pension account (as defined in regulation 196A); and
for a GESB Super (Retirement Access) Member, the Member’s retirement access account (as defined in regulation 201);
AFCA scheme has the meaning given in the Corporations Act section 761A (which refers to the external dispute resolution scheme provided for in Part 7.10A of that Act);
Australian Financial Complaints Authority means the operator of the AFCA scheme;
charge percentage means the Employer’s charge percentage for the relevant Member, calculated in accordance with section 19 of the SGA Act before applying any reduction under section 22 or 23 of that Act;
commencement day means the day on which these regulations come into operation;
Commonwealth payment means a payment from the Commonwealth Commissioner of Taxation of —
a shortfall component under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; or
a PPL superannuation contribution as defined in the Paid Parental Leave Act 2010 (Cth) section 6; or
a Government co‑contribution under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 of the Commonwealth; or
any other amount that the Commissioner may, under a law of the Commonwealth, pay to the Fund for a Member;
Commonwealth Unclaimed Money Act means the Superannuation (Unclaimed Money and Lost Members) Act 1999 (Commonwealth);
commutation authority means a commutation authority issued by the Commonwealth Commissioner of Taxation under the Taxation Administration Act 1953 (Commonwealth) Schedule 1 Division 136;
condition of release means a condition of release specified in the SIS Regulations Schedule 1;
contribution period means the period selected under regulation 4;
contributions‑split transfer means a transfer to a scheme from another scheme or superannuation fund in accordance with Division 6.7 of the SIS Regulations, or that would be in accordance with that Division if the transferring scheme or fund were a regulated superannuation fund;
contributions tax means tax imposed by the Superannuation Contributions Tax Imposition Act 1997 or Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth;
CPI rate means, for a financial year, the greater of zero and the rate equal to CPI in the formula —
[Image unavailable: official WA source graphic]
where —
IT is the Consumer Price Index number (All Groups Index) for Perth published by the Commonwealth Statistician under the Census and Statistics Act 1905 of the Commonwealth for the quarter ending on the 31 March immediately preceding the start of that financial year; and
IL is that Index number for the quarter ending on the previous 31 March;
dependant has the meaning given in the SIS Act section 10(1);
For the purposes of section 6(3) of the Act “GESB” is prescribed as a trading name that the Board may use and operate under in carrying out its functions.
[Regulation 3A inserted: Gazette 26 Nov 2004 p. 5311.]
The Treasurer is to select a period to be the contribution period for each Employer and its workers.
The Treasurer may select different contribution periods for different classes of workers of an Employer.
The Treasurer may change the contribution period or periods for an Employer provided the change is not detrimental to any worker.
The Treasurer is to notify the Employer of the period or periods selected under this regulation and any change in the selection.
Until the Treasurer selects otherwise the contribution periods for an Employer are —
in respect of workers who are Gold State Super Members — the fortnight commencing on the commencement day and each subsequent fortnight; and
in respect of workers who are not Gold State Super Members and who are paid periodically at intervals of less than 3 months — the workers’ pay periods; and
in respect of workers who are not mentioned in paragraph (a) or (b) — each quarter.
[Regulation 4 amended: Gazette 13 Apr 2007 p. 1620-1; 23 Jul 2013 p. 3296-7.]
[5-6A. Deleted: Gazette 23 Jul 2013 p. 3297.]
For the purposes of paragraph (d) of the definition of Employer in section 3 of the Act, the authorities, bodies and persons listed in Schedule 1 are prescribed.
A worker who is appointed under Part 3 of the Public Sector Management Act 1994 and to whom subsections (2), (3) and (7) do not apply, is taken to work for the Employer for, within, or for the purposes of, which or whom the worker works.
A worker who is the holder of an office or position established or continued under a written law, other than a parliamentarian, is taken to work for the Government of Western Australia.
A worker who is a parliamentarian is taken to work for the Government of Western Australia.
A worker who is appointed to an office or position by the Governor, a Minister, an Employer or another worker is taken to work for the Government of Western Australia.
A worker who is appointed under section 64(1) or 100(2) of the Public Sector Management Act 1994 is taken to work for the Employer for, within, or for the purposes of, which or whom the worker works.
A worker who is appointed under Part I of the Police Act 1892 is taken to work for —
in the case of the Commissioner of Police, the Government of Western Australia; and
otherwise, the Commissioner of Police.
A worker who is a member of the Governor’s Establishment (as defined in the Governor’s Establishment Act 1992) is taken to work for the Governor.
A worker who is a member of a department of the staff of Parliament referred to in the Parliamentary and Electorate Staff (Employment) Act 1992 is taken to work for whichever of —
the President of the Legislative Council; or
the Speaker of the Legislative Assembly; or
the President of the Legislative Council and the Speaker of the Legislative Assembly acting jointly,
is specified in that Act as the worker’s employer.
A worker who is otherwise appointed by the Governor or a Minister under an Act as an officer, servant or member of staff, of, for, or for the purposes of, an Employer and to whom subregulations (1) to (7) do not apply, is taken to work for that Employer.
A worker who is otherwise employed under a contract of employment to work for, within, or for the purposes of, an Employer, and to whom subregulations (1) to (8) do not apply, is taken to work for that Employer.
A worker who is engaged under a contract for services to provide services to, or for the purposes of, an Employer where at least 50% of the person’s compensation under the contract is for the person’s labour, is taken to work for that Employer.
A worker who is employed or engaged by a person who is not an Employer but who is seconded to work for, within, or for the purpose of, an Employer under an agreement that requires the Employer to provide superannuation for the person is taken to work for that Employer.
If a worker is on secondment from one Employer to another, the worker is taken to work for the Employer to whom he or she is seconded.
[Regulation 8 amended: Gazette 29 Jun 2001 p. 3081-2; 23 Jul 2013 p. 3297.]
Where, under these regulations, a worker, other than a parliamentarian, is taken to work for the Government of Western Australia, the obligations of the Government as the Employer of the worker are to be discharged by —
the Minister having general responsibility for the office or position held by the worker; or
a person, or the employing authority of a department or organisation, specified by the Treasurer by order published in the Gazette.
An order under subregulation (1)(b) may specify that, in relation to the worker to whom it relates, the Government is a Division 2 Employer.
The Treasurer may, by order published in the Gazette, amend or revoke an order made under subregulation (1)(b).
The obligations of the Government of Western Australia as the Employer of a worker who is a parliamentarian are to be discharged by the Minister to whom the administration of the Constitution Act 1889 is for the time being committed by the Governor.
Where, under these regulations, a worker is taken to work for a department or organisation that is not a corporate body, the obligations of the department or organisation as the Employer of the worker are to be discharged by the employing authority of the department or organisation.
In this regulation —
employing authority and organisation have the same meanings as they have in the Public Sector Management Act 1994.
[Regulation 9 amended: Gazette 29 Jun 2001 p. 3082.]
For the purposes of these regulations a person ceases to be a worker on the day on which the Member’s job actually terminates regardless of whether, or when, the Employer acted to terminate the job.
Subject to regulation 45(5) and subregulation (3), if a person works in more than one job for one or more Employers, these regulations apply as if the person were, in respect of each job, a separate person.
Without limiting subregulation (1), the fact that a person is, in respect of one job, ineligible to be a Member does not prevent the person from being a Member in respect of another job.
If, in a particular case, the application of subregulation (1) in relation to a person produces a result that the Board considers to be inequitable, the Board may, to the extent necessary to avoid the inequality, apply these regulations in relation to that person as if all of the person’s jobs were one combined job.
[Regulation 11 amended: Gazette 8 Jul 2008 p. 3214.]
In this Part —
employee has the meaning given in the SGA Act section 12;
ordinary time earnings has the meaning given in the SGA Act section 6(1);
section 4B contribution means a superannuation contribution that an Employer is required to make by section 4B of the Act;
section 4C contribution means a superannuation contribution that an Employer is required to make by regulation 12D.
[Regulation 12A inserted: Gazette 23 Jul 2013 p. 3297-8.]
In this regulation —
unique superannuation identifier has the meaning given in the SIS Regulations section 3B.01.
For the purposes of paragraph (a) of the definition of default fund in section 4A(1) of the Act, the default fund for an employee is —
if the employee is a West State Super Member — the West State Super Scheme;
if the Employer in respect of the employee is Keystart — Mercer Business Super (unique superannuation identifier 19 905 422 981 708);
in any other case — the GESB Super Scheme.
[Regulation 12B inserted: Gazette 23 Jul 2013 p. 3298; amended: SL 2026/102 r. 5.]
Showing the first 12 of 330 provisions. See all provisions