Part 1Gold State Super Members who transferred from the Pension Scheme or Provident Scheme

Part 1 — Gold State Super Members who transferred from the Pension Scheme or Provident Scheme 1. Terms used 1987 part-time transferee means a person who became a member of the 1987 scheme under the GES Act under clause 14 of Schedule 4 to that Act; adjusted final remuneration means a Part 1 Member’s final remuneration calculated as if the Member’s contributory membership period included the Member’s transferred service; compulsory transferee means a person who became a member of the 1987 scheme under the GES Act under clause 6 of Schedule 4 to that Act; Part 1 Member means — (a) a voluntary transferee; or (b) a compulsory transferee; or (c) a 1987 part-time transferee; or (d) a post‑1987 part-time transferee; or (e) a retrenched transferee; post-1987 part-time transferee means a person who — (a) became a member of the 1987 scheme under the GES Act under clause 14A of Schedule 4 to that Act; or (b) becomes a Gold State Super Member under regulation 19(1)(b); retrenched transferee means a person who — (a) became a member of the 1987 scheme under the GES Act by making an election under clause 7B of Schedule 4 to that Act; or (b) becomes a Gold State Super Member under regulation 19(1)(c); transfer day means — (a) for a voluntary transferee, the day on which the Member’s election to transfer under Schedule 4 to the GES Act was lodged with the Board; and (b) for a compulsory transferee, 1 July 1987; and (c) for a 1987 part-time transferee, the day on which the Member elected to become a member of the 1987 scheme under the GES Act; and (d) for a post‑1987 part-time transferee, the day on which the Member ceased to be a contributor under the S&FB Act because he or she was no longer required to give his or her whole time to the duties of his or her employment; and (e) for a retrenched transferee, the day on which the Member is or was retrenched; transferred contributions means, subject to subclause (2) — (a) for a Part 1 Member who was, immediately before the Member’s transfer day, a subscriber or contributor to the Provident Account (within the meaning of the S&FB Act) — the amount, including interest, that was standing to the credit of the Member in the Provident Account on that day; or (b) for a Part 1 Member who was, immediately before the Member’s transfer day, contributing for units of pension under the S&FB Act — (i) the amount of the contributions made by the Member under the S&FB Act excluding moneys held to the credit of the Member under section 38(2) or 41(3a) of the S&FB Act; plus (ii) compound interest calculated at the rate of 10% from the time the contributions were made up to and including the Member’s transfer day; transferred service means — (a) the period of service or employment of a Part 1 Member that constituted service for the purposes of the S&FB Act before the Member’s transfer day; plus (b) for a 1987 part-time transferee — the number of complete months of full‑time service that the Board considers equivalent to the number of days of part‑time service actually completed by the Member before 1 July 1987; voluntary transferee means a person who became a member of the 1987 scheme under the GES Act by making an election under clause 4, 5, 7 or 7A of Schedule 4 to that Act. (2) The transferred contributions for a 1987 part-time transferee are nil. 2. Contributions by Crown under r. 31 for Part 1 Members The Crown is to contribute to the Fund under regulation 31 for a Part 1 Member even if he or she is not a Member of the kind described in regulation 31(1)(a) or (b). 3. Retirement, death or disablement of Part 1 Member, benefit on (1) If a benefit becomes payable to or in respect of a Part 1 Member under regulations 38 to 43 the benefit is increased by adding an amount calculated in accordance with subclause (2). (2) The amount calculated under this subclause is ***B*** in the formula — ***FR*** is the Member’s adjusted final remuneration; ***TS*** is the number of complete months of the Member’s transferred service; ***C*** is — (i) for a retrenched transferee, 5%; or (ii) otherwise, the Member’s average contribution rate; ***A*** is the Member’s transferred contributions plus compound interest calculated — (i) at the rate of the CPI rate plus 2%; (ii) from the Member’s transfer day up to, but not including, the day on which the benefit becomes payable. 4. Other termination of work by Part 1 Member, benefit on (1) If a Part 1 Member becomes entitled to a benefit under regulation 44 because the Member withdraws from the Gold State Super Scheme under regulation 24, the Member is also entitled to either — (a) both — (i) a preserved benefit under subclause (3); and (ii) a preserved benefit under subclause (4); or (b) a benefit under subclause (4) that is not preserved. (2) If a Part 1 Member becomes entitled to a benefit under regulation 44 for any other reason the Member is also entitled to — (a) a preserved benefit under subclause (3); and (b) either — (i) a preserved benefit under subclause (4); or (ii) a benefit under subclause (4) that is not preserved. (3) The benefit under this subclause is an amount equal to ***B*** in the formula — ***FR*** is the Member’s adjusted final remuneration; ***TS*** is the number of complete months of the Member’s transferred service; ***C*** is — (i) for a retrenched transferee 5%; or (ii) for a Part 1 Member who withdrew from the Gold State Super Scheme under regulation 24 and elected in the Member’s application under that regulation to take the Member’s transferred contributions immediately — zero; or (iii) otherwise, the Member’s average contribution rate. (4) The benefit under this subclause is an amount equal to the Member’s transferred contributions plus compound interest calculated — (a) at the rate of the CPI rate plus 2%; (b) from the Member’s transfer day up to, but not including, the day on which the member becomes entitled to it. (5) Despite the definition of ***GSS withdrawal benefit*** in regulation 12, a benefit described in subclause (1) or (2) as a preserved benefit is a GSS withdrawal benefit for the purposes of Part 2 of the regulations. (6) Despite regulation 46(1)(a), the interest rate to be applied under regulation 46(1) to a benefit under subclause (4) is a rate equal to the CPI rate plus 2%. [Clause 4 amended: Gazette 13 Jun 2003 p. 2114; 13 Apr 2007 p. 1602; SL 2025/131 r. 11.] 5. Benefit under r. 43, calculation of for certain Part 1 Members (1) In this clause — transferred contributor for limited benefits means a Part 1 Member who was, immediately before the Member’s transfer day, a contributor for limited benefits for the purposes of section 61 of the S&FB Act. (2) If a benefit becomes payable under regulation 43 to or in respect of a transferred contributor for limited benefits, the amount of the benefit is to be calculated as if G in the formula in that regulation was an amount equal to 4 times the Member’s average contribution rate. 6. Curtin and Edith Cowan Universities deemed to be Employers for Part 1 Members (1) If a Part 1 Member was, immediately before the Member’s transfer day, an employee of a University, then while the person remains a Gold State Super Member the University for which that Member works is deemed to be a Division 2 Employer with respect to that Member. (2) In this clause — University means the Curtin University of Technology established under the *Curtin University of Technology Act 1966* or the Edith Cowan University established under the *Edith Cowan University Act 1984*. Part 2 — Gold State Super Members who were formerly non‑contributory members 7. Terms used non‑contributory period means the period during which a Part 2 Member was a non‑contributory member under the previous law; Part 2 Member means a Gold State Super Member who, under the previous law, was a non‑contributory member before becoming a contributory member; previous law means the GES Act as in force before the commencement of Part 2 of the *Superannuation Legislation Amendment Act 1993*. 8. Contributions by Crown under r. 31 for certain Part 2 Members The Crown is to contribute to the Fund under regulation 31 for a Part 2 Member who, at any time during the Member’s non‑contributory period was employed by an employer who was, at that time listed, or deemed by or under that Act to be listed, in Part A of Schedule 1 to the GES Act, even if he or she is not a Member of the kind described in regulation 31(1)(a) or (b). 9. Benefit for Part 2 Member, effect of non-contributory period on calculation of When calculating the benefit payable to or in respect of a Part 2 Member — (a) the Member’s contributory membership period is to be taken to include the Member’s non‑contributory period; and (b) the Member’s average contribution rate for the Member’s non‑contributory period is to be taken to be — (i) for the part of the non‑contributory period that was before 1 July 1992 — 0.825; and (ii) for the part of the non‑contributory period that was on or after 1 July 1992 — one quarter of the charge percentage for the quarter during which the Member elected to become a contributory member. Part 3 — Director of Public Prosecutions 10. Term used: DPP DPP means the Director of Public Prosecutions under the *Director of Public Prosecutions Act 1991*. 11. Employer (1) If an order is in force under regulation 9(1)(b) in relation to the DPP, then in relation to the DPP, the Government of Western Australia is a Division 1 Employer. (2) If, on the commencement day, an instrument is in force under clause 3(2) of Schedule 1 to the *Director of Public Prosecutions Act 1991* specifying a person or department that is to be treated as the employer of the DPP, that instrument continues in force on and from that day as if it were an order made under regulation 9(1)(b) specifying that person or department. 12. Member contributions If the DPP is a Gold State Super Member — (a) the DPP is taken to have selected under regulation 33 the highest possible member contribution rate; and (b) the DPP is not required to pay member contributions; and (c) the Employer is to pay the contributions that would, but for paragraph (b), be payable by the DPP; and (d) those contributions are to be taken to have been made by the DPP. Part 4 — Members who became ASIC staff [Heading amended: Gazette 28 Sep 2001 p. 5356.] 13. Terms used ASIC means — (a) the Australian Securities Commission established by the *Australian Securities and Investments Commission Act 1989* of the Commonwealth; and (b) the Australian Securities and Investments Commission as the Australian Securities Commission became known under that Act; and (c) the Australian Securities and Investments Commission as continued in existence by section 261 of the *Australian Securities and Investments Commission Act 2001* of the Commonwealth; ASIC worker means a person who is a member of the staff of ASIC; relevant regulations means in relation to a person who, immediately before becoming an ASIC worker, was — (a) a contributory member under the GES Act — so much of these regulations as relate to the Gold State Super Scheme; or (b) a non-contributory member under the GES Act — so much of these regulations as relate to the West State Super Scheme. [Clause 13 amended: Gazette 28 Sep 2001 p. 5356.] 14. ASIC worker, consequences of becoming (1) If an ASIC worker — (a) was, immediately before becoming an ASIC worker, a member under the *Government Employees Superannuation Act 1987* 3 as then in force (old law); and (b) elected under section 83 of the *Corporations (Western Australia) Act 1990* as in force before the commencement day, to continue to be such a member; and (c) was still such a member immediately before the commencement day, then while he or she remains an ASIC worker the relevant regulations apply to and in relation to the person as if ASIC were an Employer. (2) While a person continues to be a Member after becoming an ASIC worker, ASIC is deemed to be a Division 2 Employer, but only in respect of that Member. [Clause 14 amended: Gazette 28 Sep 2001 p. 5356.] Part 5 — Curtin and Edith Cowan University Staff 15. Terms used relevant regulations means so much of these regulations as relate to the Gold State Super Scheme; University means the Curtin University of Technology established under the *Curtin University of Technology Act 1966* or the Edith Cowan University established under the *Edith Cowan University Act 1984*; University staff member means a person who works for a University. 16. University staff member, consequences of becoming (1) If a Gold State Super Member becomes a University staff member and elects to continue to be a Member then while he or she remains a University staff member the relevant regulations apply to and in relation to the person as if the University for which the person works were an Employer. (2) If a University staff member — (a) was, before becoming a University staff member, a member of the 1987 scheme under the GES Act; and (b) under clause 16 of Schedule 4 to the GES Act continued to be such a member after becoming a University staff member, and (c) was still such a member immediately before the commencement day, then while he or she remains a University staff member the relevant regulations apply to and in relation to the person as if the University for which the person works were an Employer. (3) While a person continues to be a Member after becoming a University staff member, the University for which that Member works is deemed to be a Division 2 Employer, but only in respect of that Member. Part 6 — Police officers, magistrates and industrial commissioners 17. Terms used average Part 6 contribution rate means the sum of the contribution rates selected by a Part 6 Member under clause 20 applying for each day on which the person was a Part 6 Member divided by the number of days on which the person was a Part 6 Member; end date means the date determined under clause 18; industrial commissioner means a commissioner under the *Industrial Relations Act 1979*; magistrate means a magistrate of the Magistrates Court or, in respect of a day before 1 May 2005, a stipendiary magistrate under the *Stipendiary Magistrates Act 1957* 4; over 50 transferee police officer means a police officer who — (a) became a Gold State Super Member by transferring from the Pension Scheme; and (b) was over 50 when he or she became a Gold State Super Member; and (c) was a Part 6 Member for the whole of the time from when he or she became a Gold State Super Member until he or she turned 60 or ceased to be an eligible Gold State worker (whichever occurred first); Part 6 Member means a police officer, magistrate or industrial commissioner who has elected to be a Part 6 Member under clause 19 and who has not ceased to be a Part 6 Member; police officer means a person appointed under Part I of the *Police Act 1892* other than the Commissioner of Police. [Clause 17 amended: Gazette 18 Jan 2008 p. 150.] 18. End date, meaning of (1) For the purposes of this Part the end date for a police officer is — (a) if the person was, on his or her 45th birthday, both a Gold State Super Member and a police officer — the person’s 55th birthday; or (b) otherwise — (i) if he or she transferred to the Gold State Super Scheme under Schedule 4 to the GES Act and was a police officer at the time of the transfer — the earlier of — (I) the day 10 years after the day on which the person became both a Gold State Super Member and a police officer; and (II) the Member’s 60th birthday; or (ii) otherwise — the person’s 55th birthday. (2) For the purposes of this Part the end date for a magistrate or an industrial commissioner is — (a) if the person was, on his or her 45th birthday, both a Gold State Super Member and a magistrate or industrial commissioner — the person’s 55th birthday; or (b) otherwise — the day 10 years after the day on which the person became both a Gold State Super Member and a magistrate or industrial commissioner. 19. Part 6 Member, electing to become etc. (1) A Gold State Super Member who — (a) is a police officer, magistrate or industrial commissioner; and (b) whose — (i) average contribution rate is 5%; or (ii) current member contribution rate is 7%, may, at any time before the end day, elect to become a Part 6 Member by giving notice to the Board. (2) An election under subclause (1) takes effect on the later of — (a) the Member’s 45th birthday; and (b) the day on which it is made. (3) A Part 6 Member may withdraw from Part 6 at any time by giving notice to the Board. (4) A person ceases to be a Part 6 Member — (a) if, before the end day, the person — (i) ceases to be an eligible Gold State worker; or (ii) withdraws from Part 6 under subclause (3); or (iii) ceases to be a police officer, magistrate or industrial commissioner, on the day on which the person so ceases or withdraws; or (b) otherwise, on the end day. 20. Contribution rate for Part 6 Members, selecting etc. (1) A Part 6 Member is to select a contribution rate of — (a) in the case of a police officer, 1%, 2% or 2.5%; or (b) in the case of a magistrate or industrial commissioner, 1%, 2%, 3%, 4% or 5%, and give notice of that selection to the Board. (2) Regulation 33(3), (4) and (8) apply to a selection under subclause (1) as if it were a selection under regulation 33(1). (3) Subject to regulations 35 and 36 a Part 6 Member is to contribute to the Fund for each complete contribution period during which the person is a Part 6 Member an amount equal to — (a) the rate selected by a Part 6 Member under subclause (1); multiplied by (b) the Member’s superannuation salary in respect of the contribution period, rounded up or down to the nearest whole dollar. (4) For the purposes of regulations 34 and 35 contributions under subclause (3) are taken to be member contributions. 21. Employer contributions under r. 29, calculation of; contributions by Crown under r. 31 (1) While a person is a Part 6 Member the amount of the contributions payable under regulation 29 by the person’s Employer is to be calculated as if M in the formula in regulation 29(3) was the Member’s member contribution rate plus the rate selected by the Member under clause 20. (2) The Crown is to contribute to the Fund under regulation 31 for a person whose benefit is increased under this Part even if he or she is not a Member of the kind described in regulation 31(1)(a) or (b). 22. Retirement benefit under r. 38, increase of If a person who is, or was at any time, a Part 6 Member becomes entitled to a benefit under regulation 38 the benefit is to be increased by adding to it an amount equal to ***B*** in the formula — (i) in the case of an over 50 transferee police officer, the number of complete months from the person’s 50th birthday to the day on which he or she became a Part 6 Member; or 23. Death benefit under r. 39, increase of (1) If a benefit becomes payable under regulation 39 in respect of a police officer, magistrate or industrial commissioner who was under 45 when he or she died the benefit is to be increased by adding to it an amount equal to ***B*** in the formula — (2) If a benefit becomes payable under regulation 39 in respect of a Gold State Super Member who was at any time a Part 6 Member the benefit is to be increased by adding to it an amount equal to ***B*** in the formula — (i) if the Member — (I) was a Part 6 Member when he or she died; and (II) died before the end day, the number of complete months from the day on which the Member died to the end day; or and ***P*** is — (i) if the Member was working on a part‑time basis at the time the Member died, the number of hours customarily worked in a week by the Member divided by the number of hours customarily worked in a week by a comparable full‑time employee (excluding overtime); or (ii) otherwise, one; and (i) in the case of an over 50 transferee police officer, the number of complete months from the person’s 50th birthday to the day on which he or she became a Part 6 Member; or 24. Total and permanent disablement benefit under r. 40, amount of If a police officer, magistrate or industrial commissioner — (a) who is under 45; or (b) who is or was at any time a Part 6 Member, becomes entitled to a benefit under regulation 40, the benefit that is to be paid is a benefit equal to the benefit that would have been payable under regulation 39 if the Member had died on the day the Member ceased to be an eligible Gold State worker, as increased in accordance with clause 23. 25. Partial and permanent disablement under r. 41, increase of (1) If a police officer, magistrate or industrial commissioner who is under 45 becomes entitled to a benefit under regulation 41 the benefit is to be increased by adding to it an amount equal to ***B*** in the formula — (2) If a person who is or was at any time a Part 6 Member becomes entitled to a benefit under regulation 41 the benefit is to be increased by adding to it an amount equal to ***B*** in the formula — ***E*** is the annual amount of the remuneration that the Board considers the Member has the capacity to earn after becoming disabled; and (i) if the Member — (I) was a Part 6 Member when he or she ceased to be an eligible Gold State worker; and (II) ceased to be an eligible Gold State worker before the end day, the number of complete months from the day on which the Member ceased to be an eligible Gold State worker to the end day; or and (i) in the case of an over 50 transferee police officer, the number of complete months from the person’s 50th birthday to the day on which he or she became a Part 6 Member; or (3) Subregulation 41(2) applies in respect of the determination of the value of E in the formula in subclause (2). [Clause 25 amended: SL 2023/205 r. 26.] 26. Benefit under r. 43 or 44, increase of If a person who is or was at any time a Part 6 Member becomes entitled to a benefit under regulation 43 or 44 the benefit is to be increased by adding to it an amount equal to ***B*** in the formula — (i) in the case of an over 50 transferee police officer, the number of complete months from the person’s 50th birthday to the day on which he or she became a Part 6 Member; or 27. Transitional provisions (1) If a person was, immediately before the commencement day, making higher contributions to the 1987 scheme under the GES Act in accordance with a discretion notice, then on and from that day, the person continues as a Part 6 Member subject to this Part. (2) If, at any time before the commencement day, a person made higher contributions to the 1987 scheme under the GES Act in accordance with a discretion notice, then on and from that day this Part applies to and in relation to the person as if — (a) at all times while the person had been so contributing — (i) this Part had been in operation; and (ii) the person had been a Part 6 Member; and (b) the contribution rates elected by the person, and the contributions paid by and in respect of, the person in accordance with the discretion notice, had been selected and paid under this Part. (3) In relation to a person who at any time before the commencement day, made higher contributions to the 1987 scheme under the GES Act in accordance with a discretion notice, a reference in this Part to the person being a Gold State Super Member includes a reference to the person being a member of the 1987 scheme under the GES Act. (4) In this clause — discretion notice means — (a) the notice purportedly given to the Board by the Treasurer under section 49 of the GES Act on 28 December 1987 relating to contributions and benefits for certain police officers, magistrates and industrial commissioners; or (b) the notice purportedly given to the Board by the Treasurer under section 49 of the GES Act on 15 September 1988 relating to contributions and benefits for certain police officers, in each case, as validated by section 58 of the *Government Employees Superannuation Amendment Act (No. 2) 1995*. Schedule 3 — Transitional provisions [r. 254] 1. Terms used (1) In this Schedule — 1987 scheme means the superannuation scheme continued by section 29(1)(b) of the Act as it was immediately before the commencement day; 1993 scheme means the superannuation scheme continued by section 29(1)(a) of the Act as it was immediately before the commencement day; continues means continues on and after the commencement day; continuing Gold State Super Member means a Gold State Super Member who was a member of the 1987 scheme immediately before the commencement day; continuing Member means a continuing West State Super Member or a continuing Gold State Super Member; continuing West State Super Member means a West State Super Member who was a member of the 1993 scheme immediately before the commencement day; current means in force immediately before the commencement day. (2) Words and phrases defined in Part 2, 3 or 7 of these regulations have the same meanings when used in Part 2, 3 or 5 (respectively) of this Schedule as they have in that Part of the regulations. 2. Terms used: GSS withdrawal benefit and WSS withdrawal benefit In the regulations, in relation to a continuing Member — GSS withdrawal benefit includes a benefit to which the Member became entitled under the GES Act before the commencement day but which, as at that day, had not been paid by reason of the operation of section 38 of the GES Act; WSS withdrawal benefit includes a benefit to which the Member became entitled under the GES Act before the commencement day but which, as at that day, had not been paid by reason of the operation of section 38K of the GES Act. [Clause 2 amended: Gazette 13 Apr 2007 p. 1602.] 3. Current determinations etc. under GES Act, effect of for r. 5 (*remuneration*) (1) A current determination made by an Employer for the purposes of section 4(5) of the GES Act as to the value of any non‑monetary remuneration or benefit continues as a determination for the purposes of the definition of ***remuneration*** in regulation 5(1). (2) A current certification given by an Employer or an authorised person for the purposes of section 4(1) or 4AA(1)(b) of the GES Act that a person is entitled to remuneration or a benefit on a continuing basis continues as a certification for the purposes of the definition of ***remuneration*** in regulation 5(1). (3) A current authorisation given by an Employer for the purposes of section 4(1) or 4AA(1)(b) of the GES Act authorising a person to certify matters under that section on behalf of the Employer continues as an authorisation for the purposes of the definition of ***remuneration*** in regulation 5(1). (4) A current determination made by the Board under section 4(4)(b)(vii) or 4AA(4)(f) of the GES Act that an allowance is to be excluded from a member’s remuneration continues as a determination under regulation 5(2)(h). (5) A current determination made by the Treasurer under section 4(4)(c) of the GES Act that a class of remuneration or benefit is to be excluded from a member’s remuneration continues as a determination under regulation 5(3)(f). (6) A current notice given by a continuing Gold State Super Member for the purposes of section 4(6) of the GES Act consenting to the application of a determination, continues as a notice for the purposes of regulation 5(5). (7) A current permission granted by the Board under section 26(2) of the GES Act allowing a continuing Gold State Super Member to contribute at his or her elected rate applied to the amount of a former or notional relevant remuneration continues as a determination under regulation 5(6) that the Member’s remuneration is the amount of that former or notional relevant remuneration. (8) A current determination by the Board under section 39A(1) of the GES Act that a continuing West State Super Member’s benefit is to be assessed as if the Member’s relevant remuneration were the amount of a former or notional relevant remuneration continues as a determination under regulation 5(6) that the Member’s remuneration is the amount of that former or notional relevant remuneration. 4. Current orders under GES Act s. 3(6) as to employers, effect of for r. 9(1)(b) (1) A current order made by the Treasurer under section 3(6) of the GES Act specifying that a person, department or authority is to be treated as the employer of an office holder continues as an order under regulation 9(1)(b) specifying that person, department or authority. (2) If an order continued by subclause (1) specifies that the person, department or authority is to be deemed to be listed in Part A of Schedule 1 to the GES Act, the order as so continued is taken to specify that in relation to the office holder to whom the order relates the Government of Western Australia is a Division 1 Employer. 5. Terms used In these regulations, in relation to a continuing Gold State Super Member — adjustment day means, in relation to a period before the commencement day, the Member’s birthday; contributory membership period includes the Member’s contributory period under the GES Act; member contribution rate means, in relation to time before the commencement day, the rate elected by the Member under section 22 of the GES Act that applied at that time. 6. Current act under GES Act s. 49(1)(a) as to contributory period, effect of for r. 14(3) A current exercise of discretion by the Treasurer under section 49(1)(a) of the GES Act deeming a continuing Gold State Super Member to have a greater contributory period than he or she would otherwise have had, continues as a direction under regulation 14(3) that the Member is to be treated as having a longer contributory membership period than he or she would otherwise have. 7. Current decision under GES Act as to application of s. 17B(2)(i), effect of for r. 15(3) A current decision by the Board under section 17B(2)(i) of the GES Act that that paragraph does not apply to a particular person continues as a decision under regulation 15(3) that regulation 15(2)(j) does not apply to that person. 8. Final remuneration for continuing Gold State Super Member, calculation of For the purpose of determining the value of D in the formula in the definition of ***final remuneration*** in regulation 16(1), a continuing Gold State Super Member is taken to have been a Gold State Super Member on each day on which he or she was a member of the 1987 scheme. 9. Health conditions taken to have been imposed in some cases etc. (1) The Board is taken to have imposed a health condition of the kind referred to in paragraph (a) of the definition of ***health condition*** in regulation 12 on a continuing Gold State Super Member if — (a) the Board accepted the Member’s election to become a member of the 1987 scheme subject to a condition of the kind referred to in section 18(5)(a) of the GES Act; or (b) the Board made a determination under section 24(3) of the GES Act to vary the Member’s contributions subject to a condition of the kind referred to in section 18(5)(a) of the GES Act; or (c) the Member transferred to the 1987 scheme under Schedule 4 to the GES Act and was a transferred contributor for limited benefits within the meaning of that Schedule; or (d) the Member was a subscriber to the Provident Account under the S&FB Act whose election to transfer to the 1987 scheme under Schedule 4 to the GES Act was accepted subject to a condition of the kind referred to in clause 10(4)(a) in Schedule 4 to the GES Act. (2) The Board is taken to have imposed a health condition of the kind referred to in paragraph (b) of the definition of ***health condition*** in regulation 12 on a continuing Gold State Super Member if — (a) the Board accepted the Member’s election to become a member of the 1987 scheme subject to a condition of the kind referred to in section 18(5)(b) of the GES Act; or (b) the Board made a determination under section 24(3) of the GES Act to vary the Member’s contributions subject to a condition of the kind referred to in section 18(5)(b) of the GES Act; or (c) the Member was a contributor to the Provident Account under the S&FB Act who transferred to the 1987 scheme under Schedule 4 to the GES Act; or (d) the Member was a subscriber to the Provident Account under the S&FB Act whose election to transfer to the 1987 scheme under Schedule 4 to the GES Act was accepted subject to a condition of the kind referred to in clause 10(4)(b) in Schedule 4 to the GES Act. (3) A condition taken to have been imposed under subclause (1)(b) or (2)(b) applies only in respect of the Member’s membership relating to the increased working hours. (4) If, before the commencement day, a continuing Gold State Super Member was — (a) required by the Board to provide information under section 18(3) or 24(3a) of, or clause 10(3) of Schedule 4 to, the GES Act; or (b) required under section 20(2)(e) of the GES Act to provide a declaration as to his or her continuing good health, but as at that day the Member had not provided the information or declaration, the requirement continues as a request under regulation 18(1) to provide medical information. (5) If, before the commencement day and in reliance on a statement contained in medical information provided by a continuing Gold State Super Member, the Board did not impose a condition of the kind referred to in section 18(5) of the GES Act when it might have done so and the Board subsequently becomes aware that — the Board may impose a health condition on the Member. 10. Members of 1987 scheme, who are at 17 Feb 2001 and who become Gold State Super Members etc. (1) Every person who was a member of the 1987 scheme immediately before the commencement day continues as a Gold State Super Member subject to these regulations. (2) If a person was, immediately before the commencement day, entitled to a benefit from the 1987 scheme but as at that day the benefit had not been paid (whether as a result of the operation of section 38 of the GES Act or otherwise), the person is taken to have been a member of the 1987 scheme immediately before the commencement day. (3) If a member of the 1987 scheme was retired on the grounds of physical or mental incapacity to perform his or her duties not more than 12 months before the commencement day but as at that day had not applied for a benefit under section 32, 33 or 34 of the GES Act, the person is taken to have been a member of the 1987 scheme immediately before the commencement day. (4) If, before the commencement day, a person lodged — (a) an election under section 18(1) of the GES Act to become a member of the 1987 scheme; or (b) an election under Schedule 4 to the GES Act to transfer to the 1987 scheme, but as at that day the Board had not dealt with it, the election continues as an application under regulation 19(1) to become a Gold State Super Member. (5) A current approval granted by the Treasurer under clause 7B(2)(c) of Schedule 4 to the GES Act of other circumstances that constitute retrenchment continues as an approval for the purposes of regulation 19(2)(c). 11. Certain applications under r. 19(1)(c), application of these regulations to If an application under regulation 19(1)(c) is deemed by regulation 20(3) to have been lodged at a time before the commencement day, these regulations apply to and in relation to the application as if they had been in force at that time. 12. Treasurer’s directions under GES Act s. 49(1)(b) as to ineligible workers, effect of (1) If, before the commencement day, the Treasurer gave notice to the Board that the Treasurer had, under section 49(1)(b) of the GES Act, deemed a person to be eligible to be a member of the 1987 scheme but as at that day the Board had not dealt with it, the notice continues as a direction under regulation 21(1) to accept the person as a Gold State Super Member. (2) If a continuing Gold State Super Member was accepted as a member of the 1987 scheme as a result of having been deemed by the Treasurer under section 49(1)(b) of the GES Act to be eligible to be such a member, regulation 21(2) applies to and in relation to the person as if he or she had been accepted as a Gold State Super Member under regulation 21(1). 13. Application of r. 22 to certain people changing jobs (1) If — (a) within 3 months before the commencement day, a member of the 1987 scheme ceased to be an employee for the purposes of that Act; and (b) within 12 months of so ceasing becomes a worker who is not excluded by regulation 15(2) from being an eligible Gold State worker, regulation 22(2) to (4) apply to and in relation to the person as if he or she had been a Gold State Super Member who ceased to be a worker on the day he or she ceased to be an employee. (2) If, before the commencement day, a person elected under section 20(2) of the GES Act to continue as a member of the 1987 scheme but as at that day the Board had not dealt with it, the election continues as an application under regulation 22(2) or 23(1) (as the case requires) to continue as a Gold State Super Member. (3) A current determination by the Board under section 20(2)(a) of the GES Act as to the rate of interest to apply to a refund of contributions under that paragraph continues as a determination under regulation 22(3)(b). 14. Application of r. 23 to certain 1987 scheme members who became ineligible due to reduced working hours If — (a) within 12 months before the commencement day, a member of the 1987 scheme became excluded under section 17C(1) of the GES Act because his or her working hours were reduced to less than one hour a week; and (b) within 12 months of becoming so excluded becomes a worker who is not excluded by regulation 15(2) from being an eligible Gold State worker, regulation 23 applies to and in relation to the person as if he or she had been a Gold State Super Member who ceased to be an eligible Gold State worker on the day he or she became so excluded. 15. Notice under GES Act s. 19A(1) terminating membership, effect of under r. 24(1) If, before the commencement day, a continuing Gold State Super Member lodged a notice with the Board under section 19A(1) of the GES Act terminating his or her membership of the 1987 scheme but as at that day the Board had not dealt with it, the notice continues as an application under regulation 24(1) to withdraw from the Gold State Super Scheme. 16. Contributions for period before 17 Feb 2001, when payable etc. Any contribution in respect of a period before the commencement day that would have become payable under Part V or VI of the GES Act if that Act had not been repealed, becomes payable and is to be paid in accordance with that Act as if it had not been repealed. 17. Current declaration under GES Act s. 27(3) for employer contributions, effect of for r. 29(3) A current declaration made by the Treasurer under section 27(3) of the GES Act of a percentage to be used in determining employer contributions continues as a determination for the purposes of the description of T in regulation 29(3). 18. Current instrument under GES Act s. 27(7) for deferment of Employer contributions, effect of for r. 30(3) A current instrument given by the Treasurer under section 27(7) of the GES Act allowing an Employer to defer payment of contributions continues as a notice under regulation 30(3). 19. Current election under GES Act s. 22 for contribution rate, effect of for r. 33(1) (1) A current election made by a continuing Gold State Super Member under section 22 of the GES Act of a contribution rate continues as a selection under regulation 33(1). (2) If, before the commencement day, a continuing Gold State Super Member made an election under section 22 of the GES Act but as at that day the election had not taken effect, the election continues as a selection under regulation 33(1). 20. Election under GES Act s. 23 for recognised unpaid leave, effect of for r. 35 (1) If a continuing Gold State Super Member who is on recognised unpaid leave as at the commencement day elected under section 23(2) of the GES Act to suspend elective contributions, the election continues as a notice under regulation 35(3) to the effect that the Member has chosen the reduced benefits option under regulation 35(2)(c). (2) If a continuing Gold State Super Member who is on recognised unpaid leave as at the commencement day elected under section 23(4) of the GES Act to defer payment of elective contributions, the election continues as a notice under regulation 35(3) to the effect that the Member has chosen the deferred contributions option under regulation 35(2)(b). (3) A current determination by the Board under section 23(4) of the GES Act as to the rate of interest to apply to deferred elective contributions, continues as a determination under regulation 35(6)(b). 21. Exemption under GES Act s. 23A as to unrecognised unpaid leave, effect of for r. 36(2) If, before the commencement day, the Board granted an exemption under section 23A of the GES Act allowing a continuing Gold State Super Member to continue his or her entitlement to death and disability benefits, the determination by the Board as to the amount to be paid by the Member in lieu of contributions continues as a determination under regulation 36(2) as to the cost of continuing the Member’s entitlement. 22. Benefit unpaid at 17 Feb 2001, entitlement to If a continuing Gold State Super Member was, immediately before the commencement day, entitled to a benefit from the 1987 scheme but as at that day the benefit had not been paid (whether as a result of the operation of section 38 of the GES Act or otherwise), the entitlement continues as an entitlement to a benefit from the Gold State Super Scheme. 23. Certain people eligible for benefit under GES Act s. 32, 33 or 34, application of these regulations to (1) If a continuing Gold State Super Member was retired on the grounds of physical or mental incapacity to perform his or her duties not more than 12 months before the commencement day but as at that day had not applied for a benefit under section 32, 33 or 34 of the GES Act, these regulations apply to and in relation to the person as if he or she ceased to be an eligible Gold State worker on the day, and for the reasons, that he or she was retired. (2) If, before the commencement day, a continuing Gold State Super Member applied for a benefit under section 32, 33 or 34 of the GES Act but as at that day the Board had not dealt with it, the application continues as an application for a benefit under regulation 40, 41 or 43 (as the case requires) as if the Member had ceased to be an eligible Gold State worker on the day, and for the reasons, that he or she was retired. 24. Withdrawal benefit, r. 45(1) disapplied in some cases (1) Despite regulation 45(1) the Board is to pay a continuing Gold State Super Member’s GSS withdrawal benefit if — (a) the Member became entitled to the benefit before the commencement day; and (b) the Board is satisfied that the Member has permanently departed from Australia, or will do so within 3 months after the commencement day; and (c) the Member — (i) applied, before the commencement day, for payment of the benefit under section 38(1)(d) of the GES Act, but as at that day the Board had not dealt with the application; or (ii) applies for payment of the benefit within 3 months after the commencement day. (2) Despite regulation 45(1) the Board is to pay a continuing Gold State Super Member’s GSS withdrawal benefit if — (a) the benefit is $500 or less; and (b) the Member became entitled to the benefit before the commencement day; and (c) the Member applies to the Board for payment of the benefit before, or within 3 months after, the commencement day. [Clause 24 amended: Gazette 13 Apr 2007 p. 1602.] 25. Effect of current determination under GES Act s. 40(3) as to interest on deferred benefit for r. 46(1)(c) A current determination by the Board under section 40(3) of the GES Act as to the manner in which interest is to be calculated in relation to benefits the payment of which is deferred under section 38 of the GES Act continues as a determination under regulation 46(1)(c). [Clause 25 amended: SL 2025/131 r. 12.] 26. Request for or approval of, before 17 Feb 2001, transfer to other fund, effect of for r. 47 (1) If, before the commencement day, a continuing Gold State Super Member made a request under section 13B(6) or 13C(1) of the GES Act to transfer an amount to another superannuation fund but as at that day the Board had not dealt with it, the request continues as a request under regulation 47(1). (2) A current approval given by the Treasurer for the purposes of section 13C(3)(a) of the GES Act approving the transfer of benefits to other superannuation funds, continues as an approval for the purposes of regulation 47(3). 27. Death benefit unpaid at 17 Feb 2001, application of r. 48 to If, before the commencement day, a benefit became payable under the GES Act as a result of the death of a member of the 1987 scheme but as at that day the benefit had not been paid, regulation 48 applies to and in relation to the benefit as if it were a death benefit as defined in that regulation. 28. Current authorisation for GES Act s. 53(3)(b) as to medical information, effect of for r. 49(3)(c) A current authorisation given by a continuing Gold State Super Member for the purposes of section 53(3)(b) of the GES Act allowing the Board to obtain medical and other information and evidence continues as an authorisation for the purposes of regulation 49(3)(c). 29. Certain Members who transferred to 1987 scheme and left within 2 years entitled to further benefit (1) On the commencement day a relevant Member becomes entitled to a benefit of an amount equal to — (a) the amount of the benefit the Member would have become entitled to on the resignation day if — (i) clause 13(2) of Schedule 4 to the GES Act had not applied to the Member; and (ii) clause 13(4) of that Schedule had applied to the Member notwithstanding that his or her membership period under the GES Act was less than 24 months; less (b) the amount of the benefit the Member received under clause 13(2) of that Schedule. (2) To the extent that a benefit referred to in subclause (1)(a)(ii) would have been a deferred benefit if the relevant Member had become entitled to it on the resignation day, the benefit is preserved and taken to be a GSS withdrawal benefit. (3) In this clause — relevant Member means continuing Gold State Super Member who transferred to the 1987 scheme under Schedule 4 to the GES Act and became entitled to a benefit under clause 13(2) of Schedule 4 to the GES Act on or after 1 July 1992; resignation day means the day on which a relevant Member became entitled to a benefit under clause 13(2) of Schedule 4 to the GES Act. [Clause 29 amended: Gazette 13 Apr 2007 p. 1602-3.] 30. Members of 1993 scheme, who are at 17 Feb 2001 and who become Members of WSS Scheme (1) Every person who was a statutory member or voluntary member of the 1993 scheme immediately before the commencement day continues as a statutory Member or voluntary Member (respectively) of the West State Super Scheme subject to these regulations. (2) If a person was, immediately before the commencement day, entitled to a benefit from the 1993 scheme but as at that day the benefit had not been paid (whether as a result of the operation of section 38K of the GES Act or otherwise), the person is taken to have been a statutory member or voluntary member (as the case requires) of the 1993 scheme immediately before the commencement day. (3) If a statutory member of the 1993 scheme was retired on the grounds of physical or mental incapacity to perform his or her duties not more than 12 months before the commencement day but as at that day had not applied for a benefit under section 38N or 38O of the GES Act, the person is taken to have been a statutory member of the 1993 scheme immediately before the commencement day. 31. Election etc. under GES Act s. 38EA as to voluntary membership of 1993 scheme, effect of for r. 52 (1) If, before the commencement day, a person elected under section 38EA(1) of the GES Act to contribute to the 1993 scheme as a voluntary member but as at that day the Board had not dealt with it, the election continues as an application under regulation 52(1) to become a voluntary Member. (2) A current approval granted by the Treasurer under section 38EA(1)(b) of the GES Act permitting a person to make voluntary employee contributions continues as an approval under regulation 52(4) allowing the person to become a voluntary member. 32. Contributions for period before 17 Feb 2001, when payable etc. Any contribution in respect of a period before the commencement day that would have become payable under Part VIIA of the GES Act if that Act had not been repealed, becomes payable and is to be paid in accordance with that Act as if it had not been repealed. 33. Current notice under GES Act s. 38PA(1) as to Employer contributions, effect of for r. 55(1) A current notice given by the Treasurer under section 38PA(1) of the GES Act increasing the amount an Employer is to contribute continues as a notice under regulation 55(1). 34. Current approval etc. under GES Act s. 38E as to Employer contributions, effect of for r. 57 (1) A current approval given by the Treasurer for the purposes of section 38E of the GES Act permitting an Employer to make voluntary employer contributions continues as an approval under regulation 57(1). (2) A current permission granted by the Board under section 38E of the GES Act allowing an Employer to make voluntary employer contributions and specifying the amount of, and timing and manner of payment of, those contributions continues as an agreement between the Board and the Employer under regulation 57(2). 35. Employer contribution returns (1) As soon as practicable after the commencement day an Employer to whom Part VIIA of the GES Act applied immediately before that day is to give to the Board a contribution return relating to each contribution period in which an employee of the Employer was a statutory member under that Part except a contribution period that has been the subject of a return under section 38F of that Act. (2) Regulation 61 applies to and in relation to — (a) a contribution return made under this clause; or (b) a return made under section 38F of the GES Act but in respect of which a notice has not been given under section 38G(1) of that Act, as if it were a return under regulation 60(1). (3) If, before the commencement day, an Employer made a request under section 38G(2) of the GES Act for the Board to review the basis on which a notice under section 38G(1) of that Act was given but as at that day the Board had not dealt with it, the request continues as a request under regulation 61(2) as if the notice had been given under regulation 61(1). 36. Current direction etc. under GES Act s. 38Q, effect of for r. 62 (1) A current direction given by the Treasurer under section 38Q(3) of the GES Act directing an Employer to pay an additional amount to the Fund continues as a direction under regulation 62(1). (2) A current instrument made by the Treasurer under section 38Q(4) of the GES Act allowing an Employer to defer payment of amounts payable under section 38Q of that Act continues as a notice under regulation 62(4). 37. Member contributing under GES Act s. 38EA, effect on of r. 63 If a West State Super Member was, immediately before the commencement day, contributing to the 1993 scheme under section 38EA of the GES Act, then until they agree otherwise, the Member and the Board are taken to have agreed under regulation 63 that the Member is to contribute under that regulation at the rate, and at the times, that the Member was contributing to the 1993 scheme immediately before the commencement day. 38. Benefit accounts under r. 66(1), status of and credits to (1) The benefit account established under regulation 66(1) for a continuing West State Super Member is a continuation of the account maintained for that Member under Part VIIA of the GES Act. (2) Without limiting regulation 67(1), the Board is to credit to the benefit account of a continuing West State Super Member — (a) any amounts that — (i) became payable to the Fund under the GES Act before the commencement day; and (ii) are received by the Board after that day; and (iii) would have been credited to the Member’s account under Part VIIA of the GES Act had they been received before the commencement day; and (b) any contributions paid by or in respect of the Member under clause 32 of this Schedule. (3) In relation to a continuing West State Super Member, a reference in regulation 68(1) to costs includes a reference to costs incurred before the commencement day. 39. Current determination under GES Act s. 38I(2) as to interest, effect of for r. 69(2) etc. (1) A current determination by the Board under section 38I(2) of the GES Act as to the calculation and crediting of interest to member’s accounts continues as a decision of the Board under regulation 69(2). (2) The time at which the Board first credits interest to the benefit account of a continuing West State Super Member must not be more than 12 months after interest was last credited to the member’s account under section 38I(1) of the GES Act. 40. Benefit unpaid at 17 Feb 2001, entitlement to If a continuing West State Super Member was, immediately before the commencement day, entitled to a benefit from the 1993 scheme but as at that day the benefit had not been paid (whether as a result of the operation of section 38K of the GES Act or otherwise), the entitlement continues as an entitlement to a benefit from the West State Super Scheme. 41. Death and disablement benefits, calculation of for r. 70, 71 and 72 etc. (1) For the purposes of regulations 70, 71 and 72 the period during which a continuing West State Super Member has been a statutory Member includes the period during which he or she was a statutory member of the 1993 scheme. (2) If a continuing West State Super Member was retired on the grounds of physical or mental incapacity to perform his or her duties not more than 12 months before the commencement day but as at that day had not applied for a benefit under section 38N or 38O of the GES Act, these regulations apply to and in relation to the person as if he or she ceased to be a worker on the day, and for the reasons, that he or she was retired. (3) If, before the commencement day, a continuing West State Super Member applied for a benefit under section 38N or 38O of the GES Act but as at that day the Board had not dealt with it, the application continues as an application for a benefit under regulation 71 or 72 (as the case requires) as if the Member had ceased to be a worker on the day, and for the reasons, that he or she was retired. 42. Current notice under GES Act s. 38PB(1) as to increasing benefit, effect of for r. 75(1) A current notice given by the Treasurer under section 38PB(1) of the GES Act increasing the amount of a benefit continues as a notice under regulation 75(1). 43. Withdrawal benefit, r. 76(1) disapplied in some cases (1) Despite regulation 76(1) the Board is to pay a continuing West State Super Member’s WSS withdrawal benefit if — (a) the Member became entitled to the benefit before the commencement day; and (b) the Board is satisfied that the Member has permanently departed from Australia, or will do so within 3 months after the commencement day; and (c) the Member — (i) applied for payment of the benefit under section 38K(1)(e) of the GES Act before the commencement day, but as at that day the Board had not dealt with the application; or (ii) applies for payment of the benefit within 3 months after the commencement day. (2) Despite regulation 76(1) the Board is to pay a continuing West State Super Member’s WSS withdrawal benefit if — (a) the benefit is $500 or less; and (b) the Member became entitled to the benefit before the commencement day; and (c) the Member applies to the Board for payment of the benefit before, or within 3 months after, the commencement day. [Clause 43 amended: Gazette 13 Apr 2007 p. 1603.] 43A. Deferred benefits under GES Act s. 35(1)(b), converting to preserved benefit (1) A continuing West State Super Member who — (a) was formerly a contributory member under the GES Act; and (b) before 28 September 1993, terminated his or her contributory membership under section 19A of that Act; and (c) as a result of that termination became entitled to a deferred benefit under section 35(1)(b) of that Act, may apply to the Board to crystallise that deferred benefit. (2) On receipt by the Board of an application under subclause (1) — (a) the Board is to calculate the amount of the deferred benefit as if the Member has ceased to be an employee on the date the application is received by the Board; and (b) the Member — (i) ceases to be entitled to the deferred benefit referred to in subclause (1)(c); and (ii) becomes entitled to a preserved benefit of an amount equal to the amount calculated under paragraph (a). (3) Part 2 Division 5 applies to a benefit referred to in subclause (2)(b)(ii) as if the Member were a Gold State Super Member and became entitled to the benefit under regulation 44. [Clause 43A inserted: Gazette 26 May 2006 p. 1925-6.] 44. Current determination under GES Act s. 40(3) as to interest on deferred benefit, effect of for r. 78(c) A current determination by the Board under section 40(3) of the GES Act as to the manner in which interest is to be calculated in relation to benefits the payment of which is deferred under section 38K of the GES Act continues as a determination under regulation 78(c). 45. Request before 17 Feb 2001 for transfer to other fund, effect of for r. 79(1) If, before the commencement day, a continuing West State Super Member made a request under section 13B(6) or 13D(1) of the GES Act to transfer an amount to another superannuation fund but as at that day the Board had not dealt with it, the request continues a request under regulation 79(1). 46. Death benefit unpaid at 17 Feb 2001, application of r. 80 to If, before the commencement day, a benefit became payable under the GES Act as a result of the death of a member of the 1993 scheme but as at that day the benefit had not been paid, regulation 80 applies to and in relation to the benefit as if it were a death benefit as defined in that regulation. 47. Current authorisation for GES Act s. 53(3)(b) as to medical information, effect of for r. 81(3)(c) A current authorisation given by a continuing West State Super Member for the purposes of section 53(3)(b) of the GES Act allowing the Board to obtain medical and other information or evidence continues as an authorisation for the purposes of regulation 81(3)(c). Part 4 — Information requirements 48. First annual reporting day; first reporting period for r. 221(5) (1) The first annual reporting day for a continuing Member must be on or before 30 June 2001. (2) For the purposes of regulation 221(5), the first reporting period for a continuing Member is the period from 1 July 2000 to the Member’s first annual reporting day. 49. Person ceasing to be Member before given annual statement, information to be given to If a continuing Member ceases to be a Member before being given an annual statement under regulation 221(5), then the statement given to the person under regulation 222(1) is to set out the information referred to in regulation 222(1)(c) in relation to the period from 1 July 2000 to the day the person ceases to be a Member. 50. Current direction under GES Act s. 52(1) as to information, effect of for r. 224C(1) A current direction given by the Board under section 52(1) of the GES Act specifying information or evidence to be provided by Employers continues as a direction under regulation 224C(1). [Clause 50 amended: Gazette 29 Jun 2001 p. 3105.] 51. Request for information made before 17 Feb 2001, effect of for r. 224D If, before the commencement day, a continuing Member made a request under regulation 8 of the *Government Employees Superannuation (General) Regulations 1992* 3 but as at that day the Board had not dealt with it, the request continues as a request under regulation 224D(1) or (3). [Clause 51 amended: Gazette 29 Jun 2001 p. 3105.] Part 5 — Board elections 52. Elections underway at 17 Feb 2001 If, before the commencement day, the Board notified the Trades and Labor Council of Western Australia (as it was then called) under regulation 4 of the *Government Employees Superannuation (Board Elections) Regulations 1988* 3 that a vacancy had occurred or was about to occur but as at that day the vacancy had not been filled — (a) the process of filling the vacancy is to be completed in accordance with those regulations as if they were still in force; and (b) for the purposes of section 6(3) of the *State Superannuation (Transitional and Consequential Provisions) Act 2000* the person elected to fill that vacancy is taken to have been elected under section 5(3)(c) of the GES Act. 53. Dispute in progress at 17 Feb 2001 If, before the commencement day, a person lodged a dispute with the Minister under regulation 25 of the *Government Employees Superannuation (Board Elections) Regulations 1988* 3 but as at that day the Minister had not dealt with it, the Minister is to deal with the dispute in accordance with those regulations as if they were still in force. Part 6 — General 54. Payment late at 17 Feb 2001, interest on (1) If a benefit became payable under the GES Act but as at the commencement day had not been paid, the interest payable under regulation 243 on the benefit is to be calculated — (a) for a Gold State Member — (i) from the day on which the benefit became payable up to, but not including, the commencement day, at a rate equal to the CPI rate plus 1%; and (ii) on and after the commencement day, at a rate equal to the CPI rate plus 2%; or (b) for a West State Member — (i) from the day on which the benefit became payable up to, but not including 1 July 2001, at a rate equal to the CPI rate plus 2%; and (ii) on and after 1 July 2001, at a rate equal to the Member’s earning rate (which may be positive or negative). (2) A current determination by the Board under section 40(3) of the GES Act as to the manner in which interest is to be calculated in relation to benefits that are not paid when they become payable, continues as a determination for the purposes of regulation 243(c). [Clause 54 amended: Gazette 29 Jun 2001 p. 3105-6; 13 Apr 2007 p. 1665.] 55. Current notice under GES Act s. 49(1)(c) as to benefit in special circumstances, effect of for r. 244(1) (1) A current notice given by the Treasurer under section 49(1)(c) of the GES Act deeming a person to be entitled to a benefit to which he or she would not otherwise be entitled, continues as a direction under regulation 244(1). (2) In regulation 244 — former Member includes a person who was formerly a member of the 1987 scheme or the 1993 scheme. 56. Current permission under GES Act s. 55(1) as to lost right etc., effect of for r. 249(1) (1) A current permission to exercise a right, or a current privilege, granted by the Board under section 55(1) of the GES Act continues as a permission or privilege granted under regulation 249(1). (2) In regulation 249, in relation to a continuing Member — Act includes the GES Act. 57. Current forms continue to be approved A form currently approved by the Board for use for the purposes of the GES Act continues, so far as it is relevant, as a form approved for use for the purposes of these regulations. 58. Current policy etc. decisions continue All current decisions of the Board in relation to policy or administrative matters made for the purposes of the GES Act continue, so far as they are relevant, for the purposes of these regulations. ![dline]() Notes This is a compilation of the *State Superannuation Regulations 2001* and includes amendments made by other written laws 5, 6. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table | **Citation** | **Published** | **Commencement** | | --- | --- | --- | | *State Superannuation Regulations 2001* | 16 Feb 2001 p. 921-1074 | 17 Feb 2001 (see r. 2 and *Gazette* 16 Feb 2001 p. 903) | | *State Superannuation Amendment Regulations 2001* | 29 Jun 2001 p. 3077-107 | 1 Jul 2001 (see r. 2) | | *Corporations (Consequential Amendments) Regulations 2001* Pt. 6 | 28 Sep 2001 p. 5353-8 | 15 Jul 2001 (see r. 2 and Cwlth *Gazette* 13 Jul 2001 No. S285) | | *State Superannuation Amendment Regulations (No. 2) 2002* | 28 Jun 2002 p. 3009-28 | 1 Jul 2002 (see r. 2) | | *State Superannuation Amendment Regulations (No. 3) 2002* | 28 Jun 2002 p. 3029‑33 | 21 Sep 2002 (see r. 2 and *Gazette* 20 Sep 2002 p. 4693) | | *State Superannuation Amendment (Retirement Income Scheme) Regulations 2003* | 19 Mar 2003 p. 813-42 | 19 Mar 2003 | | *State Superannuation Amendment Regulations 2003* | 13 Jun 2003 p. 2105-14 | 13 Jun 2003 | | *Labour Relations Reform (Consequential Amendments) Regulations 2003* r. 19 | 15 Aug 2003 p. 3685-92 | 15 Sep 2003 (see r. 2) | | *State Superannuation Amendment Regulations (No. 2) 2003* | 26 Aug 2003 p. 3756-7 | 26 Aug 2003 | | **Reprint 1: The *State Superannuation Regulations 2001* as at 7 Nov 2003** (includes amendments listed above excluding the retrospective amendments published by Gazette 25 Jun 2004 p. 2233-4 and 13 Apr 2007 p. 1577-613) | | | | *Inspector of Custodial Services Act 2003* s. 56(1) assented to 15 Dec 2003 | | 15 Dec 2003 (see s. 2) | | *State Superannuation Amendment Regulations (No. 4) 2003* | 30 Dec 2003 p. 5725-6 | 30 Dec 2003 | | *State Superannuation Amendment Regulations 2004* | 25 Jun 2004 p. 2228-33 | 25 Jun 2004 | | *State Superannuation Amendment Regulations (No. 2) 2004* | 25 Jun 2004 p. 2233-4 | 1 Aug 2003 (see r. 2) | | *State Superannuation Amendment Regulations (No. 6) 2004* | 26 Nov 2004 p. 5311 | 26 Nov 2004 | | *State Superannuation Amendment Regulations (No. 3) 2004* | 1 Dec 2004 p. 5703-4 | 1 Jan 2004 (see r. 2) | | *State Superannuation Amendment Regulations (No. 4) 2004* | 1 Dec 2004 p. 5705-18 | 1 Dec 2004 | | *State Superannuation Amendment Regulations (No. 5) 2004* | 10 Dec 2004 p. 5894-908 | 10 Dec 2004 | | **Reprint 2: The *State Superannuation Regulations 2001* as at 2 Sep 2005 (**includes amendments listed above excluding the retrospective amendment published by Gazette 13 Apr 2007 p. 1577-613) | | | | *Electricity Corporations (Consequential Amendments) Regulations 2006* r. 87 | 31 Mar 2006 p. 1299‑357 | 1 Apr 2006 (see r. 2) | | *State Superannuation Amendment Regulations 2006* 7 | 26 May 2006 p. 1915-33 | 26 May 2006 | | *State Superannuation Amendment Regulations (No. 2) 2006* | 21 Jul 2006 p. 2651-2 | 21 Jul 2006 | | *Perth International Centre for Application of Solar Energy Repeal Act 2006* s. 7 assented to 3 Oct 2006 | | 31 Oct 2006 | | *State Superannuation Amendment Regulations 2007* | 13 Apr 2007 p. 1577-613 | r. 70(5): 1 Jul 2002 (see r. 2(5)); r. 70(3): 9 Apr 2006 (see r. 2(3)); r. 70(4): 1 Jul 2006 (see r. 2(4)); r. 70(6): 31 Jul 2006 (see r. 2(6)); r. 70(2): 1 Jan 2007 (see r. 2(2)); Regulations other than r. 70(2)‑(6): 13 Apr 2007 (see r. 2(1)) | | *State Superannuation Amendment Regulations (No. 2) 2007* | 13 Apr 2007 p. 1615-65 | 16 Apr 2007 (see r. 2) | | *State Superannuation Amendment Regulations (No. 3) 2007* | 6 Jun 2007 p. 2615-26 | 6 Jun 2007 | | *Chemistry Centre (WA) Act 2007* s. 43 assented to 29 Jun 2007 | | 1 Aug 2007 (see s. 2(1) and *Gazette* 27 Jul 2007 p. 3735) | | **Reprint 3: The *State Superannuation Regulations 2001* as at 3 Aug 2007** (includes amendments listed above) | | | | *State Superannuation Amendment Regulations 2008* Pt. 2 | 18 Jan 2008 p. 149-56 | 19 Jan 2008 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 2) 2008* | 1 Apr 2008 p. 1283-6 | r. 1 and 2: 1 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Apr 2008 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 3) 2008* | 11 Apr 2008 p. 1376-80 | r. 1 and 2: 11 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Apr 2008 (see r. 2(b)) | | *Eastern Goldfields Transport Board Repeal Act 2008* s. 16 assented to 1 Jul 2008 | | 29 Jul 2008 | | *State Superannuation Amendment Regulations (No. 6) 2008* | 8 Jul 2008 p. 3211‑38 | 8 Jul 2008 (see r. 2) | | *State Superannuation Amendment Regulations 2009* Pt. 2 | 24 Nov 2009 p. 4740‑3 | 25 Nov 2009 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 4) 2009* | 8 Jan 2010 p. 29‑30 | r. 1 and 2: 8 Jan 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Jan 2010 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 2) 2010* | 30 Jun 2010 p. 3131‑55 | r. 1 and 2: 30 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b)) | | **Reprint 4: The *State Superannuation Regulations 2001* as at 5 Nov 2010** (includes amendments listed above) | | | | *Public Sector Reform (Consequential Amendments) Regulations 2011* Pt. 8 | 11 Feb 2011 p. 502‑7 | 12 Feb 2011 (see r. 2(d)) | | *State Superannuation Amendment Regulations 2011* | 10 May 2011 p. 1668‑9 | r. 1 and 2: 10 May 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 11 May 2011 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 2) 2011* | 8 Jul 2011 p. 2899‑901 | r. 1 and 2: 8 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Jul 2011 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 3) 2011* | 22 Jul 2011 p. 3028‑9 | r. 1 and 2: 22 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Jul 2011 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 4) 2011* | 6 Dec 2011 p. 5133-4 | r. 1 and 2: 6 Dec 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Dec 2011 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2012* | 17 Jan 2012 p. 466‑73 | r. 1 and 2: 17 Jan 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Mar 2012 (see r. 2(b) and *Gazette* 16 Mar 2012 p. 1245) | | *State Superannuation Amendment Regulations (No. 2) 2012* | 11 May 2012 p. 2063-4 | r. 1 and 2: 11 May 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 12 May 2012 (see r. 2(b)) | | **Reprint 5: The *State Superannuation Regulations 2001* as at 8 Jun 2012** (includes amendments listed above) | | | | *State Superannuation Amendment Regulations 2013* | 23 Jul 2013 p. 3293-313 | r. 1 and 2: 23 Jul 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Jul 2013 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 2) 2013* | 14 Nov 2013 p. 5073 | r. 1 and 2: 14 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and *Gazette* 14 Nov 2013 p. 5027) | | *Electricity Corporations (Consequential Amendments) Regulations 2013* r. 16 | 27 Dec 2013 p. 6469-79 | 1 Jan 2014 (see r. 2(c) and *Gazette* 27 Dec 2013 p. 6465) | | *State Superannuation Amendment Regulations 2014* | 10 Jun 2014 p. 1805-7 | r. 1 and 2: 10 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Jun 2014 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 3) 2014* | 6 Jan 2015 p. 25‑32 | r. 1 and 2: 6 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Jan 2015 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 2) 2015* | 19 Jun 2015 p. 2141 | r. 1 and 2: 19 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Jun 2015 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2015* | 26 Jun 2015 p. 2273 | r. 1 and 2: 26 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(ii) and *Gazette* 26 Jun 2015 p. 2235) | | **Reprint 6: The *State Superannuation Regulations 2001* as at 8 Jan 2016** (includes amendments listed above) | | | | *State Superannuation Amendment Regulations (No. 4) 2016* | 1 Jul 2016 p. 2750 | r. 1 and 2: 1 Jul 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2016 (see r. 2(b) and *Gazette* 24 Jun 2016 p. 2291) | | *State Superannuation Amendment Regulations 2016* | 5 Jul 2016 p. 2817‑19 | r. 1 and 2: 5 Jul 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Jul 2016 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 3) 2016* | 26 Aug 2016 p. 3667-8 | r. 1 and 2: 26 Aug 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Sep 2016 (see r. 2(b) and *Gazette* 26 Jul 2016 p. 3145) | | *State Superannuation Amendment Regulations (No. 2) 2016* | 10 Jan 2017 p. 147‑57 | r. 1 and 2: 10 Jan 2017 (see r. 2(a)); Regulations other than r. 1 and 2 and 5, 6 and 15: 11 Jan 2017 (see r. 2(b)); r. 5, 6 and 15: 1 Jul 2017 (see r. 2(c)) | | *State Superannuation Amendment Regulations 2018* | 12 Oct 2018 p. 4060‑4 | r. 1 and 2: 12 Oct 2018 (see r. 2(a)); Regulations other r. 1, 2 and 12‑16: 13 Oct 2018 (see r. 2(c)); r. 12‑16: 1 Nov 2018 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2019* | 8 Nov 2019 p. 4004-6 | r. 1 and 2: 8 Nov 2019 (see r. 2(a)); Regulations other r. 1 and 2: 9 Nov 2019 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2020* | SL 2020/135 14 Aug 2020 | r. 1 and 2: 14 Aug 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Aug 2020 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2021* | SL 2021/49 7 May 2021 | r. 1 and 2: 7 May 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 8 May 2021 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No 2) 2021* | SL 2021/132 16 Jul 2021 | r. 1 and 2: 16 Jul 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Jul 2021 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 3) 2021* | SL 2021/181 5 Nov 2021 | r. 1 and 2: 5 Nov 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Nov 2021 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2022* | SL 2022/4 18 Jan 2022 | r. 1 and 2: 18 Jan 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2022 (see r. 2(b) and SL 2022/77 cl. 2) | | *State Superannuation Amendment Regulations (No. 2) 2022* Pt. 2 | SL 2022/173 21 Oct 2022 | 22 Oct 2022 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 2) 2023* | SL 2023/205 20 Dec 2023 | r. 1 and 2: 20 Dec 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Dec 2023 (see r. 2(b) | | *Treasurer Regulations Amendment (Workers Compensation) Regulations 2024* Pt. 4 | SL 2024/133 26 Jun 2024 | 1 Jul 2024 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2024* | SL 2024/195 18 Sep 2024 | r. 1 and 2: 18 Sep 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Sep 2024 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2025* | SL 2025/28 5 Feb 2025 | r. 1 and 2: 5 Feb 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Feb 2025 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 2) 2025* | SL 2025/59 16 Apr 2025 | r. 1 and 2: 16 Apr 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Apr 2025 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 3) 2025* | SL 2025/113 25 Jun 2025 | r. 1 and 2: 25 Jun 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2025 (see r. 2(b)) | | *State Superannuation Amendment Regulations (No. 4) 2025* | SL 2025/131 9 Jul 2025 | r. 1 and 2: 9 Jul 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Jul 2025 (see r. 2(b)) | | *State Superannuation Amendment Regulations 2026* | SL 2026/29 18 Mar 2026 | r. 1 and 2: 18 Mar 2026 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Mar 2026 (see r. 2(b) and SL 2026/28 cl. 2) | Other notes 1 The *Superannuation and Family Benefits Act 1938* was repealed by the *State Superannuation Act 2000* s. 39 but its provisions continue to apply to and in relation to certain schemes because of the *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 26, and those provisions may be amended by regulations under s. 26(3). Part 9 of these regulations sets out amendments to those provisions. The text of the *Superannuation and Family Benefits Act 1938* as continued and amended under the *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 26 may be viewed at the following website: www.legislation.wa.gov.au. 2 Footnote no longer applicable. 3 Repealed by the *State Superannuation Act 2000* s. 39. 4 Repealed by the *Courts Legislation Amendment and Repeal Act 2004* s. 14. 5 The *Superannuation Legislation Amendment and Validation Act 2006* s. 19 reads as follows: 19. Validation of statutory membership of workers who ceased to be excluded (1) A person who — (a) when the *State Superannuation Regulations 2001* came into operation — (i) was a worker; and (ii) was excluded from becoming a statutory Member (as defined in those regulations) by the *State Superannuation Regulations 2001* regulation 51(2), (3) or (4); and (b) before the *State Superannuation Amendment Regulations 2006* came into operation, ceased to be so excluded, is taken to have become a statutory Member when he or she ceased to be so excluded. (2) Anything done or purported to have been done under the *State Superannuation Regulations 2001* before this Act came into operation in relation to a person to whom subsection (1) applies, is as valid as it would have been if the *State Superannuation Amendment Regulations 2006* had come into operation immediately after the *State Superannuation Regulations 2001* came into operation. 6 The *State Superannuation Amendment Regulations (No. 4) 2008* had not come into operation when it was deleted by the *State Superannuation Amendment Regulations 2009* Pt. 3.