Local Government Legislation (Superannuation) Amendment Regulation 2024 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Local Government Legislation (Superannuation) Amendment Regulation 2024.

2   Commencement

This regulation commences on 1 July 2024 immediately after the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024, schedule 1, part 2 commences.

Part 2    Amendment of City of Brisbane Regulation 2012

3   Regulation amended

This part amends the City of Brisbane Regulation 2012.

4   Amendment of s 258 (Types of disciplinary action)

(1)Section 258(1)(c)—
omit.

(2)Section 258(1)(d)—
renumber as section 258(1)(c).

5   Omission of s 259 (Deductions from salary or wages)

Section 259—
omit.

6   Insertion of new ch 10, pt 12

Chapter 10—
insert—

Part 12    Transitional provisions for Local Government Legislation (Superannuation) Amendment Regulation 2024

308   Definition for part

former, in relation to a section of this regulation, means the section as in force immediately before the commencement.

309   Disciplinary actions that are deductions from salary or wages

(1)This section applies if—

(a)before the commencement, either—

(i)a written notice of disciplinary action mentioned in former section 258(1)(c) had been given to a council employee; or

(ii)disciplinary action taken against a council employee had been changed on appeal under former section 259(2); and

(b)immediately before the commencement, the disciplinary action had not been taken.

(2)For taking the disciplinary action, former sections 258 and 259 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024, sections 4 and 5 had not commenced.

310   Appeals relating to deductions from salary or wages

(1)This section applies if, before the commencement—

(a)an appeal against disciplinary action mentioned in former section 258(1)(c) had been started but not decided; or

(b)the period for starting an appeal against disciplinary action mentioned in former section 258(1)(c) had started but not ended.

(2)For the purposes of starting or continuing the appeal, former sections 258 and 259 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024, sections 4 and 5 had not commenced.

Part 3    Amendment of Local Government Regulation 2012

7   Regulation amended

This part amends the Local Government Regulation 2012.

8   Insertion of new ch 5, pt 11, div 1, sdiv 1AA

Chapter 5, part 11, division 1, before subdivision 1—
insert—

Subdivision 1AA Preliminary

206A    Prescribed class for large local government—Act, s 105

For section 105(3) of the Act, definition large local government, the class of local governments comprising the local governments mentioned in schedule 3A is prescribed.

Note—

Under section 105(2) of the Act, a large local government is required to establish an audit committee.

9   Omission of s 209 (Prescribed class for large local government—Act, s 105)

Section 209—
omit.

10   Amendment of s 280 (Types of disciplinary action)

(1)Section 280(1)(c)—
omit.

(2)Section 280(1)(d)—
renumber as section 280(1)(c).

11   Omission of s 281 (Deductions from salary or wages)

Section 281—
omit.

12   Insertion of new s 299A

Before section 300—
insert—

299A    Meaning of salary of a permanent employee of a local government or local government entity

(1)For this part, the salary of a permanent employee of a local government or local government entity is the total of the following for the employee—

(a)earnings for ordinary hours of work, other than any of the following payments made to the employee on the termination of the employee’s employment—

(i)a payment for unused sick leave;

(ii)an unused annual leave payment, or unused long service leave payment, within the meaning of the Income Tax Assessment Act 1997 (Cwlth);

(b)amounts for over-award payments, shift loadings or commissions.

(2)Terms used in subsection (1)(a) and (b) have the same meanings as they have in the Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 6(1), definition ordinary time earnings.

13   Replacement of s 302 (Prescribed amount of yearly contributions—Act, s 220)

Section 302—
omit, insert—

302   Prescribed amount of yearly contributions—Act, s 220

(1)For section 220(2)(b) of the Act, the amount prescribed for a year is equal to—

(a)for a permanent employee of the Brisbane City Council who is under 75 years—14% of the employee’s salary for the year; or

(b)for another permanent employee of a local government or a permanent employee of a local government entity—the charge percentage of the employee’s salary for the year.

(2)For section 220(5) of the Act, the time prescribed is 14 days after the end of the permanent employee’s pay period for which the contribution is payable.

(3)In this section—

charge percentage, for a year, means the charge percentage under the Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 19(2) for the year, divided by 100.

14   Amendment of s 303 (Prescribed amount of yearly contributions—Act, s 220A)

(1)Section 303(1)(c), ‘BCC permanent employee’—
omit, insert—

permanent employee of the Brisbane City Council

(2)Section 303(1)(d), ‘other BCC permanent employees’—
omit, insert—

another permanent employee of the Brisbane City Council

(3)Section 303—
insert—

(2)However, for a permanent employee of a local government or local government entity who is 75 years or over, the amount prescribed is nil.

(3)In this section—

special permanent employee means a permanent employee who, immediately before 1 July 1995, was required to make superannuation contributions under the repealed Local Government Superannuation Act 1985 at the rate of 5% of the employee’s salary.

15   Insertion of new ch 25

After section 370—
insert—

Chapter 25    Transitional provisions for Local Government Legislation (Superannuation) Amendment Regulation 2024

371   Definitions for chapter

In this chapter—

former, in relation to a section of this regulation, means the section as in force immediately before the commencement.

former salary, of a person, means the person’s salary as defined in the trust deed immediately before the commencement.

new, in relation to a section of this regulation, means the section as in force from the commencement.

salary see new section 299A.

transition period means the period starting on 1 July 2024 and ending on 30 June 2025.

372   Disciplinary actions that are deductions from salary or wages

(1)This section applies if—

(a)before the commencement, either—

(i)a written notice of disciplinary action mentioned in former section 280(1)(c) had been given to a local government employee; or

(ii)disciplinary action taken against a local government employee had been changed on appeal under former section 281(2); and

(b)immediately before the commencement, the disciplinary action had not been taken.

(2)For taking the disciplinary action, former sections 280 and 281 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024, sections 10 and 11 had not commenced.

373   Appeals relating to deductions from salary or wages

(1)This section applies if, before the commencement—

(a)an appeal against disciplinary action mentioned in former section 280(1)(c) had been started but not decided; or

(b)the period for starting an appeal against disciplinary action mentioned in former section 280(1)(c) had started but not ended.

(2)For the purposes of starting or continuing the appeal, former sections 280 and 281 continue to apply as if the Local Government Legislation (Superannuation) Amendment Regulation 2024, sections 10 and 11 had not commenced.

374   Employer contributions for particular existing employees during transition period

(1)This section applies if, immediately before the commencement, a person under 75 years was—

(a)a permanent employee of the Brisbane City Council; or

(b)a standard permanent employee of another local government or a local government entity.

(2)For calculating the amount of the yearly contribution the person’s employer must make, under section 220(2)(b) of the Act, for the person for the transition period—

(a)new section 302(1) does not apply; and

(b)either—

(i)if the person is a person mentioned in subsection (1)(a) who is at least 70 years—the amount is equal to 14% of the person’s former salary; or

(ii)otherwise—former section 302(1) continues to apply in relation to the person despite the commencement of the Local Government Legislation (Superannuation) Amendment Regulation 2024, section 13.

375   Employer contributions for permanent employees whose employment starts during transition period

(1)This section applies if—

(a)a person under 75 years is employed as—

(i)a permanent employee of the Brisbane City Council; or

(ii)a standard permanent employee of another local government or a local government entity; and

(b)the employment starts during the transition period.

(2)For calculating the amount of the yearly contribution the person’s employer must make, under section 220(2)(b) of the Act, for the person for the first 12 months of the person’s employment—

(a)new section 302(1) does not apply; and

(b)for the period starting on the first day of the person’s employment and ending on 30 June 2025, the person’s salary is taken, despite new section 299A, to be the person’s former salary; and

(c)the amount of the yearly contribution is the following percentage of the person’s salary—

(i)if the person is a permanent employee of the Brisbane City Council—14%;

(ii)otherwise—12%.

376   Employee contributions for particular existing permanent employees other than defined benefit members

(1)This section applies in relation to a person who—

(a)immediately before the commencement, was a permanent employee of a local government or local government entity; and

(b)is neither of the following on the commencement—

(i)a defined benefit member;

(ii)a person to whom section 358 of the Act applies.

(2)From the commencement, for section 220A(2) of the Act, the amount prescribed for the person is equal to the rate of the person’s salary equivalent to the amount of the person’s yearly contribution immediately before the commencement.

(3)This section applies despite section 303(1).

377   Employee contributions for particular existing permanent employees who are defined benefit members

(1)This section applies in relation to a person who—

(a)immediately before the commencement, was a permanent employee of—

(i)a local government, other than the Brisbane City Council; or

(ii)a local government entity; and

(b)is a defined benefit member on the commencement.

(2)For the purpose of calculating the yearly contribution the person must make under section 220A(2) of the Act, a reference in section 303(1)(a) or (b) to the person’s salary is taken to be a reference to the person’s former salary.

(3)This section stops applying if the person stops being a defined benefit member.

16   Insertion of new sch 3A

After schedule 3—
insert—

Schedule 3A Large local governments

section 206A

Bundaberg Regional Council

Cairns Regional Council

Cassowary Coast Regional Council

Central Highlands Regional Council

Fraser Coast Regional Council

Gladstone Regional Council

Gold Coast City Council

Gympie Regional Council

Ipswich City Council

Isaac Regional Council

Livingstone Shire Council

Lockyer Valley Regional Council

Logan City Council

Mackay Regional Council

Maranoa Regional Council

Moreton Bay City Council

Noosa Shire Council

Redland City Council

Rockhampton Regional Council

Scenic Rim Regional Council

South Burnett Regional Council

Southern Downs Regional Council

Sunshine Coast Regional Council

Tablelands Regional Council

Toowoomba Regional Council

Townsville City Council

Western Downs Regional Council

Whitsunday Regional Council

17   Amendment of sch 8 (Dictionary)

(1)Schedule 8, definitions BCC permanent employee, City Super, salary and special permanent employee—
omit.

(2)Schedule 8—
insert—

salary, of a permanent employee of a local government or local government entity, for chapter 9, part 2, see section 299A.