Local Government (Operations) Amendment Regulation (No. 2) 2011 (Qld)

Queensland Local Government (Operations) Amendment Regulation (No. 2) 2011 Subordinate Legislation 2011 No. 91 made under the Local Government Act 2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 115 (Local government entities—Act, s 216) . . 2 5 Amendment of s 116 (Persons eligible for membership of the scheme—Act, s 218) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Insertion of new ss 116A and 116B . . . . . . . . . . . . . . . . . . . . . . . 2 116A Prescribed amount of yearly contributions—Act, s 220 ................................ 3 116B Prescribed amount of yearly contributions—Act, s 220A ............................... 3 7 Amendment of sch 5 (Prescribed local government entities) . . . . 4 8 Amendment of sch 6 (Prescribed members of the LG super scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5

Local Government (Operations) Amendment Regulation (No. 2) 2011 [s 1] 1 Short title This regulation may be cited as the Local Government (Operations) Amendment Regulation (No. 2) 2011 . 2 Commencement This regulation commences on 1 July 2011. 3 Regulation amended This regulation amends the LocalGovernment(Operations)Regulation 2010 . 4 Amendment of s 115 (Local government entities—Act, s 216) (1) Section 115, heading, ‘s 216’— omit, insert— ‘ s 216A ’. (2) Section 115, ‘216(3)’— omit, insert— ‘216A’. 5 Amendment of s 116 (Persons eligible for membership of the scheme—Act, s 218) Section 116, ‘(2)(h)’— omit, insert— ‘(2)(i)’. 6 Insertion of new ss 116A and 116B After section 116— insert— Page 2 2011 SL No. 91

Local Government (Operations) Amendment Regulation (No. 2) 2011 [s 6] ‘116A Prescribed amount of yearly contributions—Act, s 220 ‘(1) For the Act, section 220(3), the yearly contribution that an employer must make is the amount equal to— (a) for a special permanent employee—11% of the employee’s salary; or (b) for a standard permanent employee—12% of the employee’s salary. ‘(2) For the Act, section 220(5), the yearly contribution that an employer must make for a BCC permanent employee is the amount equal to 14% of the employee’s salary. ‘(3) However, the yearly contribution that an employer must make for a BCC permanent employee who is 70 years or older is nil. ‘116B Prescribed amount of yearly contributions—Act, s 220A ‘(1) For the Act, section 220A(2), definition prescribed employee , paragraph (b), a person who is a BCC permanent employee is prescribed. ‘(2) For the Act, section 220A(3), the yearly contribution that an employee must make is the amount equal to— (a) for a special permanent employee of a local government (other than the Brisbane City Council) or a local government entity—5% of the employee’s salary; or (b) for a standard permanent employee of a local government (other than the Brisbane City Council) or a local government entity—6% of the employee’s salary; or (c) for a prescribed employee of the Brisbane City Council who is an accumulation benefit member within the meaning of section 216A of the Act—5% of the employee’s salary; or (d) for a prescribed employee of the Brisbane City Council who is a defined benefit member within the meaning of 2011 SL No. 91 Page 3

Local Government (Operations) Amendment Regulation (No. 2) 2011 [s 7] section 216A of the Act—the amount stated in the trust deed. ‘(3) However, the yearly contribution that a BCC permanent employee must make if the employee is 70 years or older is nil.’. 7 Amendment of sch 5 (Prescribed local government entities) Schedule 5— insert— ‘Central SEQ Distributor-Retailer Authority’. 8 Amendment of sch 6 (Prescribed members of the LG super scheme) (1) Schedule 6, item 1— omit, insert— ‘1 a person who was a member of City Super immediately before the scheme merged with the LG super scheme’. (2) Schedule 6— insert— ‘5 a person who is an employee of an entity that is wholly or partly owned by the Brisbane City Council 6 a person who is an employee of an entity that is controlled by the Brisbane City Council 7 a person who is an employee of an entity with which the Brisbane City Council contracts for services 8 a person who is an employee of an entity that is an ‘Associated Employer’ under the trust deed 9 a person who was transferred to an entity established under the SouthEastQueenslandWater(Restructuring)Act2007 , section 6(1)(a) to (c), under a transfer notice under that Act 10 a person who was transferred to a distributor-retailer within the meaning of the South-East Queensland Water Page 4 2011 SL No. 91

Local Government (Operations) Amendment Regulation (No. 2) 2011 [s 9] (Distribution and Retail Restructuring) Act 2009, under a transition document under that Act’. 9 Amendment of sch 7 (Dictionary) Schedule 7— insert— ‘ BCC permanent employee means an employee whose employment with Brisbane City Council is subject to an industrial instrument and who is, under the trust deed, a permanent employee of the Brisbane City Council. City Super means the Brisbane City Council Superannuation Plan established as the Brisbane City Council Occupational Superannuation Plan under a deed of trust dated 24 January 1989. salary , of an employee, means the employee’s salary under the trust deed. special permanent employee means a permanent employee who, immediately before 1 July 1995, was required to make superannuation contributions under the repealed LocalGovernment Superannuation Act 1985 at the rate of 5% of the employee’s salary. standard permanent employee means a permanent employee who— (a) immediately before 1 July 1995, was required to make superannuation contributions under the repealed LocalGovernment Superannuation Act 1985 at the rate of 6% of the employee’s salary; or (b) immediately before the repeal of the Local Government(CommunityGovernmentAreas)Act2004 , was a permanent employee of a community government under that Act; or (c) started employment on or after 1 July 1995.’. 2011 SL No. 91 Page 5

Local Government (Operations) Amendment Regulation (No. 2) 2011 ENDNOTES 1 Made by the Governor in Council on 16 June 2011. 2 Notified in the gazette on 17 June 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government and Planning. © State of Queensland 2011 Page 6 2011 SL No. 91