State Superannuation Regulations 2001

Unless permitted to do so by another provision of this Division the Board must not pay a West State Super Member’s WSS withdrawal benefit unless the Member —

is retired; or

is suffering permanent incapacity; or

is partially and permanently disabled; or

suffers from a terminal medical condition; or

is at least 65 years of age; or

has died.

If a West State Super Member —

satisfies the Board that he or she is retired; and

subsequently ceases to be retired,

A West State Super Member who is entitled to a WSS withdrawal benefit may request payment of the benefit if —

the benefit has become payable under subregulation (1)(a), (b), (c), (da) or (d) or subregulation (1A); or

all of the following apply —

the Member is a statutory WSS Member or a voluntary WSS Member;

the benefit is less that $200;

the Member has ceased to work for the Employer for whom he or she worked immediately before he or she became entitled to the benefit.

On receipt of a request under subregulation (2) the Board is to pay the benefit and earnings to the Member.

If a West State Super Member’s WSS withdrawal benefit becomes payable under subregulation (1)(e), the Board is to pay the benefit and earnings in accordance with regulation 80.

For the purposes of subregulation (1)(b) a Member is suffering permanent incapacity if —

the Member is not gainfully employed; and

the Board is reasonably satisfied that the Member is unlikely, because of ill‑health (whether physical or mental), ever again to engage in gainful employment for which the Member is reasonably qualified by education, training or experience.