State Superannuation Regulations 2001
Part 1 - Preliminary


    3. Interpretation

    (1) In these regulations

    }charge percentage~ means the Employer's charge percentage for the relevant Member, calculated in accordance with section 20 or 21 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;

    }contribution period~ means the period selected under regulation 4;

    }CPI rate~ means, for a financial year, the lesser of zero and the rate equal to CPI in the formula


    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;

    }Division 1 Employer~ means an Employer listed or referred to in Division 1 of Schedule 1;

    }Division 2 Employer~ means an Employer listed or referred to in Division 2 of Schedule 1;

    }earning rate~, in respect of a Member, means the earning rate determined by the Board for

    (a) if the Member has selected a personalised investment plan, the Member; or

    (b) otherwise, the investment plan selected by the Member;

    }eligible rollover fund~ means an eligible rollover fund as defined in the SIS Act;

    }eligible termination payment~ has the same meaning as it has in section 27A(1) of the Income Tax Assessment Act 1936 of the Commonwealth;

    }former member~ means a person who is not a Member nor a pensioner under the S&FB Act, but who has been

    (a) a Member;

    (b) a contributor or qualified contributor under the S&FB Act; or

    (c) a subscriber or contributor to the Provident Account under Part VA of the S&FB Act;

    }Gold State Super Member~ means a Member of the Gold State Super Scheme;

    }Gold State Super Scheme~ means the superannuation scheme continued by section 29(b) of the Act;

    }Member~ means, except in Part 7, a Gold State Super Member, a West State Super Member, a Retirement Income Member, a Term Allocated Pension Member or a Retirement Access Member;

    }parliamentarian~ means a Member of the Legislative Council or a Member of the Legislative Assembly;

    }partial and permanent disablement~ means physical or mental incapacity to an extent that the Board considers that a Member is, and until turning 60 will remain

    (a) unable to perform the duties of the Member's job; but

    (b) able to perform the duties of another job (in either the public sector or the private sector) for which the Board considers the Member

    (i) is suited by reason of the Member's education, training or experience; or

    (ii) would be suited if the Member was retrained;

    }partner~ means spouse or de facto partner;

    }Pension Scheme~ means the superannuation scheme continued by section 29(c) of the Act;

    }Pension Scheme Member~ means a person who

    (a) is contributing for units of pension under the Pension Scheme; or

    (b) has made an election under section 60AA of the S&FB Act and who is not in receipt of a pension under the Pension Scheme;

    }preserved benefit~ means a benefit under regulation 44, 73, 74(2)(a) or 74B(2);

    }Provident Scheme~ means the superannuation scheme continued by section 29(d) of the Act;

    }Provident Scheme Member~ means a person who is a subscriber or contributor to the Provident Account (within the meaning of the S&FB Act);

    }quarter~ means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October;

    }remuneration~ has the meaning given by regulations 5, 6 and 6A;

    }Retirement Access Member~ means a Member of the Retirement Access Scheme;

    }Retirement Access Scheme~ means the superannuation scheme established by regulation 200;

    }Retirement Income Member~ means a Member of the Retirement Income Scheme;

    }Retirement Income Scheme~ means the superannuation scheme established by regulation 170;

    }S&FB Act~ includes the Superannuation and Family Benefits Act 1938 2 as continued in force by section 26 of the State Superannuation (Transitional and Consequential Provisions) Act 2000 and as subsequently amended;

    }salary sacrifice agreement~ means an agreement under which an Employer agrees to pay, as part of a Member's remuneration, contributions to the Fund that would otherwise be payable by the Member or that the Member has agreed to pay;

    }SGA Act~ means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;

    }SIS Act~ means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

    }SIS Regulations~ means the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

    }superannuation fund~ means

    (a) a regulated superannuation fund (as defined in the SIS Act);

    (b) an exempt public sector superannuation scheme (as defined in that Act);

    (c) a regulated approved deposit fund (as defined in that Act);

    (d) a retirement savings account (as defined in the Retirement Savings Accounts Act 1997 of the Commonwealth); or

    (e) a life insurance company or registered organisation (both as defined in the SIS Act) for the purpose of providing of a benefit that is an annuity for the purposes of the SIS Act;

    }Term Allocated Pension Member~ means a Member of the Term Allocated Pension Scheme;

    }Term Allocated Pension Scheme~ means the superannuation scheme established by regulation 196;

    }the Employer~, in relation to a worker, means the Employer for whom the worker works;

    }total and permanent disablement~ means physical or mental incapacity to an extent that the Board considers that a Member is, and until turning 60 will remain, unable to perform the duties of any job (in either the public sector or the private sector) for which the Board considers the Member

    (a) is suited by reason of the Member's education, training or experience; or

    (b) would be suited if the Member was retrained;

    }West State Super Member~ means a member of the West State Super Scheme;

    }West State Super Scheme~ means the superannuation scheme continued by section 29(a) of the Act;

    }worker~ means a person who is

    (a) appointed under Part 3 of the Public Sector Management Act 1994;

    (b) the holder of an office or position established or continued under a written law, other than a parliamentarian;

    (ba) a parliamentarian;

    (c) appointed to an office or position by the Governor, a Minister, an Employer or another worker;

    (d) appointed under section 64(1) or 100(2) of the Public Sector Management Act 1994;

    (e) appointed under Part I of the Police Act 1892;

    (f) a member of the Governor's establishment (as defined in the Governor's Establishment Act 1992);

    (g) otherwise appointed by the Governor or a Minister as an officer, servant or member of staff of, for, or for the purposes of, an Employer;

    (h) otherwise employed under a contract of employment to work for, within, or for the purposes of an Employer;

    (i) 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 remuneration under the contract is for the person's labour; or

    (j) employed or engaged by a person who is not an Employer but who is seconded to work for, within or for the purposes of an Employer under an agreement that requires the Employer to provide superannuation for the person.

    (2) In these regulations a reference to a benefit that is immediately payable to a person does not include a benefit that is payable

    (a) from another scheme in circumstances where, if the SIS Regulations applied, the benefit would be payable; or

    (b) from another superannuation fund,

    because the person has satisfied a condition of release in respect of which there is a cashing restriction that precludes the transfer of that benefit to the Fund.

    [Regulation 3 amended in Gazette 29 Jun 2001 p. 3079-80; 28 Jun 2002 p. 3011-12, 3021 and 3031; 19 Mar 2003 p. 816 and 836; 13 Jun 2003 p. 2105; 25 Jun 2004 p. 2228; 1 Dec 2004 p. 5705-6; 10 Dec 2004 p. 5894-5.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.