Electricity Superannuation Restoration Act 1990 (QLD)

347 E LE CTR I CITY SU PERANNUATION RE ST ORA T ION No. 26 of 1990 ANALYSIS OF CONTENTS 1. Short Title 2. Commencement PART 1-PRELIMINARY PART 2-SUPERANNUATION RESTORATION 3. Interpretation 4. Application of Part 5. Entitlement 6. Payment 7. Recognition of entitlement 8. Survival of entitlement post mortem 9. Fund from which benefit payable 10. Evidence of amount of entitlement 11. Duty of the Board PART 3-AMENDMENT OF CITY OF BRISBANE ACT 12. Citation 13. Amendment of Section 25E SCHEDULE I SCHEDULE 2

348 ANNO TRICESIMO NONO E IZABETHAE SECUNDAE REGINAE No. 26 of 199 0 An Act to provide for an entitlement to superannuation benefits for certain former employees of The South East Queensland Electricity Board , and to amend the Cityof BrisbaneAct 1924- 1989 in a certain particular [ASSENTED TO 13TH J UNE, 1990]

Electricity Superannuation Restoration Act 1990, No. 26 349 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1-PRELIMINARY 1. Short Title . This Act may be cited as the Electricity Superannuation Restoration Act 1990. 2. Commencement . (1) Section 13 is to be taken as having commenced on 18 October 1988 and is to be given retrospective operation accordingly. (2) Except as prescribed by subsection (1), the provisions of this Act commence on the day this Act is assented to for and on behalf of Her Majesty. PART 2-SUPERANNUATION RESTORATION 3. Interpretation . In this Act, except if a contrary intention appears- "Board" means The Queensland Electricity Supply Industry Superannuation Board constituted under the Electricity Act1976-1989; "Commission" means the Queensland Electricity Commission continued in existence and constituted under the ElectricityAct 1976-1989,- "Department" means the department of government within which this Act is for the time being administered; "electricity supply industry" means the electricity supply industry defined by section 346 of the Electricity Act 1976-1989; "industrial action of 1985" means the industrial action engaged in by employees in the electricity supply industry in the State, which commenced on 7 February 1985 and was the reason for proclamation of a state of emergency; "Minister" includes a Minister of the Crown for the time being performing the duties of the Minister; "relevant superannuation scheme" means- (a) in respect of a person who, as an employee, contributed to The Queensland Electricity Supply Industry Employees' Superannuation Scheme maintained under the ElectricityAct 1976-1989 immediately before the industrial action of 1985, that superannuation scheme; (b) in respect of a person who, as an employee, contributed to the Brisbane City Council Superannuation Fund established by Deed dated 12 November 1951 and maintained pursuant to that Deed (as amended for the time being) immediately before the industrial action of 1985, the superannuation scheme administered, by the Trustees of that Fund;

350 Electricity Superannuation Restoration Act 1990, No. 26 and includes every fund maintained for the purposes of the relevant superannuation scheme to which such contributions were paid; "SEQEB " means the Electricity Board constituted under the ElectricityAct 1976- 1989 under the name The South East Queensland Electricity Board; "Trustees " means the trustees for the time being of the relevant superannuation scheme called Brisbane City Council Superannuation Fund. 4. Application of Part . (1) This Part is to be construed as conferring an entitlement to superannuation benefits only on a person- (a) who immediately before the industrial action of 1985 was an employee of SEQEB and a member of a relevant superannuation scheme; and (b) whose employment with SEQEB was terminated by dismissal because the person- ® voluntarily engaged; or • was thought to have voluntarily engaged; in the industrial action of 1985; and (c) who was paid from the relevant superannuation scheme the benefit due to an employee upon resignation, or dismissal by the employer; and (d) who, if the person is, or was, one to whom the ElectricitySupply Industry Employees' Superannuation Restoration Act1985 applies, did not exercise the option to be reinstated as a member of the relevant superannuation scheme. (2) A person on whom this Part is to be construed as conferring an entitlement to superannuation benefits is referred to in this Part as a person to whom this Part applies. 5. Entitlement . (1) A person to whom this Part applies has an entitlement- ® to a payment; or ® to a right to a payment in the future; in accordance with this Part. (2) Each such entitlement accrues on 1 July 1990.

Electricity Superannuation Restoration Act 1990, No. 26 351 (3) The initial entitlement of a person to whom this Part applies is to payment of (a) an amount, calculated in accordance with Schedule 1, to which the person becomes entitled in accordance with that schedule; less (b) the amount paid to, or on account of, the person by way of benefit from the relevant superannuation scheme upon termination of the person's employment as a consequence of the industrial action of 1985; increased at interest compounded annually at a rate of 9 per centum from the date of termination of the person's employment as a consequence of the industrial action of 1985 to 1 July 1990. 6. Payment . (1) In a case where- the claim by a person to whom this Part applies to an entitlement is duly certified under section 7; and the person is not employed in the electricity supply industry in the State at the time of such certification; then- (a) if the person has attained the age of 55 years, payment of the amount of entitlement is to be made forthwith to, or on account of, the person; (b) if the person has not attained the age of 55 years, the amount of entitlement- (i) is to be credited to an account on behalf of the person in a fund created within The Queensland Electricity Supply Industry Employees' Superannuation Scheme, and is to be taken as so credited on 1 July 1990; (ii) will earn, and the account referred to in paragraph (i) is to be credited with, interest at the earning rate applicable for the time being to a member's account in the Queensland Electricity Supply Industry Employer-funded Accumulations Superannuation Fund; (iii) is to be paid, together with the interest accumulated thereon- • if the person has not, subsequently to such certification, become employed in the electricity supply industry in the State, to, or on account of, the person upon attainment of the age of 55 years, or upon the person, before attainment of that age, suffering a disablement that in the Board's opinion is a total and permanent disablement, or dying; ® if the person has, subsequently to such certification, become employed in the electricity supply industry in the State, in accordance with subsection (3).

352 Electricity Superannuation Restoration Act 1990, No. 26 (2) In a case where- the claim by a person to whom this Part applies to an entitlement is duly certified under section 7; and ® the person is employed in the electricity supply industry in the State at the time of such certification; the amount of the entitlement- (a) is to be credited to an account on behalf of the person in a fund created within The Queensland Electricity Supply Industry Employees' Superannuation Scheme, and is to be taken as so credited on 1 July 1990; (b) will earn, and the account referred to in paragraph (a) is to be credited with, interest at the earning rate applicable for the time being to a member's account in the Queensland Electricity Supply Industry Employer-funded Accumulations Superannuation Fund; (c) is to be paid, together with the interest accumulated thereon, in accordance with subsection (3). (3) The amount of entitlement and interest accumulated thereon, which pursuant to subsection (1) or (2) is to be paid in accordance with this subsection becomes payable to, or on account of, the person whose entitlement it is- (a) if the person has attained the age of 55 years, forthwith upon retirement from employment in the electricity supply industry in the State; (b) if the person has not attained the age of 55 years, forthwith upon fulfilment of both the following conditions:- ® attainment of the age of 55 years; and • retirement from employment in the electricity supply industry in the State; (c) if the person, before such retirement, suffers a disablement that in the Board's opinion is a total and permanent disablement, or dies. 7. Recognition of entitlement . (1) A person who wants an entitlement conferred by this Part to be recognised- (a) is to complete the application form prescribed by Schedule 2 that is appropriate to the capacity in which the person applies; and (b) is to lodge the completed form with the secretary of the SEQEB. (2) If the secretary of the SEQEB is satisfied of- -9 the existence of the entitlement;

Electricity Superannuation Restoration Act 1990, No. 26 353 ® the identity of the applicant; ® the right (as prescribed) of the applicant to the entitlement, if the applicant is other than the person whose entitlement is applied for; the application must be dealt with as follows:- (a) in the case where the person to whom this Part applies was a member of the Brisbane City Council Superannuation Fund- (i) the secretary is to certify the application and send the certified application to the secretary to the Commission; and (ii) the secretary to the Commission is to forthwith- ascertain from the Trustees the amount of entitlement in accordance with the provisions of section 5; and ® send the certified application and notification of such amount to the secretary of the Board; (b) in any other case the secretary is to certify the application and send the certified application to the secretary of the Board. (3) If the secretary of the SEQEB is not satisfied of the relevant matters prescribed by subsection (2), the secretary is to refer the application, and all available relevant information, to the chief executive of the Department for determination of the claim to entitlement by the Minister. The Minister's decision- ® is final and binding on all persons concerned; and is not to be questioned in any court or tribunal. 8. Survival of entitlement post mortem . (1) The death before, on, or after 1 July 1990 of a person- ® who was a person to whom this Part applies; and ® whose entitlement conferred by this Part was not recognised or rejected, as prescribed, before death; does not vitiate any entitlement had by the person, and an application in relation to such entitlement may be made by- (a) any dependant of the person; or (b) if there be no dependant, the legal personal representative of the person.

354 Electricity Superannuation Restoration Act 1990, No. 26 (2) If at the time payment of an entitlement conferred by this Part is to be made, the person whose entitlement it is has died, the payment is to be made to, or on account of- (a) the dependants of the deceased person; or (b) if there be no dependant, the persons who appear to the Board to be entitled thereto in the distribution of the deceased person's estate, or, if the Board is in doubt as to those persons, the legal personal representative of the deceased person. (3) If in any case there is more than one dependant to whom, or on whose account, payment of an entitlement is to be made, the payment is to be made in such proportions as the Board determines. (4) In this section the expression "dependant" means- (a) a spouse or child of the person who had the entitlement conferred by this Part; (b) if there be no such spouse or child who is a dependant as prescribed by this subsection, any relative of such person; who, in any such case, is proved to the satisfaction of the Board to have been wholly or partly dependent on the earnings of such person. (5) For the purpose of giving effect to this Part in relation to a person to whom this Part applies who has died before 1 July 1990 it is to be taken that the person died on that date. 9. Fund from which benefit payable . (1) Subject to this section, moneys payable pursuant to this Part are to be paid from moneys standing to the credit of The Queensland Electricity Supply Industry Employees' Superannuation Scheme. (2) Moneys that are- • paid to, or on account of, or in respect of, a person to whom this Part applies; • credited to an account in a fund created in the scheme referred to in subsection (1) on behalf of a person to whom this Part applies; are to be reimbursed by the Commission to such scheme, if the person to whom this Part applies- (a) was a member of such scheme immediately before termination of the person's employment as a consequence of the industrial action of 1985; and (b) pursuant to Article 10 of the Articles that regulate such scheme, continued to contribute pursuant to the Trust Deed of the Southern Electric Authority of Queensland Superannuation Fund until such termination.

Electricity Superannuation Restoration Act 1990, No. 26 355 (3) Moneys that are- ® paid to, or on account of, or in respect of, a person to whom this Part applies; o credited to an account in a fund created in the scheme referred to in subsection (1) on behalf of a person to whom this Part applies; are to be reimbursed by the Commission to such scheme, if the person to whom this Part applies was a member of the Brisbane City Council Superannuation Fund immediately before termination of the person's employment as a consequence of the industrial action of 1985. (4) Moneys payable by the Commission under this section are to be paid from the Electricity Fund in the Treasury, which is hereby appropriated accordingly. 10. Evidence of amount of entitlement . A certificate purporting to be that of- the secretary to The Queensland Electricity Supply Industry Employees' Superannuation Scheme; or ® a trustee of the Brisbane City Council Superannuation Fund; as to the amount of entitlement of a person to whom this Part applies, or as to the rate of return to the scheme or fund, or to the Queensland Electricity Supply Industry Employer-funded Accumulations Superannuation Fund, in respect of any period is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 11. Duty of the Board . An entitlement conferred by this Part is to be taken as an entitlement provided for by the Articles that regulate The Queensland Electricity Supply Industry Employees' Superannuation Scheme and the duties of the Board in relation to that scheme extend to the payments as prescribed of such an entitlement. PART 3-AMENDMENT OF CITY OF BRISBANE ACT 12. Citation . (1) In this Part the City of Brisbane Act 1924-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the City of Brisbane Act 1924-1990. 13. Amendment of Section 25E. Section 25E of the Principal Act is amended by adding at the end thereof the following subsection:- "(4) For the purpose of a person's entitlement to be a member of the scheme established and maintained by the Council and

356 Electricity Superannuation Restoration Act 1990, No. 26 known as the "Brisbane City Council Occupational Superannuation Plan", a person who- (a) is a former employee of the Council; and (b) is a member of the "Brisbane City Council Superannuation Fund"; is taken to be an employee of the Council for as long as the person remains a member of the "Brisbane City Council Superannuation Fund".".

Electricity Superannuation Restoration Act 1990, No. 26 357 SCHEDULE 1 [s. 5] CALCULATION OF ENTITLEMENTS 1. Article 10 SEAQ contributors. The entitlement of a person- (a) who was a member of The Queensland Electricity Supply Industry Employees' Superannuation Scheme; and (b) who, pursuant to Article 10 of the Articles that regulate the scheme, continued to contribute pursuant to the Trust Deed of the Southern Electric Authority of Queensland Superannuation Fund until termination of the person's employment as a consequence of the industrial action of 1985; is an amount equal to the full balance of the person's account in that Fund (being the person's entitlements related to both employer and employee contributions together with the earnings thereon) as at such termination. 2. Article 18 SEAQ, NEAQ, REB contributors . The entitlement of a person- (a) who was a member of The Queensland Electricity Supply Industry Employees' Superannuation Scheme; and (b) who, pursuant to Article 18 of the Articles that regulate the scheme continued to contribute pursuant to- (i) the Trust Deed of the Southern Electric Authority of Queensland Superannuation Fund-Defined Benefit Plan; or (ii) the Trust Deed of one of them- ® Cairns Regional Electricity Board Superannuation Fund; ® Capricornia Regional Electricity Board Superannuation Fund; ® Mackay Regional Electricity Board Superannuation Fund;

358 Electricity Superannuation Restoration Act 1990, No. 26 ® Townsville Regional Electricity Board Superannuation Fund; ® Wide Bay-Burnett Regional Electricity Board Superannuation Fund; ® Northern Electric Authority of Queensland Superannuation Fund; until termination of the person's employment as a consequence of the industrial action of 1985; is an amount equal to that expressed at (A) or (B) following, whichever is greater:- (A) 2.5 times the person's total contributions to the Fund, as at the termination of the person's employment as a consequence of the industrial action 1985, together with compound interest at the rate of 4 per centum per annum; (B) MP xMBMXFASXF MTR where- "MP" is the person's Membership Period to such termination; "MTR" is the person's Membership Period to the date on which the person would attain the age of 65 years; "MBM" is the person's Member's Benefit Multiple assuming the person had continued as a member of the scheme to age 65 being- (i) in the case of any Article 18 SEAQ contributor, 15 per centum per annum x years and completed months of membership, not exceeding 700 per centum; (ii) in the case of any Article 18 NEAQ, REB contributor- ( if the contributor was contributing 5.25 per centum, or more, of salary-15 per centum per annum x years and completed months of membership; ® if the contributor was contributing 3.5 per centum of salary- 10 per centum per annum x years and completed months of membership; not exceeding in any such case 700 per centum; "FAS" is the person's Final Average Salary, being the person's average salary during the period of 20 months immediately preceding such termination of the person's employment;

Electricity Superannuation Restoration Act 1990, No. 26 359 "F' is the factor shown in the following Table as appropriate to the person's age at such termination of the person's empioyment-interpolating between the factors for whole ages, shown in the Table, where applicable, so as to take account of additional complete months of age of the person at such termination:- Age of Member Factor F Age of Member Factor F Years 40 or less 41 42 43 44 45 46 47 48 49 50 Years 0.60 0.62 51 0.82 0.64 52 0.84 0.66 53 0.86 0.68 54 0.88 0.70 55 0.90 0.72 56 0.92 0.74 57 0.94 0.76 58 0.96 0.78 59 0.98 0.80 60 OR OVER 1.00 3. Article 11 contributors . The entitlement of a person who was a member of the Queensland Electricity Supply Industry Employees' Superannuation Scheme pursuant to Article 11 of the Articles that regulate the scheme is an amount expressed at (A) or (B) following, whichever is greater:- (A) 2.5 times the person's total contributions to the scheme, as at the termination of the person's employment as a consequence of the industrial action of 1985, together with compound interest at the rate of 5 per centum per annum; (B) MP xMBMxFASxF MTR where- "MP" is the person's Membership Period to such termination; "MTR" is the person's Membership Period to the date on which the person would attain the age of 60 years; "MBM" is the person's Member's Benefit Multiple (as defined in Article 11 (2) of the Articles that regulate the scheme), assuming the person had continued as such member of the scheme to age 60; "FAS" is the person's Final Average Salary, being the person's average salary during the period of 20 months immediately preceding such termination of the person's employment; "F' is the factor shown in the Table prescribed in clause 2 as appropriate to the person 's age at such termination of the

360 Electricity Superannuation Restoration Act 1990, No. 26 person's employment disregarding any reference to age over 60, and interpolating between the factors for whole ages, shown in the Table, where applicable, so as to take account of additional complete months of age of the person at such termination. 4. Additional entitlement of Article 18 SEAQ and Article 11 contributors . A person referred to in- e paragraph (a) and (b) (i) of clause 2; or ® clause 3; who, at the termination of employment referred to in those clauses, had a residual amount from the Southern Electric Authority of Queensland Superannuation Fund to the person's credit in the Staff Retiring Provident Account-SEAQ Accumulation Fund Account is entitled, in addition to any other entitlement under this schedule, to an amount equal to the full balance of the person's account in the SEAQ Accumulation Fund Account (being the person's entitlements related to both employer and employee contributions together with the earnings thereon) as at such termination. 5. B.C.C. Superannuation Fund contributors . The entitlement of a person who was a member of the Brisbane City Council Superannuation Fund is an amount equal to the person's equitable share in the Fund as at termination of the person's employment as a consequence of the industrial action of 1985, as calculated by the fund's actuary.

Electricity Superannuation Restoration Act 1990, No. 26 361 (s. 7) SCHEDULE 2 FORM 1 CLAIM FOR RECOGNITION OF AN ENTITLEMENT PURSUANT TO THE ELECTRICITY SUPERANNUATION RESTORATION ACT 1990 To: The Secretary The South East Queensland Electricity Board BRISBANE QLD A. Applicant's Claim I hereby claim that I am a person who is entitled to a benefit pursuant to the provisions of the Electricity Superannuation Restoration Act 1990 and do now make application for recognition of such entitlement. In support of my application I submit the following information: My full name: My date of birth: My current address: My address at the time my employment with SEQEB was terminated: Position in which I was employed by SEQEB immediately prior to the termination of my employment: Location at which I was employed- I am/I am not* presently employed in the electricity supply industry in Queensland: If so employed, show Electricity Board (or QEC) position and location: * Strike out whichever is not applicable. B. Payment Instructions (persons of or over age 55 only) Should this claim result in a benefit being due and payable to me forthwith, I request that such payment be made in the following manner (indicate by a tick ( ) in appropriate box): by cheque forwarded to my current address as recorded in Section A of this form; by direct deposit to the following bank/building society account- Bank/Building Society Name: .................................................................................... Branch Name: ....................................................... Branch Number:.......................... Account Name: ............................................................................................................ other (give details): ..................................................................................................... C. Declaration of Applicant I hereby declare that the information stated above is a true statement.

362 Electricity Superannuation Restoration Act 1990, No. 26 Date / / Signature of Applicant D. Declaration of Identity (The declarant must be- (i) an employee of The South East Queensland Electricity Board; (ii) a full-time officer of the Electrical Trades Union; or (iii) if the applicant is resident outside the Area of The South East Queensland Electricity Board and is unable to have the form completed by one of the persons shown in (i) or ( ii) above, a person acceptable to the Secretary of that Board.) I hereby declare that the applicant . .................................................................................. (insert applicant ' s name) in whose presence I make this declaration , is known to me and that I can attest to the applicant ' s identity and to the other information the applicant has given in Section A of this form. Date / / Signature Particulars and Qualification of Person Attesting to the Identity of Applicant Full Name: Address: Qualification: (i) If employee of SEQEB- - Position held: - Location: (ii) If full time officer of ETU- - Position held: - Location: (iii) Other- - Occupation: - Employers: - On what basis do you certify to the identity of applicant: E. Certification of Secretary of SEQEB. I hereby certify that the applicant has an entitlement pursuant to the provisions of the Electricity Superannuation Restoration Act 1990 and that , immediately prior to the termination of the applicant ' s services consequent upon the industrial action of 1985, the applicant was a contributor to (indicate by a tick ( ) in appropriate box): ( ) The Queensland Electricity Supply Industry Employees ' Superannuation Scheme; or the Brisbane City Council Superannuation Fund. Date / / Signed .................... ............................... Secretary The South East Queensland Electricity Board

Electricity Superannuation Restoration Act 1990, No. 26 363 FORM 2 CLAIM FOR RECOGNITION OF AN ENTITLEMENT PURSUANT TO THE ELECTRICITY SUPERANNUATION RESTORATION ACT 1990 AS A DEPENDANT OR THE PERSONAL REPRESENTATIVE OF A DECEASED PERSON To: The Secretary The South East Queensland Electricity Board BRISBANE QLD A. Application for Recognition I hereby claim that I was dependent upon the earnings/ I am the personal representative * of ................................................................................ (insert name) (now deceased ) who is entitled to a benefit pursuant to the provisions of the Electricity Superannuation Restoration Act 1990 and I do now make application for recognition of such entitlement . In support of my application I submit the following information: (* Strike out whichever is not applicable) Particulars of Applicant Full name: Address: If a dependant , relationship to the deceased: Particulars of Deceased Person Full name: Date of birth: Address at the time deceased's employment with SEQEB was terminated: Position in which deceased was employed by SEQEB immediately prior to the termination of employment: Location at which deceased was employed: I enclose a certified copy (obtained from the Registrar General or a District Registrar) of the Death Certificate of the former employee. B. Declaration of Applicant I hereby declare that the information stated above is a true statement. Date / / Signature of Applicant C. Certification of Secretary of SEQEB I hereby certify that .......................................................................................... ( deceased) (insert name) has an entitlement pursuant to the provisions of the Electricity Superannuation Restoration Act 1990 and that, immediately prior to the termination of services

364 Electricity Superannuation Restoration Act 1990, No. 26 consequent upon the industrial action of 1985, deceased was a contributor to (indicate by a tick ( ) in appropriate box): ( ) The Queensland Electricity Supply Industry Employees' Superannuation Scheme; or ( ) the Brisbane City Council Superannuation Fund. Date Signed .......... ......................................... Secretary The South East Queensland Electricity Board Note Before any payment is made pursuant to this certificate, the applicant will be required to provide such further information as may be required by The Queensland Electricity Supply Industry Superannuation Board, to establish dependancy or as the case may be applicant's entitlement to payment as personal representative of the deceased former employee.