Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment Rule (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 215 Electricity Act 1976 QUEENSLAND ELECTRICITY SUPPLY INDUSTRY EMPLOYER–FUNDED ACCUMULATIONS SUPERANNUATION FUND AMENDMENT RULE (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Omission of s.2 (Parts of the rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Omission of heading preceding s.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s.3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Insertion of new s.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3A Material that is not part of this rule . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Replacement of s.8 (Eligibility of employees) . . . . . . . . . . . . . . . . . . . . . . . 5 8 Membership of the Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insertion of new s.8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8A Request to employer to make contributions to a different fund . . . . 6 10 Replacement of s.9 (Employer’s contributions) . . . . . . . . . . . . . . . . . . . . . . 7 9 Employer’s contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of s.13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Insertion of new s.13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13A Transfer to the Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment (No. 1) No. 215, 1993 13 Insertion of new ss.15–16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Standards under OSSA apply and prevail . . . . . . . . . . . . . . . . . . . . . 8 16 Practice of and pronouncements by ISC to be considered . . . . . . . . 8

3 Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment (No. 1) No. 215, 1993 ˙ Short title 1. This regulation may be cited as the Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment Rule (No. 1) 1993 . ˙ Amended rules 2. The document— (a) comprising the Schedule to the order in council made under the Act and published in the Gazette on 2 July 1988 at pages 2519–30; and (b) headed Rules of the Queensland Electricity Supply Industry Employer-funded Accumulations Superannuation Fund ; is amended as set out in this regulation. ˙ Commencement 3. This regulation commences on 1 July 1993. ˙ Omission of s.2 (Parts of the rules) 4. Section 2— omit. ˙ Omission of heading preceding s.3 5. Before section 3— omit ‘ INTERPRETATION ’. ˙ Amendment of s.3 (Definitions) 6.(1) Section 3(1)— omit ‘ unless the contrary intention appears ’.

4 Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment (No. 1) No. 215, 1993 (2) Section 3(1) (definitions “Act” , “Eligible Employee” and “Employee” )— omit. (3) Section 3(1)— insert— ‘ “eligible employee” means an employee— (a) who is a member; and (b) in relation to whom the employee’s employer is not required to make contributions in compliance with a request made under section 8A; “employee” means a person who— (a) is employed by an employer; and (b) is an employee within the meaning given by the SuperannuationGuarantee (Administration) Act 1992 of the Commonwealth; “ISC” means the Insurance and Superannuation Commissioner appointed under the Insurance and Superannuation Commissioner Act 1987 of the Commonwealth, or a person appointed to act in the office under that Act; “OSSA” means the Occupational Superannuation Standards Act 1987 of the Commonwealth; “State Public Sector Superannuation Scheme” means the Scheme established by the deed made under the Superannuation (State PublicSector)Act1990 and published in the Gazette on 23 June 1990 at pages 1029–52; “State Service Superannuation Fund” has the meaning given by section 18(1) of the State Service Superannuation Act 1972 ; “the Articles” means the Articles of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme; “the Scheme” has the meaning given by section 353 of the Act; ’.

5 Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment (No. 1) No. 215, 1993 (4) Section 3(2) to (7)— omit. ˙ Insertion of new s.3A 7. After section 3— insert— ˙ ‘Material that is not part of this rule ‘3A. The heading to a Part, and a note appearing in and at the beginning of a section, subsection or paragraph, are not part of this rule. ’. ˙ Replacement of s.8 (Eligibility of employees) 8. Section 8— omit, insert— ˙ ‘Membership of the Fund ‘8. An employee is a member unless— (a) the employee is— (i) a contributor to the State Service Superannuation Fund; or (ii) a member of the State Public Sector Superannuation Scheme; or (iii) a member of the BCC Fund; or (iv) a member of the BCC Provident Fund; or (v) a member of a Local Government Superannuation Scheme; or (b) the employee, immediately on becoming an employee, made a request under section 8A with which the employee’s employer is required to comply. ’.

6 Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment (No. 1) No. 215, 1993 ˙ Insertion of new s.8A 9. After section 8— insert— ˙ ‘Request to employer to make contributions to a different fund ‘8A.(1) An employee— (a) who is not a member, nor eligible to be a member, of the Scheme; and (b) who is a member of the Fund, or has just become an employee and is eligible to be a member of the Fund; may make a request under subsection (2). ‘(2) A request made by an employee under this section— (a) must be in writing, signed by the employee; and (b) is to request the employee’s employer to make contributions— (i) to a superannuation fund nominated by the employee; and (ii) at the rate required by an industrial award or agreement; and (iii) that, if paid, will relieve the employer from having to pay a charge under the SuperannuationGuaranteeChargeAct1992 of the Commonwealth. ‘(3) A superannuation fund may not be nominated under subsection (2)(b)(i) unless it complies with OSSA. ‘(4) The employee may revoke a request by giving the employer a written notice signed by the employee. ‘(5) An employer must comply with a request made by an employee if the employee— (a) is an employee of the employer; and (b) has not revoked the request; and (c) is still a person who may make a request under subsection (1). ’.

7 Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment (No. 1) No. 215, 1993 ˙ Replacement of s.9 (Employer’s contributions) 10. Section 9— omit, insert— ˙ ‘Employer’s contributions ‘9.(1) In relation to each eligible employee who is not a contributor under section 6 or 18 of the Scheme, the employer must make contributions to the Fund— (a) at the rate required by an industrial award or agreement; and (b) that relieve the employer from having to pay a charge under the SuperannuationGuaranteeChargeAct1992 of the Commonwealth. ‘(2) In addition to the contributions under subsection (1), the employer may, at the employer’s sole discretion, make contributions to the Fund on behalf of an employee. ‘(3) The employer must remit the contributions immediately after each pay period in a way directed by the Trustees. ’. ˙ Amendment of s.13 11. Section 13(2)— omit ‘ the Occupational Superannuation Standards Act 1987 (Commonwealth) ’, insert ‘ OSSA ’. ˙ Insertion of new s.13A 12. After section 13— insert— ˙ ‘Transfer to the Scheme ‘13A.(1) If a member is or becomes a member of the Scheme, the Trustees may transfer to the Scheme an amount of the member’s portion of

8 Queensland Electricity Supply Industry Employer-Funded Accumulations Superannuation Fund Amendment (No. 1) No. 215, 1993 the fund, being the whole or part of the member’s accumulated balance, and interest to the date of transfer. ‘(2) The amount transferred under subsection (1) is to be the amount by which a benefit to which the member is entitled under Part 3, 4 or 5 of the Articles would be reduced if the amount had not been transferred. ’. ˙ Insertion of new ss.15–16 13. After section 14— insert— ˙ ‘Standards under OSSA apply and prevail ‘15.(1) If it is necessary to meet requirements under section 7(1) of OSSA, a standard for the time being prescribed under that section that is applicable to the operation of the Fund is taken to be part of this rule. ‘(2) To the extent that this rule and the standard are inconsistent, the standard prevails. ˙ ‘Practice of and pronouncements by ISC to be considered ‘16. Regard may be had to any practice of, or pronouncement by, the ISC to determine the requirements of a standard prescribed under section 7(1) of OSSA. ’. ENDNOTES 1. Made by the Governor in Council on 17 June 1993. 2. Notified in the Gazette on 18 June 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Queensland Electricity Commission. The State of Queensland 1993