Local Government Employees' Superannuation (Amendment of Articles) Order (No. 1) 1992 (Qld)
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Queensland Subordinate Legislation 1992 No. 199 Local Government Superannuation Act 1985 LOCAL GOVERNMENT EMPLOYEES’ SUPERANNUATION (AMENDMENT OF ARTICLES) ORDER (No. 1) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Approval of amendments of The Articles of the Local Government Employees’ Superannuation Scheme . . . . . . . . . . . . . . . . . . . . 3 4 Omission of article 2 (Parts of the Articles) . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of article 3 (Scope and Application of Articles) . . . . . . . . . . . 3 6 Amendment of article 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Insertion of new articles 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4A Meaning of “member’s superannuation scheme accumulation” . . . 6 4B Meaning of “superannuation scheme multiple” . . . . . . . . . . . . . . . . 7 8 Amendment of article 6 (Termination of Membership) . . . . . . . . . . . . . . . . 9 9 Amendment of article 7 (Contributions and Member Accounts) . . . . . . . . . 10 10 Amendment of article 8 (Benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Amendment of article 9 (Reductions in Benefit Calculations) . . . . . . . . . . 21 12 Amendment of article 10 (General Conditions for Payment of Benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13 Omission of article 19 (Service of Notices) . . . . . . . . . . . . . . . . . . . . . . . . . 23 14 Amendment of article 20 (Statutory Schemes) . . . . . . . . . . . . . . . . . . . . . . . 23 15 Insertion of new articles 21, 22 and 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 21 Non-statutory schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 7—VOLUNTARY INSURANCE 22 Voluntary insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 8—VOLUNTARY PRESERVATION 23 Voluntary preservation of benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 16 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SCHEDULE 1 MINOR AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 ˙ Short title 1. This order in council may be cited as the Local Government Employees’ Superannuation (Amendment of Articles) Order (No. 1) 1992 . ˙ Commencement 2. This order in council commences on 1 July 1992. ˙ Approval of amendments of The Articles of the Local Government Employees’ Superannuation Scheme 3. The amendments of The Articles of the Local Government Employees’ Superannuation Scheme set out in this order are approved. 1 ˙ Omission of article 2 (Parts of the Articles) 4. Article 2— omit. ˙ Amendment of article 3 (Scope and Application of Articles) 5.(1) Article 3— omit ‘ 1 July, 1989 ’, insert ‘ 1 July 1992 ’. (2) Articles 3(1) and (2)— omit ‘ 30 June, 1989 ’ (wherever occurring) , insert ‘ 30 June 1992 ’. ˙ Amendment of article 4 (Interpretation) 6.(1) Article 4(1)— omit ‘ unless the contrary intention appears ’. (2) Article 4(1) (definitions “Act”, “Compound Interest”, “Employer 1 The Articles were initially published in the Gazette dated 1 July 1989 at pages 1922–1933.
4 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (Award) Contributions”, “Financial Year”, “Fund”, “Member’s Superannuation Scheme Accumulation”, “Permanent Employee”, “Scheme”, “Superannuation Scheme Multiple”, “Total and Temporary Disablement” and “Voluntary Contribution Account” )— omit. (3) Article 4(1)— insert— ‘ “age discount factor” means the factor applicable to a person at the cessation date, calculated by— (a) selecting from the member’s age discount table shown in Table 4(1) the factor set opposite the member’s age in full years at the cessation date; and (b) adjusting the factor to include the fraction of a full year of the member’s age that has passed between the member’s last birthday and the cessation date; “amended article 8(5)” means article 8(5) as in force immediately before the commencement of the amending order; “amending order” means the Local Government Employees’ Superannuation (Amendment of Articles) Order (No. 1) 1992 ; “cessation date” means the date on which a person ceases to be a member; “compound interest” means interest calculated under article 10(12); “employer (award) contributions” means the component of contributions payable to the Scheme by an employer until 30 June 1992 under these articles that is not required to be paid to the Scheme by the employer under section 36 of the Act; “Member’s (Non-Permanent) Minimum Vested Employer Contributions Account” , in relation to a non-permanent employee, means the account to which minimum vested employer contributions are credited under article 7 from 1 July 1992;
5 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 “Member’s (Permanent) Minimum Vested Employer Contributions Account” , in relation to a permanent employee, means the account to which minimum vested employer contributions are credited under article 7 from 1 July 1992; “member’s superannuation scheme accumulation” has the meaning given by article 4A; “minimum vested employer contributions” , in relation to a member, means the component of contributions payable to the Scheme by the member’s employer from 1 July 1992 that must be vested in, and preserved for, the benefit of the member; “Preserved Beneficiary Account” of a member means the account kept for the purpose of receiving any amount payable under article 8(6) that is required by any relevant law, award or order of a competent body or tribunal, to be vested in, and preserved for, the member rather than being payable to the member on resignation or dismissal; “repealed section 39(2)” means section 39(2) of the Act as in force immediately before the commencement of section 12 of the LocalGovernment Superannuation Amendment Act 1992 ; “superannuation scheme multiple” has the meaning given by article 4B; “total and temporary disablement” , in relation to a member, means disablement, not being failure of health or total permanent disablement, such that— (a) the member’s physical or mental disability, bodily injury, disease or infirmity is of such degree that, in the opinion of the Board, after consideration of evidence satisfactory to it, the member is unable for the time being to perform duties for the member’s employer; and (b) because of the disablement, the member is not receiving any salary and is regarded by the employer as being on leave of absence;
6 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 “Voluntary Contributions Account” means the account kept under article 7(12) to which— (a) amounts mentioned in that article and in articles 21(2)(b) and 22(4) are credited; and (b) amounts mentioned in article 22(2) are debited; “Voluntary Preserved Beneficiary Account” means the account to which is credited a voluntary preserved benefit under article 23(2). ’. (4) Article 4(1) (definition “final average salary” ) (3rd sentence)— omit ‘ the amount derived by ’, insert ‘ 1.5 times ’. (5) Article 4(1) (definition “superannuation scheme membership” )— omit ‘ Article 8(9) ’, insert ‘ Article 8(8) ’. (6) Article 4(1) (definition “superannuation scheme membership” )— omit ‘ Employer (Award) Contributions ’, insert— ‘ either or both of the following— (a) employer (award) contributions; (b) minimum vested employer contributions ’. ˙ Insertion of new articles 4A and 4B 7. After article 4— insert — ˙ ‘Meaning of “member’s superannuation scheme accumulation” ‘4A.(1) “Member’s superannuation scheme accumulation” is, on any day, the sum of— (a) twice the amount of member contributions paid to the Scheme during the member’s superannuation scheme membership to 30 June 1988 with compound interest at the declared rate; and
7 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (b) the sum of— (i) twice the amount of member contributions paid to the Scheme during the member’s superannuation scheme membership from 1 July 1988 less any tax that would have been paid by the Board on the member contributions had they been contributed to the Scheme by the employer from 1 July 1988; and (ii) 5% of the total of the member’s salary during the member’s superannuation scheme membership from 1 July 1992 less any tax that would have been paid by the Board on that 5% had it been contributed to the Scheme by the employer from 1 July 1992; and with compound interest at the declared rate; and (c) the amount standing to the credit of the Member’s (Permanent) Award Contributions Account with compound interest at the declared rate. ‘(2) The sum of the amounts mentioned in subarticle(1)(b)(i) and (ii) must be calculated without regard to any taxation credits, rebates or other concessions that may reduce the tax actually paid by the Board below that assessed on contributions. ˙ ‘Meaning of “superannuation scheme multiple” ‘4B.(1) “Superannuation scheme multiple” , in relation to a member who— (a) was not a member of the prior scheme; or (b) was a member of the prior scheme but did not make an election repealed section 39(2); is, on any day— (c) 16% for each complete year of the member’s superannuation scheme membership after the commencement date until 30 June 1989; and
8 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (d) 18% for each complete year of the member’s superannuation scheme membership after 30 June 1989 before the member turns 65 years; and (e) pro rata for each additional complete day. ‘(2) “Superannuation scheme multiple” , in relation to a member who— (a) was a member of the prior scheme; and (b) made an election under repealed section 39(2); and (c) did not make a further election under section 38B of the Act; is, on any day— (d) 13.75% for each complete year of the member’s superannuation scheme membership after the commencement date until 30 June 1989; and (e) 15.75% for each complete year of the member’s superannuation scheme membership after 30 June 1989 before the member turns 65 years; and (f) pro rata for each additional complete day. ‘(3) “Superannuation scheme multiple” , in relation to a member who— (a) was a member of the prior scheme; and (b) made an election under repealed section 39(2); and (c) has made a further election under section 38B of the Act; is, on any day— (d) 13.75% for each complete year of the member’s superannuation scheme membership after the commencement date until 30 June 1989; and (e) 15.75% for each complete year of the member’s superannuation scheme membership after 30 June 1989 until 30 June 1992; and
9 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (f) 18% for each complete year of the member’s superannuation scheme membership after 30 June 1992 before the member turns 65 years; and (g) pro rata for each additional complete day. ’. ˙ Amendment of article 6 (Termination of Membership) 8.(1) Article 6(1)(b)— omit ‘ Article 8(6) ’, insert ‘ article 8(5) ’. (2) Article 6(2)(a)— omit ‘ Articles 8(1), 8(2), or 8(3) ’, insert ‘ article 8(1) or (2) ’. (3) Article 6(2)(b)— omit ‘ Articles 8(4) or 8(5) ’, insert ‘ article 8(3) or (4) ’. (4) Article 6(2)(c)— omit ‘ Article 8(7) ’, insert ‘ article 8(6) ’. (5) Article 6(2)(d)— omit ‘ Article 8(8) ’, insert ‘ article 8(7) ’. (6) Article 6(3)— omit ‘ Article 8(7) ’, insert ‘ article 8(6) ’. (7) Article 6(4)— omit ‘ Article 8(7) ’, insert ‘ article 8(6) ’. (8) Article 6(4)— omit ‘ Article 8(10) ’, insert ‘ article 8(9) ’. (9) Article 6(4)(b)— omit ‘ Article 8(10) ’, insert ‘ article 8(9) ’.
10 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 ˙ Amendment of article 7 (Contributions and Member Accounts) 9.(1) Article 7(2), (3) and (4)— omit, insert— ‘Amount and period of contributions ‘(2) The amount of contributions to be paid to the Board in relation to members who— (a) are permanent employees (but not continuing employees); and (b) did not make an election under repealed section 39(2); are the following percentages of each of the member’s total salary— (c) for the 3 years starting on 1 January 1986—12%; (d) for the year starting on 1 January 1989—13%; (e) for the year starting on 1 January 1990—14%; (f) for the year starting on 1 January 1991—15%; (g) for the year starting on 1 July 1992—15.25%; (h) for the year starting on 1 July 1993—15.5%; (i) for the year starting on 1 July 1994—15.75%; (j) for the year starting on 1 July 1995—16%; (k) for the year starting on 1 July 1996—16.25%; (l) from 1 July 1997—16.5%. ‘(2A) The amount of contributions to be paid to the Board in relation to members who— (a) are permanent employees; and (b) made an election under repealed section 39(2); and (c) did not made a further election under section 38B of the Act;
11 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 are the following percentages of each of the member’s total salary— (d) for the 3 years starting on 1 January 1986—10%; (e) for the year starting on 1 January 1989—11%; (f) for the year starting on 1 January 1990—12%; (g) for the year starting on 1 January 1991—13%; (h) for the year starting on 1 July 1992—13.25%; (i) for the year starting on 1 July 1993—13.5%; (j) for the year starting on 1 July 1994—13.75%; (k) for the year starting on 1 July 1995—14%; (l) for the year starting on 1 July 1996—14.25%; (m) from 1 July 1997—14.5%. ‘(2B) The amount of contributions to be paid to the Board in relation to members who— (a) are permanent employees; and (b) made an election under repealed section 39(2); and (c) have made a further election under section 38B of the Act; are the following percentages of each of the member’s total salary— (d) for the 3 years starting on 1 January 1986—10%; (e) for the year starting on 1 January 1989—11%; (f) for the year starting on 1 January 1990—12%; (g) for the year starting on 1 January 1991—13%; (h) for the year starting on 1 July 1992—15.25%; (i) for the year starting on 1 July 1993—15.5%; (j) for the year starting on 1 July 1994—15.75%; (k) for the year starting on 1 July 1995—16%; (l) for the year starting on 1 July 1996—16.25%; (m) from 1 July 1997—16.5%.
12 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 ‘(2C) The amount of contributions to be paid to the Board in relation to members who are non-permanent employees or continuing employees is the amount payable under section 43A of the Act. ‘Amounts to be credited to member accounts ‘(3) The amounts to be vested in, and preserved for, each member who is a permanent employee (but not a continuing employee), and the accounts to which those amounts are to be credited are as follows— (a) to each Member’s (Permanent) Award Contributions Account— (i) for the year starting on 1 January 1989—1%; and (ii) for the year starting on 1 January 1990—2%; and (iii) from 1 January 1991 until 30 June 1992—3%; (b) to each Member’s (Permanent) Minimum Vested Employer Contributions Account from 1 July 1992—3%; (c) to be credited to each Member’s Contribution Account— (i) if the permanent employee made an election under repealed section 39(2)—5% from 1 January 1986; or (ii) if the permanent employee made an election under repealed section 39(2) and has made a further election under section 38B of the Act— (A) from 1 January 1986 until 30 June 1992—5%; and (B) from 1 July 1992—6%; or (iii) if subparagraphs (i) and (ii) do not apply—6% from 1 January 1986. ‘(3A) The amounts to be vested in, and preserved for, each member who is a non-permanent employee, and the accounts to which those amounts are to be credited are as follows—
13 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (a) to each Member’s (Non-Permanent) Award Contributions Account— (i) for the year starting on 1 January 1989—1%; and (ii) for the year starting on 1 January 1990—2%; and (iii) from 1 January 1991 until 30 June 1992—3%; (b) to each Member’s (Non-Permanent) Minimum Vested Employer Contributions Account—the amount payable from 1 July 1992 under section 43A of the Act. ‘(3B) The amounts to be vested in, and preserved for, each member who is a continuing employee, and the accounts to which those amounts are to be credited are as follows— (a) to each Member’s (Permanent) Award Contributions Account— (i) for the year starting on 1 January 1989—1%; and (ii) for the year starting on 1 January 1990—2%; and (iii) from 1 January 1991 until 30 June 1992—3%; (b) to each Member’s (Permanent) Minimum Vested Employer Contributions Account—the amount payable from 1 July 1992 under section 43A of the Act. ‘(4) The Board must debit to each— (a) Member’s (Non-Permanent) Award Contributions Account; and (b) Member’s (Non-Permanent) Minimum Vested Employer Contributions Account; and (c) Member’s (Permanent) Award Contributions Account; and (d) Member’s (Permanent) Minimum Vested Employer Contributions Account; the full amount of all superannuation contribution taxes paid by the Board in relation to moneys credited to each account but without regard to any taxation credits, rebates or other concessions that may reduce the tax actually paid by the Board below that assessed on contributions. ’.
14 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (2) Article 7(7)— omit. (3) Article 7(8)— renumber as article 7(7). (4) Article 7(9)— renumber as article 7(8). (5) Article 7(8) (as renumbered)— omit ‘ for reasons other than illness or injury ’. (6) Article 7(8)(b)(ii) (as renumbered)— omit, insert— ‘ (ii) have the employer suspend contributions to the Scheme on the member’s behalf for the period of absence without pay and, in the case of a permanent employee, to agree that— (A) the period of absence does not form part of the member’s superannuation scheme membership for the purposes of calculating the member’s accrued benefit multiple; and (B) any benefit payable must be calculated without regard to article 8(3), (5) and (7) during the period of absence; and (C) if the member dies or becomes totally and permanently disabled during the period of absence, the member must be paid the member’s accrued retirement benefit calculated under article 9(2). ’. (7) Article 7(8)(c) and (d) (as renumbered)— omit ‘ Article 7(9)(b) ’ (wherever occurring) , insert ‘ article 7(8)(b) ’. (8) Article 7(8)((d) and (e) (as renumbered)— omit ‘ Article 7(9)(b)(ii) ’, insert ‘ article 7(8)(b)(ii) ’.
15 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (9) Article 7(8)(e) (as renumbered)— omit ‘ Article 8(6) ’, insert ‘ article 8(5) ’. (10) Article 7(8)(e) (as renumbered)— omit ‘ Articles 8(4), 8(5) or 8(8) ’, insert ‘ article 8(3), (4) or (7) ’. (11) Article 7(8)(e)(ii) (as renumbered)— omit ‘ Articles 8(4), 8(5), 8(6) or 8(8) ’, insert ‘ article 8(3), (4), (5) or (7) ’. (12) Article 7(10)— renumber as article 7(9). (13) Article 7(9)(b)(ii) (as renumbered)— omit, insert— ‘ (ii) have the current employer make no contributions or assume no responsibility for contributions to the Scheme on the member’s behalf for the period between the day after the termination of employment with the former employer and the day of commencement of employment with the current employer and, in the case of a permanent employee, to agree that— (A) the broken period does not form part of the member’s superannuation scheme membership for the purpose of calculating the member’s accrued benefit multiple; and (B) any benefit payable must be calculated without regard to article 8(3), (5) and (7) during the broken period; and (C) if a member dies or becomes totally and permanently disabled during the broken period, the member must be paid the member’s accrued retirement benefit calculated under article 9(2) ’. (14) Article 7(9)(c) and (d) (as renumbered)— omit ‘ Article 7(10)(b) ’ (wherever occurring) , insert ‘ article 7(9)(b) ’.
16 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (15) Article 7(9)(d) (as renumbered)— omit ‘ Article 7(10)(b)(ii) ’, insert ‘ article 7(9)(b)(ii) ’. (16) Article 7(11)— omit, insert— ‘Contributions during unapproved periods of absence without pay ‘(10) If a member is absent from duty without pay and without the approval of the member’s employer— (a) the employer must suspend contributions to the Scheme on the member’s behalf; and (b) if the member is a permanent employee— (i) the period of absence does not form part of the member’s superannuation scheme membership for the purposes of calculating the member’s accrued benefit multiple; and (ii) any benefit payable must be calculated without regard to article 8(3), (5) and (7) during the period of absence; and (iii) if the member dies or becomes totally and permanently disabled during the period of absence, the member must be paid the member’s accrued retirement benefit calculated under article 9(2). ’. (17) Article 7(12)— renumber as article 7(11). (18) Article 7(11)(b) (as renumbered)— omit ‘ Article 7(12)(a) ’, insert ‘ article 7(11)(a) ’. (19) Article 7(11)(c) (as renumbered)— omit ‘ Articles 7(12)(a) and 7(12)(b) ’, insert ‘ article 7(11)(a) and (b) ’. (20) Article 7(13)— renumber as article 7(12).
17 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (21) Article 7(12)(b) (as renumbered)— omit ‘ Article 7(12)(c) ’, insert ‘ article 7(11)(c) ’. (22) Article 7(12)(d) (as renumbered)— omit ‘ Article 7(13)(c) ’, insert ‘ article 7(12)(c) ’. (23) Article 7(14)— renumber as article 7(13). ˙ Amendment of article 8 (Benefits) 10. Article 8(1) and (2)— omit, insert— ‘Age retirement between 55 and 65 ‘(1) The Board must pay a lump sum benefit to a permanent employee who retires at an age between 55 and 65. ‘(1A) The lump sum benefit payable under subarticle (1) is the sum of— (a) the member’s accrued retirement benefit; and (b) the amount standing to the credit of the Member’s (Non- Permanent) Award Contributions Account with compound interest at the declared rate to the date of the member’s retirement; and (b) the amount standing to the credit of the Member’s (Non- Permanent) Minimum Vested Employer Contributions Account with compound interest at the declared rate to the date of the member’s retirement. ‘(1B) The lump sum benefit payable under subarticle (1) must not be less than the member’s prior scheme death cover. ’. (2) Article 8(3)— renumber as article 8(2).
18 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (3) At the end of article 8(2) (as renumbered)— insert— ‘ ; and (c) the amount standing to the credit of the Member’s (Permanent) Minimum Vested Employer Contributions Account (being the amount credited to the account since the member turned 65) with compound interest at the declared rate to the date of the member’s retirement. ’. (4) Article 8(4)— renumber as article 8(3). (5) Article 8(3)(a) (as renumbered)— omit ‘ Article 8(2) or 8(3) ’, insert ‘ article 8(1) or (2) ’. (6) Article 8(3)(b)(ii) (as renumbered)— omit, insert— ‘ (ii) the sum of— (A) the amount standing to the credit of the Member’s (Non-Permanent) Award Contributions Account with Compound Interest at the declared rate to the relevant date; and (B) the amount standing to the credit of the Member’s (Non-Permanent) Minimum Vested Employer Contributions Account with compound interest at the declared rate to the relevant date, ’. (7) Article 8(5)— renumber as article 8(4).
19 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (8) At the end of article 8(4) (as renumbered)— insert— ‘ ; and (c) the amount standing to the credit of the Member’s (Non- Permanent) Minimum Vested Employer Contributions Account together with compound interest at the declared rate to the relevant date. ’. (9) Article 8(6)— renumber as article 8(5). (10) Article 8(5) (as renumbered)— omit ‘ Articles 7(9), 7(10) and 7(11) ’, insert ‘ article 7(8), (9) and (10) ’. (11) Article 8(7)— renumber as article 8(6). (12) After article 8(6)(c) (as renumbered)— insert— ‘ ; and (d) the amount standing to the credit of the Member’s (Non- Permanent) Minimum Vested Employer Contributions Account with compound interest at the declared rate to the cessation date; and (e) the amount standing to the credit of the Member’s (Permanent) Minimum Vested Employer Contributions Account with compound interest at the declared rate to the cessation date. ’. (13) Article 8(8)— renumber as article 8(7). (14) Article 8(7)(b) (as renumbered)— omit ‘ Article 8(8)(c) ’, insert ‘ article 8(7)(c) ’.
20 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (15) Article 8(7)(d) (as renumbered)— omit ‘ Article 8(8)(e) ’, insert ‘ article 8(7)(e) ’. (16) Article 8(7)(e) (as renumbered)— omit ‘ Article 8(8)(d) ’, insert ‘article 8(7)(d) ’. (17) Article 8(7)(f) (as renumbered)— omit ‘ Article 8(8)(e) ’, insert ‘ article 8(7)(e) ’. (18) Article 8(9)— renumber as article 8(8). (19) Article 8(8) (as renumbered)— omit ‘ Articles 8(4), 8(6) or 8(8) ’, insert ‘ article 8(3), (5) or (7) ’. (20) Article 8(10)— renumber as article 8(9). (21) Article 8(9) (as renumbered) (2nd sentence)— omit , insert — ‘ The lump sum benefit is the sum of— (a) the lump sum benefit that would have been payable under the terms that applied under amended article 8(5); and (b) the amount standing to the credit of the Member’s (Non- Permanent) Minimum Vested Employer Contributions Account with compound interest at the declared rate to the cessation date; with compound interest at the declared rate less 1% from the cessation date to the date on which the benefit becomes payable. ’. (22) Article 8(11)— renumber as article 8(10). (23) Article 8(12)— renumber as article 8(11).
21 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (24) Article 8(11)(a) (as renumbered)— omit ‘ Articles 8(1), 8(2), 8(3), 8(4) or 8(6) ’, insert ‘ article 8(1), (2), (3) or (5) ’. (25) Article 8(11)(f)(i) (as renumbered)— omit ‘ Article 8(12)(c) ’, insert ‘ article 8(11)(c) ’. ˙ Amendment of article 9 (Reductions in Benefit Calculations) 11.(1) Article 9(1), (3) and (5)— omit ‘ Articles 8(4), 8(6) and 8(8) ’, insert ‘ article 8(3), (5) and (7) ’. (2) Article 9(1)(a) and (b)— omit ‘ Articles 8(9) ’ (wherever occurring) , insert ‘ article 8(8) ’. (3) Article 9(2)— omit, insert— ‘(2) For the purpose of calculating the benefit payable to a member under article 8(4), the accrued benefit multiple must be multiplied by the age discount factor shown in Table 4(1). ’. (4) Article 9(4)— omit. (5) Article 9(5)— renumber as article 9(4). ˙ Amendment of article 10 (General Conditions for Payment of Benefits) 12.(1) Article 10(5)— omit. (2) Article 10(6)— renumber as article 10(5).
22 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (3) Article 10(6)— omit ‘ Article 10(7) ’, insert ‘ article 10(6) ’. (4) Article 10(7)— renumber as article 10(6). (5) Article 10(8)— renumber as article 10(7). (6) Article 10(9)— renumber as article 10(8). (7) Article 10(10)— renumber as article 10(9). (8) Article 10(11)— renumber as article 10(10). (9) Article 10(12)— renumber as article 10(11). (10) Article 10(13)— renumber as article 10(12). (11) Article 10(12)(a)(iii) (as renumbered)— omit ‘ Article 10(13)(b) ’, insert ‘ article 10(12)(b) ’. (12) Article 10(12)(d) (as renumbered)— omit ‘ Article 10(13)(c) ’, insert ‘ article 10(12)(c) ’. (13) Article 10(12)(e) (as renumbered)— omit ‘ Articles 10(13)(b) and 10(13)(d) ’, insert ‘ articles 10(12)(b) and 10(12)(d) ’.
23 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 ˙ Omission of article 19 (Service of Notices) 13. Article 19— omit . ˙ Amendment of article 20 (Statutory Schemes) 14.(1) Article 20(2)(a)— omit ‘ Article 8(7) ’, insert ‘ article 8(6) ’. (2) Article 20(2)(b)— omit ‘ Article 8(7)(a) ’, insert ‘ article 8(6)(a) ’. ˙ Insertion of new articles 21, 22 and 23 15. After article 20— insert— ˙ ‘Non-statutory schemes ‘21.(1) The Board may, at any time, accept from another superannuation scheme or like fund any amount in relation to a member. ‘(2) An amount received by the Board is vested in the member and must be credited as follows— (a) to the Member’s (Non-Permanent) Minimum Vested Employer Contributions Account, so much of the amount as is required to be vested in, and preserved for, the member under— (i) any Act of the State or of the Commonwealth; or (ii) any agreement registered or recognised under any Act of the State or of the Commonwealth; or (iii) any order of a court or tribunal acting under the authority of any Act of the State or of the Commonwealth; and
24 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 (b) to the Voluntary Contributions Account, so much of the amount as is required to be vested in, but not preserved for, the member under— (i) any Act of the State or of the Commonwealth; or (ii) any agreement registered or recognised under any Act of the State or of the Commonwealth; or (iii) any order of a court or tribunal acting under the authority of any Act of the State or of the Commonwealth. ‘PART 7—VOLUNTARY INSURANCE ˙ ‘Voluntary insurance ‘22.(1) The Board may, in addition to any insurance provided under article 8(3) and (5), provide to members insurance against death or total and permanent disablement on such terms as may be determined from time to time under a group life assurance policy (the “policy” ) taken out for that purpose. ‘(2) Payment under the policy must be available only to members who— (a) have made written application to the Board; and (b) are, in the opinion of the Board, eligible to obtain benefit under the policy; and (c) are accepted by the relevant insurer for the purposes of the policy. ‘(3) The premiums payable by the Board on behalf of each member in relation to the insurance under the policy must be deducted from the Voluntary Contributions Account of the member. ‘(4) If there are insufficient funds standing to the credit of the Voluntary Contributions Account of the member to enable payment of premiums under the policy on behalf of the member, the Board may cancel the cover given to the member under the policy.
25 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 ‘(5) An amount paid to the Board in relation to a member under the policy must be credited to the Voluntary Contributions Account of the member. ‘PART 8—VOLUNTARY PRESERVATION ˙ ‘Voluntary preservation of benefits ‘23.(1) Subject to such terms as the Board may determine, a member may, by written notice given to the Board, elect to have that component or the components of the member’s entitlement that are vested in the member but not required by any relevant law, award or order of a competent body or tribunal to be preserved for the member, retained in the Scheme as a voluntary preserved benefit. ‘(2) A voluntary preserved benefit must be credited to a Voluntary Preserved Beneficiary Account in the name of the former member. ‘(3) A voluntary preserved benefit accumulates compound interest at the declared rate less 1% from the cessation date and for so long as an amount remains to the credit of a Voluntary Preserved Beneficiary Account in the former member’s name.
26 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 TABLE 4(1) Age discount factor Age of member Factor F 40 or younger 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 0.60 0.62 0.64 0.66 0.68 0.70 0.72 0.74 0.76 0.78 0.80 0.82 0.84 0.86 0.88 0.90 ’. ˙ Minor amendments 16. The Articles of the Local Government Employees’ Superannuation Scheme are further amended as set out in the Schedule.
27 Local Government Employees’ Superannuation (Amendment of Articles) (No. 1) No. 199, 1992 SCHEDULE 1 · MINOR AMENDMENTS section 16 1. Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20— omit ‘ Superannuation Board ’ (wherever occurring) , insert ‘ Board ’. 2. Articles 10 and 12— omit ‘ Superannuation Board’s ’ (wherever occurring) , insert ‘ Board’s ’. 3. Articles 14 and 18— omit ‘ Income Tax Assessment Act 1936 ’ (wherever occurring) , insert ‘ Income Tax Assessment Act 1936 of the Commonwealth ’. ENDNOTES 1. Made by the Governor in Council on 25 June 1992. 2. The amendments approved in this order were made by the Board on 23 June 1992. 3. Published in the Gazette on 26 June 1992. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Housing and Local Government. The State of Queensland 1992
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Local Government Employees' Superannuation (Amendment of Articles) Order (No. 1) 1992 (Qld)
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