Local Government Superannuation Act Amendment Act 1978 (Qld)

367 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 49 of 1978 An Act to amend the Local Government Superannuation Act 1964 - 1976 in certain particulars [ASSENTED TO 12TH JUNE, 1978] 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:- 1. Short title . (1) This Act may be cited as the Local Government Superannuation Act Amendment Act 1978. (2) In this Act the Local Government Superannuation Act 1964-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government Superannuation Act 1964-1978.

368 Local Government Superannuation Act Amendment Act 1978, No. 49 2. Commencement of Act. This Act shall commence on a date to be appointed by Proclamation. 3. Repeal of s. 9A and new s. 9B. The Principal Act is amended by repealing section 9A and substituting the following section:- " 9B. When contributor under existing superannuation scheme to contribute or pay additional contributions to Fund . (1) Any permanent employee who at the commencement of the Local Government Superannuation Act Amendment Act 1978, under an existing superannuation scheme, has his life insured or is a contributor to a benefit or provident fund established under the scheme, whether or not he is a contributor to the Fund pursuant to section 9A of the Local Government Superannuation Act 1964-1967, and the annual contributions payable by the Local Authority in respect of the employee or by the employee towards the premium payable in respect of such insurance or, as the case may be, to such benefit or provident fund together with the annual contributions payable as aforesaid (if there are any) to the Fund are less than five per centum of the employee's salary shall, within the prescribed time and in the prescribed manner, make application to the Board to become or continue as a.-contributor to the Fund for such a contribution as, calculated on an annual basis, will, together with the annual contributions payable by the deficient contributor under the existing superannuation scheme and (where such is the case) to the Fund immediately prior to making the application, amount to five per centum of the employee's salary or, where in relation to a particular employee there are two deficient contributors, ten per centum of the employee's salary. (2) Any additional payments by way of contribution to the Fund required by reason of compliance with subsection (1) shall be payable by the deficient contributor or, where in relation to a particular employee there are two deficient contributors, shall be payable by them in such proportions that the annual contributions of each deficient contributor under the existing superannuation scheme and (where such is the case) to the Fund immediately prior to making the application under subsection (1) together with the proportion of such additional payments payable by him amount to five per centum of the employee's salary. (3) In this section the expression " deficient contributor " means a Local Authority or a permanent employee who- (a) under an existing superannuation scheme makes annual contributions in respect of the employee in question towards the premium payable in respect of insurance on the life of the employee or to a benefit or provident fund established under the scheme; or (b) makes annual contributions referred to in paragraph (a) and also makes annual contributions to the Fund in respect of the employee, which contributions are less (in the aggregate where paragraph (b) applies) than the percentage of the employee's salary prescribed by subsection (1).",

Local Government Superannuation Act Amendment Act 1978, No.49 369 4. New s. 9A. The Principal Act is amended by inserting after section 9 the following section:- " 9A. Adjustment of contributions under existing superannuation schemes taken over by Board . Upon the commencement of the Local Government Superannuation Act Amendment Act1978, section 7, 8 or 9 (whichever is the appropriate provision) shall apply to and in respect of an existing superannuation scheme whether the same was taken over by the Board before the commencement of that Act or is taken over by the Board after the commencement of that Act and to and in respect of every Local Authority concerned and permanent employee who is a contributor thereunder, but for the purpose of so applying the section every reference therein to a percentage of an employee's salary specified in the first column of the following Table shall be read and construed as a reference to the percentage specified in the second column of the Table opposite to such specification. TABLE three and one-half per centum seven per centum five per centum ten per centum ". 5. New s. 9C. The Principal Act is amended by inserting after section 9B the following section:- " 9C. Right of election relating to existing superannuation schemes. (1) Every permanent employee to whom section 7, 8, 9 or 9B applies shall be entitled to make an election like to that provided by section 20 (3) for a permanent employee to whom Part IV applies or provided by section 45 (2) for a permanent employee to whom Part V applies, whichever election is appropriate to the case of the permanent employee first-mentioned, or if both such elections are so appropriate then every such permanent employee first-mentioned shall be entitled to make both such elections. (2) Where a permanent employee duly makes an election or elections which he is entitled to make under subsection (1), section 7, 8, 9 or 9B (whichever is the appropriate provision) shall be read and construed in relation to that employee and, where the case requires it, section 9A shall be read and construed in relation to that employee as if every reference therein to a percentage of an employee's salary specified in the first column of the following Table were a reference to the percentage specified in the second column of the Table opposite to such specification and any. other reference in any of those sections to such a reference shall be read and construed in relation to that employee accordingly. five per centum ten per centum TABLE four per centum eight per centum ". 6. Amendment of s. 12 . Section 12 of the Principal Act is amended by- (a) omitting subsections (2), (3) and (3A) and substituting the following subsections:- " (2) The Board shall consist of three members of whom one shall be appointed by the Governor in Council, by notification published in the Gazette, to be the chairman of the Board.

370 Local Government Superannuation Act Amendment Act 1978, No. 49 (3) Each member of the Board shall be appointed by the Governor in Council, upon the nomination of the Minister, by notification published in the Gazette. Each member of the Board shall be appointed for such period of time as the Governor in Council specifies in the instrument of his appointment and shall be eligible for re-appointment."; (b) omitting subsection (5); (c) omitting subsection (7) and substituting the following subsection:- " (7) When a vacancy occurs in the office of a member of the Board otherwise than by effiuxion of time, the Governor in Council shall, upon the nomination of the Minister, by notification published in the Gazette, appoint for such period of time as he specifies in the instrument of appointment, another person to be a member of the Board in place of the member whose office has become vacant.". 7. Amendment of s. 20 . Section 20 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:- " (2) Subject to subsection (3), the amount of insurance effected under subsection (1) shall be the amount which will be provided by payment of a premium equal to ten per centum of the salary of the employee. (3) Every permanent employee may, by notice to the Local Authority in the form and within the time prescribed, elect that the amount of insurance to be effected by him shall be the amount which would be provided by payment of a premium equal to eight per centum of his salary whereupon the amount of insurance shall be limited accordingly. (4) A Local Authority that receives from any of its employees a notice of election shall, within one month thereafter, forward a copy of the notice to the Board.". 8. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) in subsection (1), omitting from the first paragraph all words from and including the words " as will be procured " to and including the words " such excess:" and substituting the words " as will be provided, having regard to the age of the employee at the time, by the payment of additional premium equal to- (a) eight per centum of such excess where he has duly elected under section 20 (3); or (b) ten per centum of such excess where he has not duly elected under section 20 (3):"; (b) in subsection (2), omitting from the first paragraph all words from and including the words " an amount equal to " to and including the words " be reduced accordingly:" and substituting the words " an amount equal to- (a) eight per centum of such decrease in salary where he has duly elected under section 20 (3); or (b) ten per centum of such decrease in salary where he has not duly elected under section 20 (3), in which case the amount of insurance cover shall be reduced accordingly:".

Local Government Superannuation Act Amendment Act 1978, No. 49 371 9. Amendment of s. 24 . Section 24 of the Principal Act is amended by omitting the words " three and one-half per centum " wherever they occur and substituting in each case the words " five per centum ". 10. Amendment of s. 25 . Section 25 of the Principal Act is amended by- (a) omitting the paragraph before the proviso and substituting the following paragraph:- " Where the amount of the annual premium or the aggregate of the annual premiums payable in respect of any policy or policies accepted by the Board pursuant to section 23 is less than eight per centum of the salary of the permanent employee concerned, if he has duly elected under section 20 (3), or ten per centum of such salary if he has not duly so elected, such employee shall, within the time prescribed, effect with the insurer within the meaning of this Act additional insurance on his life for such amount of cover as will be provided, having regard to the age of the employee at the time, by the payment of such amount of premium as will together with the premium or premiums payable on his subsisting policy or policies amount to- (a) eight per centum of his salary where he has duly elected under section 20 (3); or (b) ten per centum of his salary where he has not duly elected under section 20 (3):"; (b) in the proviso, omitting the words " amount in each case to three and one-half per centum of his salary " and substituting the words " amount in each case to- (a) four per centum of his salary where he has duly elected under section 45 (2); or (b) five per centum of his salary where he has not duly elected under section 45 (2).". 11. Amendment of s. 34 . Section 34 of the Principal Act is amended by omitting the words " three and one-half per centum " wherever they occur and substituting in each case the words " five per centum ". 12. New s. 35. The Principal Act is amended by repealing section 35 and substituting the following section:- " 35. Contributions under Part V in respect of employee holding policy to which s. 33 applies . Where the amount of the annual premium or the aggregate of the annual premiums payable in respect of any policy or policies accepted by the Board pursuant to section 33 is less than eight per centum of the salary of the permanent employee concerned, if he has duly elected under section 45 (2), or ten per centum of such salary, if he has not duly so elected, the difference between such amount or aggregate and- (a) eight per centum of his salary where he has duly elected under section 45 (2); or (b) ten per centum of his salary where he has not duly elected under section 45 (2), shall be deemed to be the amount of the annual contribution to be made under Part V in respect of such employee and Part V shall, with and subject to all necessary adaptations, apply and extend to such employee accordingly.".

372 Local Government Superannuation Act Amendment Act 1978, No. 49 13. Amendment of s. 41 . Section 41 of the Principal Act is amended by omitting the words " or under section four of " The Trustees and Executors Acts, 1897 to 1964 " " and substituting the words " section 21 of the Trusts Act1973 ". 14. Amendment of s. 45. Section 45 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) omitting from subsection (1) the words " seven per centum " and substituting the words " ten per centum "; (c) adding the following subsections ":- " (2) Every permanent employee may, by notice to the Local Authority in the form and within the time prescribed, elect that the annual contributions to the Fund to be made by the Local Authority in respect of him shall be equal to eight per centum of the salary payable tohim at the date of the first such contribution following his election. (3) A Local Authority that receives from any of its employees a notice of election shall, within one month thereafter, forward a copy of the notice to the Board.". 15. Amendment of s. 46 . Section 46 of the Principal Act is amended by- (a) in subsection (1), omitting the words " an amount equal to seven per centum of such excess " and substituting the words ,,an amount equal to- (a) eight per centum of such excess where he has duly elected under section 45 (2); or (b) ten per centum of such excess where he has not duly elected under section 45 (2) "; (b) in subsection (2), omitting the words " an amount equal to seven per centum of such decrease in salary " and substituting the words " an amount equal to- (a) eight per centum of such decrease in salary where he has duly elected under section 45 (2); or (b) ten per centum of such decrease in salary where he has not duly elected under section 45 (2) ". 16. Amendment of s. 59. Section 59 of the Principal Act is amended by- (a) in subsection (3), adding at the end of the proviso the words ", unless, having regard to the circumstances of the case, the Board considers that the expense occasioned by compliance with that requirement would be unduly detrimental to the interests of the beneficiaries in the estate of the deceased employee or any of them "; (b) in subsection (4), omitting provision (a) and re-designating provisions (b), (c) and (d) as provisions (a), (b) and (c) respectively; (c) in subsection (5), (i) omitting provision (i); (ii) omitting the expressions " (ii) " and " (iii) " and substituting the expressions " (a) " and " (b) " respectively.

Local Government Superannuation Act Amendment Act 1978, No. 49 373 17. Continuity in office of existing Board members . (1) The amendments made by this Act to section 12 of the Principal Act shall not affect the continuity in office of members of the Board in office at the date of commencement of this Act. Notwithstanding the instrument of their appointment to office the term of appointment of members of the Board in office at the date of commencement of this Act shall be until the Board is freshly constituted under subsection (2). (2) At any time after the commencement of this Act the Governor in Council may appoint the whole number of members of the Board and the chairman thereof in accordance with section 12 of the Principal Act as amended by this Act whereupon the term of appointment of the members of the Board immediately before such appointment shall terminate and, unless they have been freshly appointed by such appointment, they shall go out of office. 18. Adjustment of insurances etc. by declared date . (1) The Board may, by its resolution, declare a date subsequent to 30 June 1978 to be the declared date for the purposes of this section. The date so declared is in this section referred to as " the declared date ". Notification of the declaration by the Board shall be published in the Gazette. (2) Subject to the making of appropriate arrangements between the Board and the insurer within the meaning of the Principal Act in that behalf, every insurance cover effected or deemed to have been effected under Part IV of The Local Government Superannuation Act of 1964 or of that Act as amended for the time being and subsisting at the declared date and all arrangements for the payment of contributions by permanent employees of Local Authorities to secure benefits provided under the Local Government Superannuation Act 1964-1978 shall be adjusted so as to make them conform with that Act. The provisions of the Local Government Superannuation Act 1964-1978 shall, with all necessary adaptations, apply in relation to such adjustments as if the same had been made pursuant to section 21 of that Act in consequence of an increase in salary of each permanent employee concerned, such increase being effective on and from the declared date, and for the purpose of so applying those provisions the expression " the said date " occurring in section 21 of that Act shall be read and construed as " the date that is the declared date for the purposes of section 18 of the Local Government Superannuation Act Amendment Act 1978. All such adjustments made shall take effect on and from the declared date. 19. Adjustment of contributions to Local Government ( Employees) Provident Fund . (1) The Board may, by its resolution, declare a date subsequent to 30 June 1978 to be the declared date for the purposes of this section. The date so declared is in this section referred to as " the declared date ". Notification of the declaration by the Board shall be published in the Gazette.

374 Local Government Superannuation Act Amendment Act 1978, No. 49 (2) The contributions required by the Local Government Superannuation Act 1964-1978 to be made to the Local Government (Employees) Provident Fund on behalf of all permanent employees of Local Authorities to whom Part V of that Act applies or otherwise required by that Act to be made to that Fund shall be adjusted so as to make them conform with that Act. The provisions of the Local Government Superannuation Act 1964-1978 shall, with all necessary adaptations, apply in relation to such adjustments as if the same had been made pursuant to section 46 of that Act in consequence of an increase in salary of each permanent employee concerned, such increase being effective on and from the declared date. All such adjustments made shall take effect on and from the declared date. 20. Meaning of " Board ". In this Act the expression " the Board " means The Local Government Superannuation Board constituted by and under the Principal Act.