Coal Industry Superannuation Regulations 1990
Reprinted as at 5 July 2002
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprinted under the Reprints Act 1984 as at 5 July 2002
Coal Industry Superannuation Regulations 1990
CONTENTS
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Interpretative provisions
3.Definitions and interpretation2
4.Membership3
4A.Service3
5.Total permanent disablement4
6.Partial permanent disablement5
7.Benchmark amount5
9.Dependants6
Part 3 — Membership of the Fund
9A.Categories of membership8
10.Contributors under former Act8
11.Mine workers8
11A.Officers of the Board8
11B.Cessation of membership9
12.Notification by the Board to new members9
13.Board’s discretion9
Part 4 — Contributions to the Fund
14.Contributions by members11
15.Contributions by employers11
Part 5 — Benefits
Division 1 — Entitlement to benefits
17.Retirement benefits — category A14
18.Death benefits — category A14
19.Total and permanent disablement benefit — category A15
20.Partial and permanent disablement benefit — category A16
21.Leaving service benefit — category A16
21B.Benefits for category B members17
21C.Benefits while in service18
22.Retaining benefits19
22AA.Conversion of retained defined benefits to accumulation benefits19
22AB.Payment of retained benefits20
22A.Preservation21
22B.Reduction if surcharge paid21
Division 2 — Payment of benefits
23.Definition22
24.Payment of benefits in respect of deceased members22
25.Nomination of dependants to receive benefits23
26.Time and mode of payment of benefits23
27.Proofs24
Part 5A — Accumulation accounts
27A.Accumulation accounts26
27B.Earnings and losses27
Part 6 — Employers
33.Admission of other employers29
34.Release of employers29
35.Dissolution of employer30
Part 7 — Pensions
36.Rate of pensions and additional payments32
37.Additional payments in respect of dependants32
38.Pension payable to dependants32
39.Suspension of pension33
Part 8 — Elections and appointments
40.Election of members34
41.Appointment of members34
41A.Vacancies34
Part 9 — Miscellaneous
43.Transfers from other funds35
44.Transfers to other funds35
45.Temporary cessation of employment and leave without pay37
46.Application of regulations to members employed part‑time38
47.Requirements for insurance39
50.Notices40
51.General meetings of members41
52.Information41
53.Amendments to these regulations41
Schedule 3 — General meetings of members of the Fund43
1.Notice of meeting43
2.Quorum43
3.Chairman43
4.Board members may attend43
5.Annual general meeting43
6.Special general meeting44
7.Mode of voting on motions44
8.Voting rights44
9.Minutes45
10.Procedure45
Notes
Compilation table46
Defined Terms
Reprinted under the Reprints Act 1984 as at 5 July 2002
Coal Industry Superannuation Act 1989
Coal Industry Superannuation Regulations 1990
Part 1 — Preliminary
These regulations may be cited as the Coal Industry Superannuation Regulations 1990 1.
These regulations shall come into operation on the day on which the Act comes into operation 1.
Part 2 — Interpretative provisions
3.Definitions and interpretation
(1)In these regulations, unless the contrary intention appears —
“accrued benefit”, in relation to a member, means the amount equal to the benchmark amount multiplied by —
(a)13% of the period of the member’s category A membership while in service prior to
(b)12% of the period of the member’s category A membership while in service on or after
“accumulation account” means the account kept for a member under regulation 27A;
“benchmark amount” has the meaning given in regulation
“category A member” means a person who is a member of category A under regulation
“category B member” means a person who is a member of category B under regulation
“discount factor” means the discount factor determined from time to time by the Board on the advice of the actuary;
“former Act” means the Coal Mine Workers (Pensions) Act 1943;
“member” means a person who has become a member under regulation 10, 11 or 11A and who has not ceased to be a member under regulation 11B;
“member’s multiple”, in relation to a member who has retained a benefit, means the multiple recorded under regulation
“previous fund” means the Coal Mine Workers’ Pensions Fund established under the former Act;
“salary day” means —
(a)in relation to an employer, the day on which salary becomes payable by the employer to members who are in service with the employer; and
(b)in relation to a member, the day on which the member’s salary becomes payable.
(2)Regulations 4 to 9 shall have effect for the purposes of the application and interpretation of these regulations.
[Regulation 3 amended in Gazette 14 May 1996 p. 2025‑6; 8 Sep 1998 p. 4908; 30 Apr 2002 p. 2185‑6.]
(1)A reference to the membership of a member is a reference to the most recent uninterrupted period during which the member has been in service and has —
(a)consecutively paid contributions under the former Act and been a member of the Fund; or
(b)been a member of the Fund,
expressed in years and parts thereof and calculated to 2 decimal places.
(2)If a person who has ceased to be in service but who is still a member returns to service, the Board may include any part of the period during which the person was previously in service in the person’s membership on such terms and conditions as the Board determines.
[Regulation 4 amended in Gazette 9 Aug 1991 p. 4180; 31 Dec 1992 p. 6368; 14 May 1996 p. 2026.]
In these regulations —
(a)a person is “in service” if the person is a mine worker or an officer of the Board; and
(b)a person is “in service with an employer” if the person is —
(i)in the case of an officer of the Board, in service while an officer of the Board; and
(ii)in the case of a mineworker, in service while employed by, working on the mine of, or otherwise associated with, that employer.
[Regulation 4A inserted in Gazette 14 May 1996 p. 2026.]
A member who is 60 years of age or younger shall be regarded as totally and permanently disabled —
(a)in the event that the Board has under section 13 of the Act effected a group life insurance or assurance policy that contains provision for payments of benefits in respect of total and permanent disablement and that policy is in force for the time being in respect of the member if the member is totally and permanently disabled within the meaning of and for the purposes of that policy;
(b)in the event that the Board has under section 13 of the Act effected a group life insurance or assurance policy that contains provision for payment of benefits in respect of total and permanent disablement and that policy is not in force for the time being in respect of the member by reason only of the refusal of insurance by the insurer with which that policy has been effected, if in the opinion of the Board, after consideration of material evidence satisfactory to it, the member is totally and permanently disabled within the terms of the definition of total and permanent disablement contained in that policy; or
(c)in any other event if the Board is satisfied, after considering any medical or other evidence that it considers to be relevant, that the member is, and until attaining 60 years of age will continue to be, physically or mentally incapable of engaging in, or working for reward in, any occupation or work for which, in the opinion of the Board, the member is suited to undertake by education, training or experience or for which the member would be suited as a result of retraining.
[Regulation 5 amended in Gazette 14 May 1996 p. 2026‑7.]
6.Partial permanent disablement
A member shall be regarded as partially and permanently disabled if the member —
(a)is 60 years of age or younger;
(b)is not totally and permanently disabled; and
(c)in the opinion of the Board, after consideration of material evidence satisfactory to it, is physically or mentally incapable of engaging in, or working for reward in, any occupation or work for the employer for which he or she is reasonably qualified by education, training or experience.
[Regulation 6 inserted in Gazette 14 May 1996 p. 2027.]
(1)Subject to subregulations (2) and (3), in these regulations —
“benchmark amount” means —
(a)until 1 July 1999, $31 452; and
(b)on and after that date, the benchmark amount on the previous 30 June increased by —
(i)either —
(A)an amount equal to the increase (if any) in the index of Average Weekly Ordinary Time Earning for full-time adults published by the Australian Statistician for the year ending on the previous 31 March; or
(B)such lesser amount as is determined by the Board on the recommendation of the actuary;
and
(ii)any additional amount agreed between the Board and all employers.
(2)The Board may, on the recommendation of the actuary, determine that benchmark amount is to be increased quarterly on 1 January, 1 April, 1 July and 1 October each year instead of annually on 1 July.
(3)If the Board makes a determination under subregulation (2), the increase to be effected under subregulation (1)(a)(i) is to be equal to the increase (if any) in the index of Average Weekly Ordinary Time Earning for full-time adults published by the Australian Statistician for the quarter ending on the previous 31 September, 31 December, 31 March or 31 June respectively.
[Regulation 7 inserted in Gazette 14 May 1996 p. 2027; amended in Gazette 8 Sep 1998 p. 4908‑9.]
[8.Repealed in Gazette 14 May 1996 p. 2027.]
(1)In this regulation —
“child”, in relation to a member, includes —
(a)a step‑child of the member;
(b)an adopted child of the member irrespective of the date of adoption;
(c)a child of the spouse of the member;
(d)a child recognized by the Board as an adopted child of the member;
(e)an illegitimate child of the member; and
(f)a child of the member born after the death of the member;
“spouse”, in relation to a member, includes a person of the opposite sex to the member who is, or was at the time of the death of the member, living with the member as a husband or wife of the member on a bona fide domestic basis, although not legally married to the member.
(2)The dependants of a member are —
(a)the spouse of the member;
(b)any child of the member; and
(c)any other person who, in the opinion of the Board, is, or was at the time of the death of the member, wholly or partially dependant on the member or has, or had at that time, a legal or moral right to look to the member for support or a reasonable expectation of receiving support from the member.
Part 3 — Membership of the Fund
The members of the Fund are divided into 2 categories as follows —
(a)category A — people who became members under regulation 10 or 11; and
(b)category B — people who became members under regulation 11A.
[Regulation 9A inserted in Gazette 14 May 1996 p. 2028.]
10.Contributors under former Act
A mine worker who paid contributions to the previous fund immediately before the commencement of the Act shall, by virtue of this regulation, become a category A member of the Fund on that commencement.
[Regulation 10 amended in Gazette 14 May 1996 p. 2028.]
(1)Where a person who is not already a member of the Fund becomes a mine worker after the commencement of the Act that person shall, by virtue of this regulation, become a category A member of the Fund when he or she becomes a mine worker.
(2)A mineworker who is on active service as a member of the Defence Forces of the Commonwealth is deemed to continue to be in service as a mineworker during that period.
[Regulation 11 amended in Gazette 9 Aug 1991 p. 4180; 14 May 1996 p. 2028.]
(1)An officer of the Board may apply to become a category B member at any time by giving written notice to the Board.
(2)If the Board accepts an officer’s application, the officer becomes a category B member on the officer’s next salary day.
[Regulation 11A inserted in Gazette 14 May 1996 p. 2028.]
A member ceases to be a member if —
(a)both —
(i)the member has ceased to be in service; and
(ii)all benefits which are or may be payable to or in respect of the member, have been paid or transferred from the Fund;
or
(b)the member receives a benefit under regulation 21C(1) or (2).
[Regulation 11B inserted in Gazette 14 May 1996 p. 2028‑9.]
12.Notification by the Board to new members
The Board shall give written notice to each person who becomes a member informing that person of his or her rights, and the rights of that person’s dependants and legal personal representatives in respect of benefits from the Fund together with any other information which the SIS Act requires the Board to give to new members.
[Regulation 12 amended in Gazette 14 May 1996 p. 2029.]
(1)The Board may, when it considers there are special circumstances —
(a)deem a person to be eligible to be a member in the category specified by the Board; or
(b)deem a member, a dependant of a member, a former member or the personal representative of a member or former member to be eligible for payment of a benefit to which that person is not otherwise entitled under this Act,
and that person shall be entitled to be a member and receive benefits as a member or to receive a benefit, as deemed by the Board.
(2)Any cost to the Fund arising from any exercise of the Board’s discretion under subregulation (1) must be assessed by an actuary and reported in the next annual report of the Board.
[Regulation 13 amended in Gazette 14 May 1996 p. 2029.]
Part 4 — Contributions to the Fund
(1)Each category A member in service shall contribute to the Fund each year an amount equal to 3% of the benchmark amount.
(1a)A member shall pay the contributions payable under subregulation (1) in instalments as at each salary day.
(1b)A category A member may contribute to the Fund any further amount agreed between the member and the Board.
(1c)Each category B member may contribute to the Fund any amount agreed between the member and the Board.
(2)The contributions payable by a member under subregulation (1) shall be —
(a)deducted from the member’s salary by the employer when each payment of salary is made; and
(b)paid to the Fund on his behalf within 3 working days of deduction.
[(3)repealed]
(4)A person who is deemed to be a mineworker under regulation 11(2) is liable to make contributions to the Fund but no employer contributions are payable in respect of such a person.
[Regulation 14 amended in Gazette 9 Aug 1991 p. 4180‑1; 14 May 1996 p. 2029; 8 Sep 1998 p. 4909.]
(1)Subject to subregulation (6), each employer shall contribute to the Fund in respect of each category A member in service with that employer the amount or at the rate recommended by the actuary under subregulation (5), or such other amount or rate as is agreed between the Board, the actuary and the employers.
(2)An employer shall pay the contributions payable under subregulation (1) in instalments as at each salary day.
(3)Each employer shall contribute to the Fund in respect of each category B member in service with that employer the amount (if any) agreed between the employer and the member.
(4)An employer may contribute such further amount in respect of a member as is agreed between the employer and the member.
(5)In each report on an actuarial review conducted under section 23(1) of the Act, the actuary shall advise the Board of the amounts or rates of contributions required from each employer in order to ensure the stability of the Fund and secure the rights of members.
(6)The amount or rate of contributions to be made by an employer under subregulation (1) shall not be —
(a)less than 7%; nor
(b)more than 10%,
of the benchmark amount multiplied by the number of category A members in service with that employer.
(7)If the rate of contributions recommended by the actuary under subregulation (5) is greater than the maximum rate permitted by subregulation (6) —
(a)the Board shall obtain from the actuary a report as to the extent (if any) to which benefits should be reduced having regard to the level of employer contributions and the capacity of the Fund to pay benefits; and
(b)these regulations may be amended to reduce benefits in accordance with that report.
(8)Regulation 53(1), (2) and (3) does not apply to an amendment made under subregulation (7)(b).
[Regulation 15 inserted in Gazette 14 May 1996 p. 2029‑30; amended in Gazette 8 Sep 1998 p. 4909.]
[16.Repealed in Gazette 14 May 1996 p. 2029.]
Part 5 — Benefits
Division 1 — Entitlement to benefits
17.Retirement benefits — category A
(1)A category A member who leaves service with an employer between 55 and 65 years of age (inclusive) is entitled to a benefit equal to —
(a)the member’s accrued benefit; and
(b)the balance of the member’s accumulation account.
(2)A category A member who leaves service with an employer for any reason (other than death) after reaching 65 years of age is entitled to a benefit equal to the amount that would have been payable to the member if the member had —
(a)left service with that employer on the day the member turned 65;
(b)become entitled to a benefit under subregulation (1) on that day; and
(c)retained the whole of that benefit in the Fund under regulation 22 (without making an election under regulation
[Regulation 17 inserted in Gazette 14 May 1996 p. 2030; amended in Gazette 30 Apr 2002 p. 2186.]
18.Death benefits — category A
(1)If a category A member who is under 60 years of age dies in service, the Board shall pay a benefit equal to —
(a)the member’s accrued benefit calculated as if —
(i)the member had remained in service until reaching 60 years of age; and
(ii)the benchmark amount had remained the same as it was on the date of death;
and
(b)the balance of the member’s accumulation account.
(1a)If a category A member who is between 60 and 65 years of age (inclusive) dies in service, the Board shall pay a benefit equal to the benefit that would have been payable to the member if the member had left service on the date of death and become entitled to a benefit under regulation 17(1).
(2)If a category A member who is over 65 years of age dies in service, the Board shall pay a benefit equal to the benefit that would have been payable to the member if the member had —
(a)left service on the day the member turned 65;
(b)become entitled to a benefit under regulation 17(1) on that day; and
(c)retained the whole of that benefit in the Fund under regulation 22 (without making an election under regulation 22AA(1)) until the date of death.
[Regulation 18 inserted in Gazette 14 May 1996 p. 2030‑1; amended in Gazette 8 Sep 1998 p. 4909‑10; 30 Apr 2002 p. 2186.]
19.Total and permanent disablement benefit — category A
(1)A category A member who is under 60 years of age and who leaves service with an employer because of total and permanent disablement is entitled to a benefit equal to —
(a)the member’s accrued benefit calculated as if —
(i)the member had remained in service with that employer until reaching 60 years of age; and
(ii)the benchmark amount had remained the same as it was on the date of disablement;
and
(b)the balance of the member’s accumulation account.
(1a)A category A member who is over 60 years of age and who leaves service with an employer because of total and permanent disablement is entitled to a benefit equal to the benefit to which the member would have been entitled if the member had left service on the date of disablement and become entitled to a benefit under regulation 17(1) or (2) (as applicable).
(2)In this regulation and regulation 20 —
“date of disablement” means the last day in respect of which the member received remuneration from that employer prior to becoming entitled to the benefit.
[Regulation 19 inserted in Gazette 14 May 1996 p. 2031; amended in Gazette 8 Sep 1998 p. 4910.]
20.Partial and permanent disablement benefit — category A
A category A member who leaves service with an employer because of partial and permanent disablement is entitled to a benefit equal to —
(a)the member’s accrued benefit calculated as at the date of disablement; and
(b)the balance of the member’s accumulation account.
[Regulation 20 inserted in Gazette 14 May 1996 p. 2031.]
21.Leaving service benefit — category A
(1)Subject to subsection (2), a category A member who leaves service with an employer in circumstances other than those described in regulations 17 to 20 is entitled to a benefit equal to the balance of the member’s accumulation account plus —
(a)if the member retains the whole of the defined benefit component of the benefit in the Fund — the member’s accrued benefit; or
(b)otherwise — an amount equal to the member’s accrued benefit multiplied by the discount factor.
(2)A category A member who leaves service by reason of ceasing to be a mineworker but who remains in employment with the same employer —
(a)is not entitled to a benefit under subregulation (1) at the time of leaving service; and
(b)is entitled to a benefit when the member ceases to be in employment with that employer equal to the amount that would have been payable to the member if the member had —
(i)become entitled to a benefit under subregulation (1) on the day the member ceased to be a mineworker; and
(ii)retained the whole of that benefit in the Fund under regulation 22 (without making an election under regulation 22AA(1)) until the day the member actually left service with that employer.
[Regulation 21 inserted in Gazette 14 May 1996 p. 2031‑2; amended in Gazette 30 Apr 2002 p. 2186‑7.]
[21A.Repealed in Gazette 30 Apr 2002 p. 2187.]
21B.Benefits for category B members
(1)A category B member who leaves service with an employer for any reason (other than death) is entitled to a benefit equal to the balance in the member’s accumulation account.
(2)If a category B member dies in service the Board is to pay a benefit equal to the balance in the member’s accumulation account.
[Regulation 21B inserted in Gazette 14 May 1996 p. 2032.]
(1)If a member —
(a)is in service; and
(b)reaches the age at which the SIS Act requires the Board to pay the member’s benefit,
the Board must pay to the member a benefit equal to the benefit that the member would have been entitled to had the member left service on the date the member reached that age.
(2)A member who —
(a)is in service;
(b)is 65 years of age or older; and
(c)requests payment,
is entitled to a benefit equal to the benefit that the member would have been entitled to had the member left service on the date of the request.
(3)A member who —
(a)is in service;
(b)is under 65 years of age; and
(c)requests payment,
is entitled to a benefit of up to the amount which the Board is permitted by the SIS Act to pay to the member.
(4)If a benefit paid under subregulation (3) includes a defined benefit component, the benefit payable to or in respect of the member when the member leaves service is to be adjusted accordingly.
[Regulation 21C inserted in Gazette 14 May 1996 p. 2032‑3.]
(1)A member who is entitled to a benefit under regulation 17, 20, 21 or 21B may, prior to the benefit being paid, request the Board to retain all or part of it in the Fund.
(2)If a member requests the retention of all or part of the accumulation component of a benefit, the Board is to retain in the member’s accumulation account the portion of that component that the member has elected to retain.
(3)If a member requests the retention of all of the defined benefit component of a benefit, the Board is to make a record of the multiple of the benchmark amount used to calculate the defined benefit component of the benefit.
(4)If a member requests the retention of part only of —
(a)the defined benefit component of a benefit; or
(b)the amount calculated in accordance with regulation 21(1)(b),
(as the case may be) the Board is to credit to the member’s accumulation account, and retain in that account, an amount equal to the portion of that component or amount that the member has elected to retain.
[Regulation 22 inserted in Gazette 30 Apr 2002 3 p. 2187.]
22AA.Conversion of retained defined benefits to accumulation benefits
(1)A member who has retained all of the defined benefit component of a benefit under regulation 22(3) may elect to convert that component to an accumulation benefit.
(2)If a member makes an election under subregulation (1) the Board is to credit to the member’s accumulation account an amount equal to the multiple of —
(a)the member’s multiple;
(b)the benchmark amount as at the date of the conversion; and
(c)if the member —
(i)became entitled to the benefit under regulation 21(1)(a); and
(ii)is under 55 years of age on the date of the conversion,
the discount factor.
(3)When an amount has been credited to the member’s accumulation account under subregulation (2), the member’s multiple is reduced to zero.
[Regulation 22AA inserted in Gazette 30 Apr 2002 p. 2187‑8.]
22AB.Payment of retained benefits
(1)The Board must pay a retained benefit to a member, or transfer it under regulation
(a)subject to regulation
(b)when required under the SIS Act to do so.
(2)The amount of a retained benefit to be paid or transferred under subregulation (1) is —
(a)the balance in the member’s accumulation account; and
(b)if the retained benefit includes a defined benefit component, an amount equal to the multiple of —
(i)the member’s multiple;
(ii)the benchmark amount as at the date of payment or transfer; and
(iii)if the member —
(A)became entitled to the benefit under regulation 21(1)(a); and
(B)is under 55 years of age on the day on which the benefit is paid or transferred,
the discount factor.
(3)If a member who has retained a benefit dies before the benefit is paid or transferred, the Board is to pay, in accordance with regulation
(a)the balance in the member’s accumulation account; and
(b)if the retained benefit includes a defined benefit component, an amount equal to the multiple of —
(i)the member’s multiple; and
(ii)the benchmark amount as at the date of payment.
[Regulation 22AB inserted in Gazette 30 Apr 2002 p. 2188‑9.]
If required to do so by the SIS Act the Board must preserve all or part of any benefit otherwise payable from the Fund in a manner consistent with the SIS Act.
[Regulation 22A inserted in Gazette 14 May 1996 p. 2033.]
22B.Reduction if surcharge paid
If any amount paid by the Board under the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth in relation to a member has not been deducted from the member’s accumulation account, the Board may reduce a benefit payable to or in respect of the member by that amount plus interest at a rate determined by the Board on the advice of the Actuary.
[Regulation 22B inserted in Gazette 8 Sep 1998 p. 4910.]
Division 2 — Payment of benefits
In this Division and Division 3, unless the contrary intention appears, “benefit” means a benefit payable under these regulations.
24.Payment of benefits in respect of deceased members
(1)Benefits payable in respect of a member upon or after the member’s death shall be paid from the Fund by the Board —
(a)to or for the benefit of the dependants of the member; or
(b)to the legal personal representative of the member.
(2)Any payment of a benefit under subregulation (1) may at the discretion of the Board be made or paid —
(a)to either the dependants of the member or his legal personal representative or both;
(b)to any one or more of the dependants of the member to the exclusion of the others of them; and
(c)in such shares or proportions as the Board thinks fit and without the Board being under any obligation to ensure equality between the persons to whom payment is made.
(3)Before exercising its discretion under subregulation (2) the Board shall consider —
(a)the will (if available) of the member;
(b)any nomination that the member may have made under regulation 25; and
(c)such other matters as the Board considers relevant.
(4)Where under this regulation any sum is payable to or for the benefit of a minor —
(a)the Board may pay that sum (without being responsible to see to its application) —
(i)to the parent or guardian of the minor or to any other person who appears to have the custody or control of the minor or with whom the minor resides; or
(ii)to a trustee corporation to be held in trust under such terms and conditions as determined by the Board for the benefit of the minor until the minor ceases to be a minor;
and
(b)the receipt of that parent or guardian, or that other person, or the trustee corporation for any sum so paid shall be a good discharge to the Board for that sum.
(5)In subregulation (4) “trustee corporation” means the Public Trustee in and of a State or any company authorised by an Act of a State to administer the estates of deceased persons and other trust estates.
25.Nomination of dependants to receive benefits
The Board shall when a person becomes a member, and thereafter at such intervals as the Board thinks fit, invite the member to nominate —
(a)the dependants to whom the member wishes benefits that may be payable upon or after his death to be paid; and
(b)the proportions in which the member wishes the benefits to be paid.
26.Time and mode of payment of benefits
(1)Notwithstanding anything contained in these regulations the Board may —
(a)make an interim payment in respect of any benefit;
(b)postpone the payment of the whole or part of any benefit for any period not exceeding 6 months after the happening of the event upon which the benefit became payable;
[(c)deleted]
(d)make payment of any benefit itself or cause or arrange for such payment to be made for or on its behalf.
(2)Where the payment of any amount is postponed under subregulation (1) interest at such rates as are determined from time to time by the Board shall be added to the amount so postponed from the date on which the benefit entitlement arose to a date, not more than 28 days before payment, determined by the Board.
(3)Where, after a benefit has been paid to a member under a regulation, it is established that the member was eligible for a benefit under another regulation, the Board may pay to or in respect of that member the benefit payable under the latter regulation but any amount previously paid to the member shall be deducted from the benefit payable under the latter regulation.
(4)Where a person who is or may be entitled to any benefit is, in the opinion of the Board, unable by reason of mental incapacity to manage his or her own affairs, the Board may pay that benefit —
(a)to a person appointed under the Mental Health Act 1996 to be the manager of the estate of the first‑mentioned person, or, if there is no such manager, to any other person, for or on behalf of the first‑mentioned person; or
(b)to the dependants of the first‑mentioned person.
(5)A payment under subregulation (4) shall, without any thing more, be a sufficient discharge to the Board.
[Regulation 26 amended in Gazette 31 Dec 1992 p. 6368; 8 Sep 1998 p. 4910.]
(1)A person appearing, purporting or claiming to be qualified for or entitled to any benefit shall on request produce to the Board such evidence and do and execute such acts and documents as the Board may reasonably require.
(2)Whenever it becomes necessary for the Board to decide questions of fact the Board may act upon such proofs and presumptions, or either, as it considers satisfactory irrespective of whether they are strictly legal proofs or presumptions.
[Division 3 repealed in Gazette 31 Dec 1992 p. 6368.]
Part 5A — Accumulation accounts
[Heading inserted in Gazette 14 May 1996 p. 2033.]
(1)The Board shall keep an accumulation account for each member.
(2)The Board shall credit to a member’s accumulation account —
(a)all contributions to the Fund made by under regulation 14(1b) or (1c);
(b)all employer contributions made for that member under regulation 15(3) or (4);
(c)amounts transferred from other funds or converted to accumulation benefits under regulation 43;
(d)the proceeds of any life insurance policy effected for the member the premiums for which were debited to the account;
(e)any amounts required under regulation 22 or 22AA to be credited to the account;
(f)earnings distributed to that account under regulation 27B.
(3)The Board shall debit to a member’s accumulation account —
(a)premiums for life insurance effected in respect of the member;
(b)tax payable by the Board in respect of employer contributions credited to the account;
(ba)any amount payable by the Board under the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth in relation to the member;
(c)losses distributed to that account under regulation 27B; and
(d)the accumulation component of any benefit or amount transferred from the Fund in respect of the member.
[Regulation 27A inserted in Gazette 14 May 1996 p. 2033‑4; amended in Gazette 8 Sep 1998 p. 4911; 30 Apr 2002 p. 2189.]
(1)At the end of each financial year (or at such other times as the Board determines) the Board shall declare a Fund earning rate for the period since the last declaration was made.
(2)The Board shall distribute the earnings or losses of the Fund for the period covered by the declaration to the accumulation accounts that exist on the last day of that period.
(3)The Board may, from time to time, declare an interim Fund earning rate.
(4)When a benefit is to be paid or an amount is to be transferred from an accumulation account, the Board is to distribute earnings or losses of the Fund for the period since the last date as at which a distribution was made to that account at the interim Fund earning rate.
(5)The Board shall decide whether Fund earning rates are to be applied to accumulation accounts on daily balances, on average balance or on some other basis.
(6)In determining a Fund earning rate the Board shall take into account —
(a)the earnings or losses of the Fund;
(b)the costs and expenses of the Fund, including any tax that is or may be incurred by the Board;
(c)the level of the Fund’s reserves;
(d)the appropriateness of averaging earnings, losses and expenses over several years; and
(e)any other matters which the SIS Act requires the Board to consider or which the Board considers relevant.
(7)The Fund earning rate or interim Fund earning rate for any period may be positive or negative.
[Regulation 27B inserted in Gazette 14 May 1996 p. 2034.]
Part 6 — Employers
33.Admission of other employers
(1)The Board and a body other than a body mentioned in Schedule 1 to the Act may, at any time enter into an agreement for that body and employees of that body to participate in the Fund and that body shall become an employer for the purposes of the Act and these regulations on and from the date on which Schedule 1 to the Act is amended under section 3(2) of the Act to include that employer.
(2)An agreement under subregulation (1) shall be in such form as is determined by the Board.
(1)The Board may release a body that is an employer under the Act and the members in service with it from participation in the Fund and —
(a)that body shall cease to be an employer; and
(b)those members shall cease to be members,
on the date on which Schedule 1 to the Act is amended to delete that employer and upon terms and conditions determined by the Board.
(2)Where a body and the members in service with it are released from participation in the Fund under subregulation (1) the interest in the Fund of that body and those members shall be —
(a)ascertained by the Board on the advice of the actuary; and
(b)dealt with in such manner as the Board and that body consider equitable taking into account the membership of and the amounts contributed by and in respect of each of those members and any other circumstances which the Board and that body consider relevant,
but no benefit shall be paid to any member who is in service unless that payment is permitted by the SIS Act.
[Regulation 34 amended in Gazette 14 May 1996 p. 2035.]
(1)Subject to subregulation (4) and regulation 44(2) and (3), where an employer —
(a)is wound up or dissolved; or
(b)amalgamates with or transfers the whole of its engagements to any other person or body,
the interest in the Fund of that employer and the members in service with it at the time of the winding up, dissolution, amalgamation or transfer, as the case may be, shall be ascertained by the Board on the advice of the actuary and applied by the Board in the manner set out in subregulation (2).
(2)Where subregulation (1) applies in relation to an employer the interest in the Fund referred to in subregulation (1) shall be applied by the Board in the following order —
(a)in providing as far as possible through the Fund or otherwise the benefits to which the members referred to in subregulation (1) would have been entitled had they voluntarily left service with that employer; and
(b)by distributing any balance then remaining for the benefit of those members in such manner as the Board on the advice of the actuary considers equitable.
(3)The benefits referred to in subregulation (2) shall be —
(a)in such form and provided by such arrangements as are determined by the Board; and
(b)paid to the members referred to in subregulation (1) in full discharge of all claims by or in respect of them in relation to any rights or benefits under these regulations or in connection with or arising out of the Fund.
(4)Where a member referred to in subregulation (1) enters service with another employer as from the time of the winding up, dissolution, amalgamation or transfer of engagements of the previous employer this regulation does not apply to or in relation to that member.
[Regulation 35 amended in Gazette 14 May 1996 p. 2035.]
Part 7 — Pensions
36.Rate of pensions and additional payments
(1)Subject to subregulation (2) —
(a)pensions and additional payments payable under clause 6 of Schedule 3 to the Act;
(b)additional amounts which become payable under regulation 37;
(c)pensions which become payable under this Part,
shall be paid at the rate at which they were paid or payable immediately before the coming into operation of the Act.
(2)The rate of pension or additional payment referred to in subregulation (1) shall be altered at the same times and in the same proportions as the benchmark amount referred to in regulation 7 is altered.
[Regulation 36 amended in Gazette 14 May 1996 p. 2035; 8 Sep 1998 p. 4911.]
37.Additional payments in respect of dependants
(1)A person who receives a pension under clause 6 of Schedule 3 to the Act shall also be eligible for an addition to such pension consisting of such amounts as would have been payable to that person if section 9 of the former Act had remained in operation.
(2)The Board shall have the same power to refuse to award an addition to a pension, to cancel or suspend so much of any pension as consists of such addition, and to award or continue an addition as the tribunal had under section 9 of the former Act.
38.Pension payable to dependants
Upon the death of a person who has received a pension under clause 6 of Schedule 3 to the Act a person who would have been eligible for a pension under section 10 of the former Act as a dependant of that person shall be eligible for a pension as if that section were still in force and for that purpose the Board shall have all of the functions of the former tribunal under that section.
Notwithstanding the repeal of the former Act, section 26 of that Act shall continue to apply in relation to a pension payable under clause 6 of Schedule 3 to the Coal Industry Superannuation Act 1989, and for that purpose the Board shall have all of the functions of the former tribunal under that section.
Part 8 — Elections and appointments
(1)Every election of members of the Board shall be conducted using an optional preferential system of voting and a secret ballot.
(2)The Combined Coal Mining Unions Council shall appoint a returning officer who shall be responsible for the conduct of elections in accordance with this regulation.
(3)Where there is only one candidate for election to an office on the Board the returning officer shall declare the candidate to be elected to that office.
(1)The vacancy that occurs during a year in one of the offices of the appointed members of the Board and the vacancy that occurs during that year in the office of the appointed alternate member of the Board shall both be filled by appointment at the same time.
(2)If there is any dispute amongst the employers as to which persons should be appointed to the Board, the chairman shall determine the appointments by lot.
A vacancy on the Board must be filled within the time specified in the SIS Act.
[Regulation 41A inserted in Gazette 14 May 1996 p. 2036.]
Part 9 — Miscellaneous
[42.Repealed in Gazette 14 May 1996 p. 2036.]
(1)The Board may make and carry into effect arrangements —
(a)with a person who is a member of the Fund and who is or has been a member of another superannuation or like fund; or
(b)in respect of that person, with the trustees of or other persons controlling that other fund; or
(c)with that person and those trustees,
under which an agreed sum or agreed assets shall be paid by or transferred from that other fund to the Fund.
(2)A member in respect of whom arrangements have been made for the transfer to the Fund of an agreed sum or agreed assets under subregulation (1) shall, as a member, be granted such rights to benefits additional to those otherwise provided under these regulations as are determined by the Board on the advice of the actuary.
(3)If a member has been granted additional benefits under subregulation (2) that are calculated on a defined benefit basis, they may be converted to benefits calculated on an accumulation basis on such terms as the Board and member agree.
[Regulation 43 amended in Gazette 14 May 1996 p. 2036.]
(1)The Board may, with the written consent of a member and subject to such conditions as the Board thinks fit, pay or transfer to any other superannuation fund, or any approved deposit fund or deferred annuity fund, or any like fund, any benefit which may be payable under these regulations or in respect of that member on the cessation of that member’s service with the employer.
(1a)The Board must pay to a member or transfer to another superannuation fund or other person or fund, any benefit which the SIS Act requires to be so paid or transferred.
(2)If —
(a)an employer enters into arrangements to amalgamate with, or transfer any part of its engagements to, a person or body; and
(b)under those arrangements a member ceases to be in service with that employer but enters into service with that other person or body,
the Board may with the written consent of that member and subject to such conditions as the Board thinks fit (and in lieu of paying the benefit which would otherwise be payable under these regulations) pay or transfer to a superannuation fund established or operated for the benefit of any people in service with that other person or body such amount as in the opinion of the Board on the advice of the actuary represents the interest of the member in the Fund to be applied by the trustees of that other superannuation fund for the benefit of that member.
(3)If the benefit payable to or in respect of a member is paid or transferred under subregulation (1) or if the interest of a member in the Fund is paid or transferred under subregulation (2) —
(a)the receipt of the trustees of or other persons controlling the fund to which the benefit or the interest of the member (as the case may be) is paid or transferred shall be a sufficient discharge to the Board; and
(b)neither the Board nor the employer shall be responsible for the payment, application or disposal by the trustees of or other persons controlling that fund of the benefit or the interest so paid or transferred.
[Regulation 44 amended in Gazette 14 May 1996 p. 2036.]
45.Temporary cessation of employment and leave without pay
(1)If a member leaves service in circumstances where it is reasonable to expect that the member will return to service within a reasonable time, the Board may treat the member as continuing to be in service on such terms and conditions as are agreed between the Board, the member and the employer.
(2)If a member is on leave without pay the Board, the employer and the member may enter into an agreement as to the terms and conditions on which the member shall continue to be a member during the absence of that member.
(3)The terms and conditions agreed upon under subregulation (1) and (2) may include terms or conditions inconsistent with the other provisions of these regulations.
(4)Unless otherwise agreed under subregulation (1) or (2) —
(a)no contributions are payable by or in respect of the member during the relevant period;
(b)the relevant period is not to be counted in determining the member’s membership; and
(c)if a benefit becomes payable under regulation 19 or 20 during the relevant period, the member is deemed to have received salary on the employer’s last salary day prior to the benefit becoming payable.
(5)In subregulation (4) —
“relevant period” means any period during which a member has —
(a)continued in service under subregulation (1); or
(b)been absent on leave without pay.
[Regulation 45 amended in Gazette 14 May 1996 p. 2037.]
46.Application of regulations to members employed part‑time
(1)If at any time a category A member (in this regulation called a “prescribed member”) is or has been classified by the employer as being part‑time, these regulations shall apply to that prescribed member with the modifications and variations set out in this regulation.
(2)The employer shall in respect of any period during which a prescribed member is classified as being part‑time, determine the percentage (in this regulation called “the service percentage”) of full‑time service being worked by that member during that period.
(3)The service percentage in respect of any period during which a prescribed member is not classified as being employed part‑time shall be 100%.
(4)Whenever there is a change in the service percentage of a prescribed member the employer shall advise the Board and the member of that change.
[(5)repealed]
(6)During any period of membership during which the service percentage of a prescribed member is less than 100% the contributions that would otherwise have been payable by the member under regulation 14 or by the employer under regulation 15 shall be reduced in the ratio that the service percentage of the member bears to 100%.
(7)Where any lump sum retirement benefit calculated under regulation 17 is payable under these regulations to or in respect of a prescribed member in respect of any period of membership during which the service percentage of the member was less than 100%, that benefit shall be reduced in the ratio that the service percentage of the member during that period bears to 100%.
(8)Where any death benefit calculated under regulation 18 is payable under these regulations to or in respect of prescribed member and, immediately before the benefit became payable, the member was classified by the employer as being employed part‑time, the amount by which the amount referred to in regulation 18(1)(b), as assessed in relation to that member, exceeds the amount equal to the accrued benefit of that member shall be reduced in the ratio that the service percentage of the member immediately before the benefit became payable bears to 100%.
[Regulation 46 amended in Gazette 14 May 1996 p. 2037.]
(1)For the purposes of effecting, increasing or otherwise varying any policy of insurance or assurance as provided in section 13 of the Act, the Board may from time to time require a member —
(a)to be medically examined;
(b)to submit other evidence of health;
(c)to provide proof of age to the satisfaction of the insurer; and
(d)to take such other steps as may be required for any of those purposes.
(2)If a category A member refuses to undergo the medical examination or to undertake any other step that may reasonably be required by the Board for the purposes of effecting, increasing or otherwise varying any policy of insurance or assurance or if the member does or omits to do anything that would or may prejudice the policy or result in any of the policy proceeds not becoming payable, the Board may adjust the defined benefit component of benefits to be payable from the Fund to or in respect of that member in such manner as the Board considers appropriate.
(3)The Board shall not effect a group life insurance or assurance policy that contains provision for payment of benefits in respect of total and permanent disablement unless in the opinion of the Board the definition of total and permanent disablement contained in that policy is such that a member covered by that policy would be considered by the insurer with which the policy is effected to be totally and permanently disabled if in the opinion of the insurer, after considering any medical or other evidence that it considers to be relevant, that the member is, and until attaining 60 years of age will continue to be, physically or mentally incapable of engaging in, or working for reward in, any occupation or work for which, in the opinion of the insurer, the member is suited to take by education, training or experience or for which the member would be suited as a result of retraining.
(4)In subregulation (3) “effect” includes acquire or take by assignment.
[Regulation 47 amended in Gazette 14 May 1996 p. 2037‑8.]
[48.Repealed in Gazette 31 Dec 1992 p. 6369.]
[49.Repealed in Gazette 14 May 1996 p. 2038.]
(1)A notice may be given by the Board to any member either personally or by sending it by post to the member at the last known address or to the normal place of work of that member.
(2)Any notice sent by post under subregulation (1) shall be deemed to have been served on the day following the day on which the envelope or wrapper containing that notice is posted and in proving such service it shall be sufficient to prove that the envelope or wrapper containing the notice was properly addressed and put in the post office.
[Regulation 50 amended in Gazette 14 May 1996 p. 2038.]
51.General meetings of members
Schedule 3 applies to and in relation to general meetings of members held under section 30 of the Act.
(1)The Board must give to each member, each employer and any other person the information which the SIS Act requires the Board to give to that person at the time it is required by that Act to be given.
(2)The annual report must be given to members as soon as practicable after the Board submits the annual report under section 66 of the Financial Administration and Audit Act 1985 and not later than 14 days before the ensuing annual general meeting of members.
[Regulation 52 inserted in Gazette 14 May 1996 p. 2038.]
53.Amendments to these regulations
(1)A regulation that amends these regulations in such a way as will increase the contributions payable by employers to the Fund to an amount in excess of 10% of the benchmark amount shall not be made unless the employers have given their consent to the amendment.
(2)A regulation that amends these regulations in such a way as will increase a benefit payable under these regulations shall not be made under the Act unless —
(a)the actuary has certified that the amendment will not or is not likely to result in an increase in the contributions payable by the employers to the Fund; or
(b)the employers have given their consent to the amendment.
(3)Without limiting the operation of subregulations (1) and (2), and subject to subregulation (4) and regulation 15(9), a regulation that amends these regulations shall not be made under the Act unless —
(a)the actuary has certified that the total value of the rights of members and their dependants accrued at the time the amendment takes effect will not be reduced by the amendment; or
(b)at least two‑thirds in number of the members for the time being have given their written consent to the amendment.
(4)Subregulation (3) does not apply to the making of a regulation that amends these regulations in order to ensure that these regulations conform with, or obtain the benefit of, a law of the State or Commonwealth governing, regulating or affecting the operation or maintenance of superannuation, pension or like funds.
(5)No amendment may reduce a benefit contrary to the SIS Act.
(6)No amendment may enable an individual to be appointed to replace the Board as trustee of the Fund unless, after the amendment, the Fund will comply with the SIS Act.
[Regulation 53 amended in Gazette 31 Dec 1992 p. 6369; 14 May 1996 p. 2038; 8 Sep 1998 p. 4911.]
[Schedule 1 repealed in Gazette 30 Apr 2002 p. 2189.]
[Schedules 2, 2A, 2B and 2C repealed in Gazette 14 May 1996 p. 2039.]
