Local Government Superannuation Act Amendment Act 1989 (Qld)

566 L O CAL GO VE RN M ENT SU PERA NNUATI O N ACT A MENDM ENT ACT ANALYSIS OF CONTENTS 1. Short title 2. Citation 3. Commencement 4. Repeal of and new long title 5. Amendment of s. 3. Arrangement 6. Amendment of s. 5. Meaning of terms 7. Amendment of s. 14 . Continuation of Board 8. Amendment of s. 26. Delegation 9. Amendment of s. 27. Local Government employees ' superannuation fund 10. Amendment of heading 11. Repeal of and new s. 34 . Contributors to Scheme Members of Scheme 12. Insertion of heading 13. Amendment of s. 36. Local Authorities to make payments to Board 14. New s. 39A Additional contributions to Fund 15. Insertion of new heading and new s. 43A Local Authorities to make payments to Board in respect of eligible employees 16. Repeal of ss. 46 , 47 and 48 and new ss . 46 and 47 Protection of benefits Payment of benefit when employee deceased 17. Repeal of ss. 49, 50, 51 , 52, 53 and new s. 48 Costs of Administration 18. Transfer of monies ueeutslantb ANNO TRICESIMO OCTAVO ELIZABETI AE SECUNDAE REGINAE N o. 40" of 1 948 9 An Act to amend : the Local GovernmentSuperannuation Act1985 -1987 in certain particulars [ASSENTED TO 5TH MAY, 1989]

Local Government Superannuation Act Amendment Act 1989, No. 48 567 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 . This Act may be cited as the Local Government Superannuation Act Amendment Act 1989. 2. Citation . (1) In this Act the Local Government SuperannuationAct 1985-1987 is referred to as the Principal Act. (2) The Principal Act, as amended by this Act, may be cited as the Local Government Superannuation Act 1985-1989. 3. Commencement . (1) Sections 1 and 2 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) the provisions of this Act or such of them as are specified in the Proclamation shall commence on the date or dates appointed by Proclamation. 4. Repeal of and new long title . The Principal Act is amended by repealing the long title and substituting the following long title- "An Act to provide for superannuation benefits for eligible employees of Local Authorities and for related purposes". 5. Amendment of s. 3. Arrangement . Section 3 of the Principal Act is amended by omitting the words "Division 3-Contributions to the Scheme" and inserting the following- "Division 3-Membership of Scheme Division 3A-Contributions of Permanent Employees Division 3B-Contributions of Eligible Employees". 6. Amendment of s. 5 . Meaning of terms. Section 5 of the Principal Act is amended by- (a) in the definition "Board" inserting after the word "Act" the following words:- "under the style and title The Queensland Local Government Superannuation Board"; (b)inserting after the definition "Board" the following definition- "eligible employee" means an employee, including a permanent employee, of a Local Authority or'Local Authorities who pays contributions into the Fund or in respect of whom contributions are paid into the Fund;"; (c) in the definition "Fund" inserting after the word "paid" the following words "and from which all costs and expenses of or in connection with the administration of the Act and Scheme shall be defrayed%

568 Local Government Superannuation Act Amendment Act 1989, No. 48 (d) omitting the definition " permanent employee" and substituting the following definition:- "permanent employee " means an employee of a Local Authority or Local Authorities who:- (a) has been in the continuous employment of a Local Authority or Local Authorities for not less than 12 months; or (b) has been declared in writing by a Local Authority, and notified to the Board, to be a permanent employee for the purposes of the Act; or (c) has notified the Board in writing that he elects, with the agreement of the Local Authority by which he is employed, to become a permanent employee for the purposes of the Act on and from the date specified in that notice (being a date not earlier than a date upon which the employee commenced employment with a Local Authority or Local Authorities). The term includes an employee who is employed by one or more Local Authorities either at the same time or in succession. The term does not include any employee engaged for the purpose of carrying out or working on a particular job or project whose duration of employment by a Local Authority is or is likely to be dependent upon the duration of that job or project. For the purposes of this definition, employment with a Local Authority or Local Authorities ceases to be continuous only when:- (i) it is broken by a period of not less than 60 successive days during which the employee is not employed by a Local Authority or Local Authorities and is not in the position of having accepted an offer of employment by a Local Authority or Local Authorities; or (ii) the Board is otherwise satisfied that the employee has ceased to be employed by a Local Authority or Local Authorities and has no intention of taking up employment with a Local Authority or Local Authorities.". 7. Amendment of s. 14 . Continuation of Board . Section 14 of the Principal Act is amended by inserting before the word "Local" the word "Queensland". 8. Amendment of s. 26. Delegation . Section 26 of the Principal Act is amended in subsection (1), by inserting after the word "Act" the words "or any officer or employee engaged by such person".

Local Government Superannuation Act Amendment Act 1989, No. 48 569 9. Amendment of s. 27. Local Government employees ' superannuation fund . Section 27 of the Principal Act is amended in subsection (2) by- (a) deleting the word "and" where it appears between paragraphs (f) and (g); (b) deleting "." at the end of paragraph (g) and substituting ";"; and (c) adding the following paragraphs following paragraph (g)- "(h) all monies paid into the Fund from time to time pursuant to any other Act, an Act of the Commonwealth, an agreement registered or recognised under an Act or an Act of the Commonwealth or an order of any Court or Tribunal acting under the authority of an Act or an Act of the Commonwealth; and (i) all other monies which any Local Authority or any employee of a Local Authority desires to pay into the Fund in accordance with the Articles or with the consent of the Board to secure the provision, in consideration of such payment, of benefits provided in accordance with the Articles.". 10. Amendment of heading . The Principal Act is amended by omitting between section 33 and section 34 the heading "Division 3- Contributions to the Scheme" and substituting the following heading "Division 3-Membership of Scheme". 11. Repeal of and new s. 34 . Contributors to Scheme . The Principal. Act is amended by repealing section 34 and substituting the following section- "34. Members of Scheme . Unless exempted under section 35 from the application of this Division, every eligible employee shall, by force of this section, become a member of the Scheme at the time contributions are commenced to be made to the Fund by or on behalf of that employee and shall thereafter remain a member of the Scheme until his membership is determined in accordance with the provisions of the Articles.". 12. Insertion of heading . The Principal Act is amended by inserting between section 35 and section 36 the following heading "Division 3A- Contributions of Permanent Employees". 13. Amendment of s. 36. Local Authorities to make payments to Board . The Principal Act is amended by inserting in the heading to section 36 after the word "Board" the following words "in respect of permanent employees". 14. New s. 39A. The Principal Act is amended by inserting after section 39 the following section- "39A. Additional contributions to Fund . Notwithstanding the provisions of sections 38 and 39, a Local Authority, or any 19

570 Local Government Superannuation Act Amendment Act 1989, No. 48 permanent employee of a Local Authority, may, at their discretion, make additional contributions to the Fund in accordance with the Articles, or with the consent of the Board, in order to secure the provision in consideration of such payment, of benefits provided in accordance with the Articles.". 15. Insertion of new heading and new s. 43A . The Principal Act is amended by inserting the following heading and section immediately after section 43:- "Division 3B-Contributions of Eligible Employees 43A. Local Authorities to make payments to Board in respect of eligible employees . Every Local Authority that employs an eligible employee shall pay to the Board in respect of that employee all contributions as are required to be paid from time to time pursuant to any other Act, an Act of the Commonwealth, an agreement registered or recognised under an Act or an Act of the Commonwealth or an order of any Court or Tribunal acting under the authority of an Act or an Act of the Commonwealth.". 16. Repeal of s. 46, 47 and 48 and new ss . 46 and 47. The Principal Act is amended by repealing sections 46, 47 and 48 and substituting the following sections- "46. Protection of benefits . An eligible employee's entitlement to a benefit under the Articles shall not be and is not capable of being in any way assigned, charged, attached, taken in execution or passed by operation of law or otherwise to any person other than:- (a) the eligible employee entitled thereto; or (b) a person to whom the Board has resolved to make a payment pursuant to section 47. A benefit payable on the death of an eligible employee shall not be assets for the payment of his debts or liabilities. 47. Payment of benefit when employee deceased . (1) Where a benefit is payable pursuant to the Articles by reason of the death of an eligible employee, the benefit shall be .paid by the Board to:- (a) the spouse or dependant child (or both) of the deceased; or (b) a person or body to be held on trust for the maintenance of the spouse or dependant child (or both) of the deceased; or (c) the person (if any) nominated by the deceased as his beneficiary for the purposes of this section in

Local Government Superannuation Act Amendment Act 1989, No. 48 571 accordance with the provisions of the Articles in that regard; or (d) the legal personal representative of the deceased; or (e) such other person or persons (if any) as appear to the Board to be legally entitled thereto. (2) The Board may pay the whole of a benefit payable upon the death of the deceased to any person referred to in subsection (1) or may allocate the benefit between any two or more persons or groups of persons referred to in subsection (1) in either case as the Board in its absolute discretion shall determine. (3) A payment made under subsection (1) shall be a good defence to any demand made against the Board in respect of a benefit payable consequent upon the death of an eligible employee by any other person as next of kin, legatee, nominated beneficiary or legal personal representative of the deceased. (4) An acknowledgement of payment of a benefit pursuant to subsection (1) signed by the person or persons receiving the benefit from the Board shall release the Board from any obligation to pay further monies by way of benefit from the Scheme in respect of the deceased employee. (5) For the purposes of this section- "spouse" means in relation to the deceased eligible employee, the husband or wife of that person and includes a husband or wife who has been divorced and who has not remarried before the death of that employee if he or she is receiving or entitled to receive maintenance from that employee at the time of that employee's death; the term also includes a person who has lived in a connubial relationship with the employee for a continuous period of three years at the least terminating on the employee's death; "dependant child" includes in relation to the deceased eligible employee any child, stepchild or adopted child of that employee or of the spouse of that employee who was at the time of the employee's death- (a) under the age of 18 years; and (b) wholly or substantially maintained by the deceased employee at the time of his death.". 17. Repeal of ss. 49, 50, 51, 52, 53 and new s. 48. The Principal Act is amended by repealing sections 49, 50, 51, 52 and 53 and substituting the following section- "48. Costs of Administration. All costs and expenses of or in connection with the administration of this Act and the Scheme shall be defrayed from the Fund.".

572 Local Government Superannuation Act Amendment Act 1989, No. 48 18. Transfer of Monies . (1) Upon commencement of this section:- (a) the Board shall pay into the Fund all monies standing to the credit of the Local Government Superannuation (Management) Fund; and (b) all investments representing monies standing to the credit of the Local Government Superannuation (Management) Fund shall be deemed to thereafter represent monies standing to the credit of the Fund and to form part of the Fund. (2) Nothing in subsection (1) or the Principal Act shall operate to affect any contract entered into by the Board with any person or body with respect to the investment of money forming part of the Local Government Superannuation (Management) Fund prior to the commencement of this section and any such contract shall continue in force until terminated by the parties or either of them in accordance with its terms or by effluxion of time or otherwise by operation of law.