Electricity Supply Industry Employees' Superannuation Restoration Act 1985 (Qld)

1123 -0 7-f AI-Xq^77T ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 74 of 1985 An Act to provide with respect to the superannuation entitlements of certain persons employed in the electricity supply industry of Queensland [ASSENTED TO 23RD OCTOBER, 1985]

1 124 Electricity Supply Industry Employees' Superannuation Restoration Act 1985, No. 74 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:- I. Short title. This Act may be cited as the Electricity Supply Industry Employees' Superannuation Restoration Act 1985. 2. Interpretation . In this Act, except where a contrary intention appears- "Board" means The Queensland Electricity Supply Industry Superannuation Board constituted under the Electricity Act1976-1984; "industrial action of 1985" means the industrial action engaged in by employees in the electricity supply industry within Queensland, which commenced on 7 February 1985 and by reason whereof a state of emergency was proclaimed; "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 1976-1984 immediately before the industrial action of 1985, that superannuation scheme; and (b) in respect of a person who as an employee contributed to Brisbane City Council Superannuation Fund established by a deed dated 12 November 1951 and maintained pursuant to that deed (as amended from time to time) immediately before the industrial action of 1985, the superannuation scheme administered by the Trustees of that Fund, and includes every fund maintained for the purposes of the relevant superannuation scheme to which fund contributions are paid; "SEQEB" means the Electricity Board constituted under the Electricity Act 1976-1984 under the name The South East Queensland Electricity Board; "Trustees" means the persons who are the trustees from time to time of the relevant superannuation scheme called Brisbane City Council Superannuation Fund. 3. Application of Act. (1) The provisions of this Act, in their application to an employee, apply only to a person- (a) who immediately before the industrial action of 1985 was an employee of SEQEB and a contributor to a relevant superannuation scheme; and (b) whose employment by SEQEB was terminated by his dismissal by reason that he had voluntarily engaged, or was

Electricity Supply Industry Employees' Superannuation 1 125 Restoration Act 1985, No. 74 thought to have voluntarily engaged in the industrial action of 1985; and (c) whose dismissal has been cancelled or who has been re- employed by SEQEB, whether before or after the passing of this Act. (2) A person to whom the application of this Act is limited by subsection ( 1) is in this Act referred to as an employee. 4. Options for employees . (1) An employee who has not had made payment of the benefits under the relevant superannuation scheme to which he became entitled by reason of termination of his employment by SEQEB may elect in writing within six months after the passing of this Act- (a) to be re-instated as a contributor to the relevant superannuation scheme in accordance with section 5; or (b) to be re-instated as a contributor to the relevant superannuation scheme in accordance with section 6. (2) An employee who has had made payment of the benefits under the relevant superannuation scheme to which he became entitled by reason of termination of his employment by SEQEB may elect in writing within six months after the passing of the Act- (a) to be re-instated as a contributor to the relevant superannuation scheme in accordance with section 7; or (b) to become a contributor to The Queensland Electricity Supply Industry Employees' Superannuation Scheme in accordance with section 9. 5. Re-instatement upon paying arrears. An employee who has exercised his option to be re-instated in accordance with this section- (a) shall, within six months after the passing of this Act- (i) pay to the relevant superannuation scheme all arrears of contribution that would have been paid to the scheme by him as employee and by SEQEB as employer up to the time when he is re-instated as a contributor to the scheme if his employment by SEQEB had not been terminated and that have not been paid; and (ii) pay to the relevant superannuation scheme interest in an amount assessed by the Board or, as the case may require, the Trustees at the prescribed rate on the arrears of contributions required to be so paid for the period during

1 126 I:lcciriritr .Su/iplr Imhoiri I:nr/^lurc '.% Rctorulion .1w /9/5 S'O. 74 nlluunrm which the scheme has not had the use of money constituting those contributions. and (b) subject to payment being made as required by paragraph (a). is entitled to be re-instated as a contributor to the relevant superannuation scheme and to the benefits from the relevant superannuation scheme in accordance with the provisions of the scheme as if his employment by SEQEB had not been interrupted in the manner referred to in section 3. 6. Re-instatement with reduction of benefits . An employee who has exercised his option to be re-instated in accordance with this section- (a) is entitled to be re-instated as a contributor to the relevant superannuation scheme as if his employment by SEQEB had not been interrupted in the manner referred to in section 3; and (b) shall be entitled to the benefits from the relevant superannuation scheme in accordance with the provisions of the scheme as if his employment by SEQEB had not been interrupted in the manner referred to in section 3 except that the value of those benefits shall be reduced by the value of the sum that but for this provision would be payable as benefit under the scheme and that is attributable to the period in respect of which contribution has not been paid to the scheme in respect of the employee. 7. Re-instatement upon refunding benefit paid . (1) An employee who has exercised his option to be re-instated in accordance with this section- (a) shall, within six months after the passing of this Act- (i) refund to the relevant superannuation scheme the value of the benefit that has been paid from the scheme on his account; and (ii) pay to the relevant superannuation scheme interest in an amount assessed by the Board or, as the case may require, the Trustees at the prescribed rate on the value required to be so refunded for the period commencing on the day next following the day on which the cheque in payment of the benefit was drawn and terminating on the day on which the refund is received by the scheme; and (b) shall, within six months after the passing of this Act- (i) pay to the relevant superannuation scheme all arrears of contribution that would have been paid to the scheme by him as employee and by SEQEB as employer up to

Electricity Supply Industry Employees' Superannuation 1 127 Restoration Act 1985, No. 74 the time when he is re-instated as a contributor to the scheme if his employment by SEQEB had not been terminated and that have not been paid; and (ii) pay to the relevant superannuation scheme interest in an amount assessed by the Board or, as the case may require, the Trustees at the prescribed rate on the arrears of contributions required to be so paid for the period during which the scheme has not had the use of money constituting the contributions; and (c) subject to payment being made as required by paragraphs (a) and (b), is entitled to be re-instated as a contributor to the relevant superannuation scheme and shall be entitled to the benefits from the relevant superannuation scheme in accordance with the provisions of the scheme as if his employment by SEQEB had not been interrupted in the manner referred to in section 3. (2) Where payment to a relevant superannuation scheme required to be made under paragraph (a) of subsection (1) is made by a cheque that is duly honoured on presentation it shall be deemed that the scheme received the payment when the cheque was received at the head office in Brisbane of SEQEB or at the office where the scheme is administered, whichever is the earlier. 8. Prescribed rate of interest . In sections 5 and 7 the expression "the prescribed rate" means a rate per centum approved by the Governor in Council on the recommendation of the Board or, as the case may require, the Trustees. 9. Admission as a new contributor . (1) An employee who has exercised his option to become a contributor to The Queensland Electricity Supply Industry Employees' Superannuation Scheme in accordance with this section is entitled to be admitted as a new contributor to that scheme. (2) For the purpose of establishing- the eligibility to contribute to the scheme; the obligation to become a contributor to the scheme; or the benefits from the scheme, of an employee referred to in subsection (1) whose dismissal from employment by SEQEB was subsequently cancelled the employee shall be taken to be an employee within the provisions of the scheme on and from the date on which he recommenced duty in the employment of SEQEB following cancellation of his dismissal. 10. Evidence of re-instatement or admission as contributor . The re- instatement or admission of an employee as a contributor to a

H28 Electricity Supply Industry Employees ' Superannuation Restoration Act 1985, No. 74 superannuation scheme pursuant to this Act shall be effected and evidenced by a decision of the Board or, as the case may require, the Trustees. 11. Effect of re-instatement or admission on existing arrangements. (1) Where an employee is re-instated to the relevant superannuation scheme pursuant to this Act, the contract (express or implied) regulating his participation in that scheme before his dismissal from employment by SEQEB shall be deemed not to have been discharged by reason of the dismissal or the payment of benefit to him under that scheme. (2) Where before an employee's re-instatement to the relevant superannuation scheme pursuant to this Act- (a) the employee has made a contract (express or implied) with the Board to participate in The Queensland Electricity Supply Industry Employee's Superannuation Scheme; or (b) payments have been made to a superannuation scheme referred to in this Act by or on account of the employee, then upon his re-instatement- (c) in the case referred to in paragraph (a), the contract shall be taken to be thereby discharged; and (d) in the case referred to in paragraph (b), the payments so made shall be deemed to be contributions made by or on account of the employee to the relevant scheme pursuant to the contract (express or implied) regulating his participation in the relevant scheme before his dismissal from employment by SEQEB. (3) Where payments referred to in subsection (2) have been made to a superannuation scheme referred to in this Act other than the scheme to which an employee is re-instated pursuant to this Act the amount of those payments together with an amount by way of interest properly attributable to those payments earned by the scheme to which the payments were made shall be paid to the Board or the Trustees administering the scheme to which the employee is re-instated and may be recovered by the Board or, as the case may be, the Trustees from the administrator of the scheme to which the payments have been made by action in a court of competent jurisdiction as a debt due and owing to it or them and unpaid. 12. Employee not responsible for employer ' s contribution for period worked. Where in respect of any period for which an employee has been in actual employment by SEQEB the employee- (a) is required by any other provision of this Act to pay arrears of contribution to a superannuation scheme; or (b) is deemed pursuant to section 11 to have paid contributions to a superannuation scheme,

Electricity Supply Industry Employees' Superannuation 1 129 Restoration Act 1985, No. 74 the employer's contributions on account of the employee in respect of that period shall be payable by SEQEB and if the employee has paid the employer's contributions in respect of that period he may recover the amount thereof from SEQEB by action in a court of competent jurisdiction as a debt due and owing to him and unpaid. 13. Authority of SEQEB to make payments . With the approval of the Governor in Council first had and obtained SEQEB is authorized to make payment of- (a) such amounts as are prescribed to be payable by it; and (b) such amounts as are accepted by it as its responsibility under this Act, together with the amount of any interest payable on such amounts. 14. Authority of Board or Trustees to discharge superannuation contracts . (1) The Board is and the Trustees are authorized to discharge a contract (express or implied) that secures to any person benefits payable under a superannuation scheme administered by the Board or Trustees by payment to or on account of that person of the benefits payable under the scheme upon the dismissal of that person from employment by SEQEB, where he has been so dismissed by reason that he had voluntarily engaged, or was thought to have voluntarily engaged, in the industrial action of 1985 and his dismissal has not been cancelled or he has not been re-employed by SEQEB, notwithstanding that he has refused or failed to make a claim for those benefits. (2) For the purpose of completing any form or other document in connexion with the payment of benefits referred to in subsection (1) required as a condition precedent to the payment thereof, the Board or, as the case may require, the Trustees shall be deemed to be the duly constituted attorney of the person to whom or on whose account payment thereof is to be made empowered to do all things necessary or expedient to securing to him or on his account payment of those benefits.