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Superannuation and Family Benefits Act 1938
19Clause 2 of Part B of Schedule 2 of the *Bank of Western Australia Act 1995* (No. 14 of 1995) reads as follows —
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19 Clause 2 of Part B of Schedule 2 of the *Bank of Western Australia Act 1995* (No. 14 of 1995) reads as follows —
“
2. Provisions relating to *Superannuation and Family Benefits Act 1938*
(1) Despite the amendment made by item 13 of Part A of this Schedule, the Bank is to be deemed to be a department under section 6(1) of the Act in respect of any employee who was a contributor under that Act immediately before the day of privatisation.
(2) A person who was such a contributor may continue to be a contributor after the day of privatisation so long as the person remains an employee of the Bank.
(3) The Bank, the Government Employees Superannuation Board and the Treasurer are to enter into an agreement —
(a) defining the entitlement to benefits that are to have effect for the purposes of the Act in respect of contributors referred to in subclause (1) and persons referred to in section 62 of the Act in relation to such contributors; and
(b) fixing the value of the amount required to fund those benefits.
(4) To the extent that any matter referred to in subclause (3) is not agreed under that subclause within a period that the Treasurer thinks is reasonable the matter is to be determined by the Treasurer.
(5) The Bank is to pay to the Treasurer the amount agreed under subclause (3)(b) or determined under subclause (4) at such time as is provided for in the agreement or determination.
(6) Subclauses (1) to (5) and any agreement under subclause (3) or determination under subclause (4) have effect despite any provision of the Act.
(7) In subclauses (1) to (6) —
Act means the *Superannuation and Family Benefits Act 1938*;
Bank has the meaning given by section 19 and includes the Bank in its capacity as trustee of the BankWest State Superannuation Scheme;
employee has the same meaning as it has in the Act.
”.