State Service Superannuation Act 1972 (Qld)

Queensland STATE SERVICE SUPERANNUATION ACT 1972 Reprinted as in force on 22 December 1995 (includes amendments up to Act No. 57 of 1995) Warning—see last endnote for uncommenced amendments Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 22 December 1995. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • update references (pt 4, div 3) • express gender specific provisions in a way consistent with current drafting practice (s 24) • use gender neutral office names (s 25) • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use conjunctives and disjunctives consistent with current drafting practice (s 28) • use expressions consistent with current drafting practice (s 29) • reorder definitions and other provisions consistent with current drafting practice (ss 30 and 30A) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (ss 37 and 39) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43) • correct minor errors (s 44) • make all necessary consequential amendments (s 7(1)(k)). Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in the reprint, including— • table of changed names and titles • table of changed citations and remade laws • table of obsolete and redundant provisions • table of corrected minor errors • table of renumbered provisions.

Queensland STATE SERVICE SUPERANNUATION ACT 1972 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3A Act not to apply to certain officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3B Contributors may elect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3C Transfer of functions or duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4A Ascertainment of certain final average salaries . . . . . . . . . . . . . . . . . . . . . . 18 PART 2—ADMINISTRATION 6 State Service Superannuation Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 12 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 13 Manager of the fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 14 Proceedings of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16 Reports by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17 Appointment of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 18 The fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 18A Investment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 19 Triennial investigation by actuary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 3—CONTRIBUTIONS 20 Obligation of officers to contribute to the fund . . . . . . . . . . . . . . . . . . . . . . . 25 21 Commencement and cessation of contributions . . . . . . . . . . . . . . . . . . . . . . 28 22 Time and manner of paying contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

2 State Service Superannuation Act 1972 23 Suspension of contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 24 Rates of contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 24A Provision for female contributors to contribute for benefits under pt 4, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 25 Further provisions re contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 4—BENEFITS AND PAYMENTS Division 1—Contributors’ pensions and other benefits 26 Calculation of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 27 Rights of contributors for category A benefits . . . . . . . . . . . . . . . . . . . . . . . . 41 28 Rights of continuing contributors for category A benefits . . . . . . . . . . . . . . 45 29 Rights of contributors for category B benefits . . . . . . . . . . . . . . . . . . . . . . . . 46 30 Rights of continuing contributors who are contributors for category B benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 30A Benefits upon retirement before age 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 30B Benefits upon retrenchment, involuntary termination etc. . . . . . . . . . . . . . . 52 30C Construction of pension benefit formula in certain cases and transfer of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 30D Recoupment of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 30E Minimum benefit payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 2—Benefits upon contributor’s death 31 Entitlement to benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 31A Relicts’ right to substitute pension for entitlement . . . . . . . . . . . . . . . . . . . . 60 31B Entitlement of relict of person on staff of Agent-General for Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 3—Children’s pensions 32 Child’s pension—when payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 33 Commencement and cessation of children’s pensions . . . . . . . . . . . . . . . . . 70 34 Persons to whom a child’s pension is payable . . . . . . . . . . . . . . . . . . . . . . . 71 Division 4—Refund of contributions 35 Refund of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 5—Adjustment of pensions 36 Increases in rates of benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 36A Adjustment of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

3 State Service Superannuation Act 1972 36B Further adjustment of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 36C Variation of entitlement to adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 6—General provisions as to pensions 37 Duration of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 38 Time and manner of payment of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 39 Payment to person other than the beneficiary . . . . . . . . . . . . . . . . . . . . . . . . 82 40 Commencement of benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 40A Provision for incapacity entitlement of contributor reduced in salary by redeployment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 41 Entitlement to receive incapacity pension . . . . . . . . . . . . . . . . . . . . . . . . . . 83 42 Proof of continued incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 43 Failure of incapacity pensioner restored to health to resume employment affects entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 44 Incapacity pension may be suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 45 Contribution by retired incapacity pensioners upon re-employment . . . . . . 86 46 Right to prepay contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 46A Recovery of overpayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 7—Conversion of pension entitlement into a lump sum payment 47 Right of contributor to convert pension into a lump sum . . . . . . . . . . . . . . . 88 48 Endowment benefit in lieu of relict’s pension . . . . . . . . . . . . . . . . . . . . . . . . 100 Division 7A—Elections to surrender potential relicts’ entitlements of pre-1984 members and married relicts’ entitlements 48A Definitions for div 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 48B Election to surrender potential relict’s entitlement . . . . . . . . . . . . . . . . . . . . 102 48C Election to surrender married relict’s entitlement . . . . . . . . . . . . . . . . . . . . . 103 48D Making of election to surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 48E Effect of surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 48F Application of Acts Interpretation Act 1954, s 20A, to division . . . . . . . . . 104 48G Expiry of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Division 8—Miscellaneous 49 Benefits payable to certain members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 PART 5—FINANCIAL PROVISIONS 50 Cost of administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

4 State Service Superannuation Act 1972 51 Contributions to the fund by the State and by State authorities . . . . . . . . . 105 52 Employers’ contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 53 Accounts to be kept by the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 PART 6—MISCELLANEOUS 54 Assignment of pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 55 When fund charged with defalcations by contributors . . . . . . . . . . . . . . . . . 109 56 When officer may continue to contribute after resignation . . . . . . . . . . . . . 109 57 Determination of questions arising under this Act . . . . . . . . . . . . . . . . . . . . 110 58 Settlement of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 59 Unclaimed moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 60 Barring of claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 61 Fund to be exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 62 Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 63 Entitlements in respect of beneficiary who becomes an officer . . . . . . . . . 114 64 Medical examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 64A Conversion from category B to category A benefits in certain cases . . . . . 116 64B Rectification of contributor’s status falsely induced . . . . . . . . . . . . . . . . . . . 116 65 Calculation of benefits based on contributions of officers . . . . . . . . . . . . . . 119 66 Discretionary powers of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 67 Provisions in respect of officer accidentally excluded from contributing . . 120 68 Rates or amounts of pensions etc. to be rounded off . . . . . . . . . . . . . . . . . . . 121 69 No interest on certain payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 70 False declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 70A Information to contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 71 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 72 Board may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 PART 7—APPLICATION OF PUBLIC SERVICE SUPERANNUATION ACT 1958 73 Application of Public Service Superannuation Act 1958 . . . . . . . . . . . . . . . 124 PART 8—SAVINGS AND TRANSITIONAL 74 Saving of existing orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 SCHEDULE 1A . . . . . . . . . . . . . . . . . . . . . . 127 PART 1—COMMUTATION FACTORS

5 State Service Superannuation Act 1972 PART 2—COMMUTATION FACTORS SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 132 FACTORS FOR BENEFITS UPON DEATH OF CONTRIBUTORS WHO DIE BEFORE AGE 60 SCHEDULE 3A . . . . . . . . . . . . . . . . . . . . . . 133 FACTORS FOR BENEFITS UPON DEATH OF CONTRIBUTORS WHO DIE AT AGE 60 OR BETWEEN AGES 60 AND 65 SCHEDULE 3B . . . . . . . . . . . . . . . . . . . . . . 135 FACTORS FOR RELICTS OF PENSIONERS SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 136 FACTORS FOR LUMP SUM BENEFITS OF CONTRIBUTORS WHO RETIRE BETWEEN AGES 55 AND 60 SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 138 PART 1—MALE CONTRIBUTORS; AND FEMALE CONTRIBUTORS WHO COMMENCED ON OR AFTER 27.2.1984 PART 2—FEMALE CONTRIBUTORS WHO COMMENCED BEFORE 27.2.1984 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 143 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 155 7 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . 155 8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 156 9 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 11 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 159 12 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161

s1 7 s3 State Service Superannuation Act 1972 STATE SERVICE SUPERANNUATION ACT 1972 [as amended by all amendments that commenced on or before 22 December 1995] An Act relating to the provision of superannuation benefits for officers of the State service, to make provision for the families of those officers, and for other purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the State Service Superannuation Act 1972 . ˙ Application of Act 3.(1) Subject to any provision of this Act that prescribes for the application of any provision of this Act, this Act applies to and in relation to— (a) a person who becomes an officer on or after the commencement of this Act; and (b) a person— (i) who was an officer within the meaning of the 1958 Act immediately before the commencement of this Act; and (ii) who continues on the said commencement to be an officer; and (iii) who is not a continuing contributor; and (c) a continuing contributor; and (d) a person to whom the 1958 Act, section 46 relates who again

s3 8 s3 State Service Superannuation Act 1972 becomes an officer after the commencement of this Act; and (e) a relict of any person referred to in paragraph (a), (b), (c) or (d); and (f) a child of any person referred to in paragraph (a), (b), (c), (d) or (e) or of a deceased or divorced spouse of any such person other than— (i) in the case of a child of a relict—a child born on or after the passing of the SuperannuationActsAmendmentAct1984 and the death of the contributor or pensioner that is not the issue of the contributor or pensioner; and (ii) in the case of a child of a divorced spouse—a child that is not the issue of the contributor or pensioner; but unless an officer being a person to whom paragraph (b) relates— (g) who, not being bound to contribute under the 1958 Act unless the officer elected so to do, did not so elect before the commencement of this Act; or (h) who was not a contributor under the 1958 Act immediately before the said commencement by reason that the officer had been wholly exempted by the board from the requirement to contribute under that Act or that the officer’s liability to so contribute had been deferred without limit of time; elects to contribute under this Act within a period of 6 months after the commencement of the Superannuation Acts Amendment Act 1974 , this Act shall be deemed not to apply, or to have at any time applied, to and in relation to that officer. (2) An officer being a person who was eligible to become a contributor under this Act before the commencement of the SuperannuationActsAmendment Act 1978 but not bound to contribute under this Act unless the officer elected so to do may, notwithstanding that the officer did not elect to contribute under this Act within the time prescribed and the provisions of subsection (1) with respect to the non-application of this Act to an officer upon the officer’s failure to so elect, elect to contribute under this Act on or before 31 December 1978 but unless the officer does so elect this Act shall be deemed not to apply or to have at any time applied to or in relation to that officer.

s 3A 9 s 3C State Service Superannuation Act 1972 ˙ Act not to apply to certain officers 3A. Notwithstanding section 3, on and after the date of commencement of section 3.2 of the Superannuation (Miscellaneous Acts) Amendment Act1991 , no officer may become a contributor other than a person who on becoming an officer— (a) is permitted to contribute to the fund in accordance with section 4(9); or (b) makes an election under section 35(2B). ˙ Contributors may elect 3B.(1) The Governor in Council may, by regulation, declare that a contributor may elect to become a member of a scheme for the provision of superannuation, retirement, provident or other benefits comparable to the class of benefits available to the contributor under this Act. (2) The regulation is to declare the conditions on which a contributor may elect to become a member of a scheme referred to in subsection (1). (3) This Act and the 1958 Act cease to apply to a contributor who becomes a member of a scheme referred to in subsection (1) pursuant to an election made under this section. (4) In respect of a contributor who makes an election under this section, the actuary is to determine an amount that represents the contributor’s entitlement under this Act and the 1958 Act. (5) The amount determined under subsection (4) is to be paid on behalf of the contributor in such manner as is prescribed by regulation. ˙ Transfer of functions or duties 3C.(1) Where a contributor is transferred from the Crown to any other person or body as a result of the transfer from the Crown to that person or body of any function or duty, the Governor in Council may, by regulation, declare that the contributor may elect to continue to be an officer for the purposes of this Act. (2) The regulation is to declare— (a) the conditions on which a contributor may elect to continue to be

s 4 10 s 4 State Service Superannuation Act 1972 an officer for the purposes of this Act; and (b) the manner in which the entitlement under this Act and the 1958 Act of a contributor who does not elect to continue as an officer for the purposes of this Act may be dealt with. ˙ Interpretation 4.(1) In this Act— “actuary” means a fellow or associate of the Institute of Actuaries (London), a fellow or associate of the Faculty of Actuaries (Edinburgh), or any other person whose actuarial knowledge and experience the Governor in Council deems sufficient, appointed under this Act. “age for retirement” means the age of 65 years. “board” means the State Service Superannuation Board constituted under section 6. “child’s pension” means a pension payable under part 4, division 3. “continuing contributor” means a contributor who immediately before the commencement of this Act was a contributor under the 1958 Act and who on the said commencement continued to be a contributor under the said Act and includes— (a) a person to whom section 24(3) relates who having been a contributor under the 1958 Act or an Act repealed by that Act again becomes an officer after the commencement of this Act; (b) a person who became an officer before the said commencement and who had elected, or was required, to contribute to the fund under the 1958 Act but who had not commenced his or her contributions before that commencement. “contributor” means an officer who contributes under this Act to the fund and includes— (a) an officer who is required to contribute thereto but has not commenced his or her contributions; (b) an officer who has ceased to contribute thereto by reason of his or her age or incapacity.

s 4 11 s 4 State Service Superannuation Act 1972 “contributor for category A benefits” means a contributor whose contributions to the fund entitle the contributor, in addition to any other benefits to which the contributor may be entitled under this Act, to an incapacity pension irrespective of the contributor’s length of service. “contributor for category B benefits” has the meaning assigned to that expression by section 20(3) and includes a contributor deemed to be such under section 20(4). “contributor’s pension” means a pension that is payable under this Act to a contributor other than an incapacity pension. “Crown” means the Crown in the right of the State of Queensland and without limiting the generality of the meaning thereof includes any commission, commissioner, corporation, board, instrumentality or person representing the Crown in the right of the State of Queensland. “final average increase in salary” , in relation to a continuing contributor, means the amount by which— (a) the contributor’s final average salary exceeds— (b) the fortnightly salary that the member would have received during the year immediately preceding the contributor’s attaining the age for retirement or the contributor’s earlier retirement from or death in service had the contributor’s salary remained constant at the rate in force at the date immediately before the commencement of this Act or, where the contributor is a person to whom section 24(3) relates, the rate in force at the date when the contributor was retired on the grounds of incapacity as mentioned in that subsection. “final average salary” means— (a) in relation to a contributor who, on or after the passing of the SuperannuationActsAmendmentAct1984 , attains the age for retirement or earlier retires from employment as an officer otherwise than by retiring or being retired on grounds of incapacity and who, after the passing of that Act and during the 2 years immediately preceding the contributor’s attaining the age for retirement or the contributor’s earlier retirement, has received 1 or more increases in salary other than an increase in salary that,

s 4 12 s 4 State Service Superannuation Act 1972 in the board’s opinion, is due to a variation in or a general ruling affecting an industrial award or industrial agreement, within the meaning of those expressions in the Industrial Conciliation and Arbitration Act 1961 , or is a flow-on from such a variation or general ruling, or is a regular increment to which the contributor is entitled under the terms and conditions of the contributor’s employment the final average salary ascertained in accordance with section 4A; (b) in relation to any other contributor—the average fortnightly salary received by the contributor during the year immediately preceding the contributor’s attaining the age for retirement or the contributor’s earlier retirement from or death in employment as an officer. “fund” means the State Service Superannuation Fund preserved, continued in existence and established under this Act. “incapacity” means any mental or bodily infirmity by reason whereof an officer is unfit to discharge or incapable of discharging the duties of office efficiently. “incapacity pension” means a pension that is payable under this Act to a contributor who before attaining the age for retirement is retired or permitted to retire on the grounds of incapacity not due to wilful action on the part of such person for the obtaining of such pension or that is payable under this Act to a contributor in respect of any period of leave of absence without salary for longer than 2 weeks, by reason of incapacity, from the contributor’s employment as an officer and who, in either case, has satisfied the board as required by section 41. “involuntary termination of employment” means the termination of a contract of employment by the Crown or other authority (howsoever described) which employs a contributor without the consent of the contributor other than termination by dismissal on the ground of misconduct or incapacity or retrenchment in accordance with arrangements approved by the Governor in Council. “manager” means the manager of the fund and the chief executive officer of the board and includes the person who for the time being occupies that office or performs the duties of the office. “medical practitioner” means a medical practitioner or a specialist within

s 4 13 s 4 State Service Superannuation Act 1972 the meaning of the Medical Act 1939 , section 4. “net earning rate of the fund” means the rate of interest as determined by the board, from time to time, on the advice of the actuary which rate, at the time it is determined, reasonably reflects the after tax earnings of the fund (on a long-term basis) derived from the investment of contributors’ contributions to the fund, having regard to administrative costs of the fund, the costs of death and incapacity benefits and the charges incurred in the investment of those contributions. “officer” means any person employed full-time by or under the Crown, in the opinion of the board, in a permanent capacity, and includes— (a) any person employed full-time in a permanent capacity by a university established under an Act of this State and who is employed full-time in an office prescribed by regulation for the purposes of section 20(10) and who, being eligible so to do, makes an election to contribute under section 20(11) and who has not made an election under section 20(12) to cease contributing; (b) any person employed full-time in a permanent capacity by the Board of Advanced Education, the Board of Teacher Education or a council of a college of advanced education constituted under the Education Act 1964 ; (ba) any person employed full-time in a permanent capacity by an agricultural college board under the AgriculturalCollegesAct1994 ; (bb) any person employed full-time in a permanent capacity by the Port of Brisbane Corporation; (bc) any person employed full-time in a permanent capacity by the Metropolitan Transit Authority constituted under the MetropolitanTransit Authority Act 1976 ; (c) subject to section 20(8), any temporary employee employed full-time in the public service as defined by the Public Service 1922 who has been so employed for not less than 1 year and, in relation to such employment, has been exempted by the Governor in Council upon the recommendation of the Public Service Board from the operation of section 18(3)(v) of that Act and whose employment is not for a specified period of less than 5 years;

s 4 14 s 4 State Service Superannuation Act 1972 (d) any person permanently employed full-time— (i) in the Railway Department under and within the meaning of the Railways Act 1914 ; (ii) by a Regional Health Authority established under the HealthServices Act 1991 ; (iv) by the Manager of the Golden Casket Art Union in the conduct and administration thereof; (da) any contributor who elects to continue to be an officer for the purposes of this Act under a regulation made for the purposes of section 3C(1); (db) a person approved by regulation for the purposes of this paragraph; but does not include— (e) a judge of the Supreme Court, or of a District Court; (f) a police officer; (g) a person excepted from this Act by regulation. For the purposes of this definition, a person who is employed in service governed by an industrial award or industrial agreement shall be taken not to be employed full-time unless the award or industrial agreement specifies a working week of 30 hours at the least. “pensioner” means a person who is entitled to a pension under this Act and includes a person who, but for an election under section 47, would be entitled to such a pension. “relict” means, in relation to a person who has died and was at the date of death a contributor or pensioner— (a) a person who was legally married to the deceased person at the date of death and, in the case of a deceased pensioner, at the date of the deceased pensioner’s attaining the age for retirement or the deceased person’s earlier final retirement from employment as an officer; and (b) a person who, for a continuous period of 3 years at the least immediately preceding the date of death of the deceased person or, in the case of a deceased pensioner, for a continuous period of

s 4 15 s 4 State Service Superannuation Act 1972 3 years at the least immediately preceding the date of the deceased pensioner’s attaining the age for retirement or of the deceased pensioner’s earlier final retirement, had ordinarily lived in a connubial relationship with the deceased person, and who in the board’s opinion was wholly or substantially dependent on the deceased person at the date of death. “relict’s pension” means a pension payable under part 4, division 2. “retired” , in relation to employment as an officer, means retired or required to retire from that employment by the Public Service Board or by the person or authority other than the board thereunto authorised by law. “salary” means— (a) in relation to an officer appointed as a member of the Land Court or a commissioner of the Industrial Conciliation and Arbitration Commission on or after the passing of the Superannuation ActsAmendment Act 1984 and who is to be deemed to be an officer, the rate of payment that would have been made to the officer by way of fixed remuneration for the officer’s services had the officer remained in the position held by the officer as an officer immediately before the officer’s appointment as such a member or commissioner; and (b) in relation to any other officer, the rate of payment made to the officer by way of fixed remuneration for the officer’s services, unless otherwise determined by the Governor in Council, and does not include any sum paid by way of fees or allowances except, in the case of an officer employed as a teacher, a sum paid to the officer as an allowance based on the number of pupils attending the school in which the officer is employed. “service” means any period during which a person contributes, whether before or after the commencement of this Act, to the fund under this Act, the 1958 Act or any Act repealed by the 1958 Act and includes— (a) any period in respect of which the person is or was required to contribute thereto and before the first of the person’s contribution is or was paid to the fund; and (b) any period during which contribution to the fund is or was suspended under this Act, section 23 or the 1958 Act, section 26;

s 4 16 s 4 State Service Superannuation Act 1972 and (c) in the case of a continuing contributor—any unbroken period during which the person was employed by or under the Crown or a person or authority referred to in the 1958 Act, section 4, definition “officer” immediately before becoming a contributor under that Act. “spouse” means, in relation to any person, the male or female upon whose death the person has become or would become a relict of that male or female. “the 1958 Act” means the Public Service Superannuation Act 1958 . (2) For the purposes of subsection (1), definition “service”— (a) where a person having been retired or permitted to retire from the person’s employment as an officer and having been in receipt of an incapacity pension under this Act or incapacity benefit under the 1958 Act or incapacity allowance preserved and continued by that Act, again becomes an officer—the period during which the person was so absent shall be deemed to comprise part of the person’s service; and (b) where a person has received a refund of the person’s contribution to the fund whether under this Act or, in relation to annuity benefit, under the 1958 Act or any Act repealed by that Act and has subsequently recommenced contributing to the fund—the person’s employment before the date on which the person recommenced shall be deemed not to comprise part of the person’s service except where the person has received the refund in connection with having made an election under section 35(2); and (c) in the case of a continuing contributor whose employment as specified in paragraph (c) of the definition was in the opinion of the board, broken only by the continuing contributor’s employment with a public authority prescribed by the Minister for the purposes of this paragraph—the period of employment as firstmentioned in this paragraph shall be deemed not to have been broken by the employment with the public authority but shall not include any period during which the continuing contributor was employed with the public authority.

s 4A 17 s 4A State Service Superannuation Act 1972 (3) For the purpose of ascertaining the final average salary of a person who is a pensioner or has died in service as an officer the salary received by that person during the period of 1 year immediately preceding the person’s attaining the age for retirement or the person’s earlier retirement from or death in service shall include any increase in salary of a position held by the person at any time during that period or, in the case of a member of the Land Court or a commissioner of the Industrial Conciliation and Arbitration Commission who is deemed to be an officer, in the salary that by definition is the person’s salary for the purposes of this Act, being an increase that takes effect from a date within that period. (4) For the purposes of subsection (1), definition “final average salary”, a reference to the period of 1 year immediately preceding attaining the age for retirement or earlier retirement from or death in service shall, in the case of a contributor whose length of service at the time of retirement or death is less than 1 year be read as a reference to the contributor’s actual period of service. (5) For the purposes of subsection (1), definition “final average increase in salary”, a reference to the period of 1 year immediately preceding attaining the age for retirement or earlier retirement from or death in service shall be a reference to a period after the commencement of this Act and shall in the case of a continuing contributor whose length of service after the commencement of this Act at the time of retirement or death is less than 1 year, be read as a reference to the contributor’s actual period of service after the said commencement. (6) A reference in this Act to a period expressed in years shall, where appropriate, be read as including a reference to a period expressed in years together with a fraction of a year being a fraction consisting of a completed whole month or 2 or more such months. (7) Where at any time during the period of 1 year immediately preceding the time of attaining the age for retirement or earlier retirement from or death in service a contributor has been absent on leave of absence on less than full pay the contributor’s final average salary or the contributor’s final average increase in salary shall be calculated as if the contributor continued to receive full pay during the whole of that period. (8) For the purposes of this Act where a person is appointed on probation to a permanent position as an officer within the meaning of this Act that person shall, during the period of probation, be deemed to be an officer and

s 4A 18 s 4A State Service Superannuation Act 1972 be required to contribute to the fund and if that person’s probationary appointment is not confirmed the person is entitled to a refund of the person’s contribution to the fund. (9) Where a person ceases to be an officer within the meaning of subsection (1) but before the expiration of 1 month after ceasing again becomes such an officer, the person may, where the board so approves (whether subject to conditions or unconditionally) on the written application of that person, be permitted to contribute to the fund in respect of the period between the person so ceasing to be an officer and the person again becoming an officer and where with the approval of the board a person is permitted to contribute to the fund under this subsection that person shall, for the purposes of this Act be deemed to be and to have been an “officer” within the meaning of subsection (1) during the period in respect of which the person so contributes and this Act shall apply in relation to the person accordingly. (9AA) An application under this subsection shall be made within 3 months after the person again becomes an officer. (9A) Notwithstanding any other provision of this Act, where the employment of a contributor as an officer ceases at any time after the contributor has attained the age of 55 years otherwise than by reason of the contributor’s death or having been retired or permitted to retire on the ground of incapacity then, for the purposes of this Act, the contributor shall be deemed to have elected to retire at the time when the employment ceased. (11) Without prejudice to the operation of the Acts Interpretation Act1954 , except where a contrary intention appears, a reference ‘he’, ‘him’ or ‘his’ in this Act includes a reference ‘she’, ‘her’ or ‘her’ and every word of the masculine gender shall be construed as including the feminine gender. ˙ Ascertainment of certain final average salaries 4A.(1) Where a contributor, on or after the passing of the Superannuation Acts Amendment Act 1984 , retires from employment as an officer otherwise than by retiring or being retired on the ground of incapacity and has received t increase(s) in salary (where t is a positive whole number) being any prescribed increase or increases in salary received by the contributor on or after the passing of that Act and during the 2 years immediately preceding attaining the age for retirement or earlier retirement,

s 6 19 s 6 State Service Superannuation Act 1972 the contributor’s final average salary shall be ascertained in accordance with the formula— if t = 1 FAS t = A + [ (B t – A) n t ] [ 24] if t is greater than 1 where— FAS t = FAS t -1 + [ (B t – B t – 1 ) n t ] [ 24 ] “A” means the contributor’s final average salary had the contributor not received any prescribed increases in salary. “B t ” means the contributor’s final average salary had the contributor received the t th prescribed increase in salary for the period of 1 year immediately preceding attaining the age for retirement or earlier retirement from employment as an officer. “FAS t ” means the final average salary after t prescribed increase(s) in salary to be ascertained. “n t ” represents the number of whole months from the date on which the contributor received the t th prescribed increase in salary until the day immediately preceding the day the contributor attained the age for retirement or earlier retirement from employment as an officer. (2) For the purposes of subsection (1) an increase in salary is a prescribed increase in salary if it is one such that pursuant section 4, definition “final average salary”, paragraph (a) a final average salary is to be ascertained in accordance with this section. PART 2—ADMINISTRATION ˙ State Service Superannuation Board 6.(1) There shall be constituted and maintained for the purposes of this Act and the 1958 Act a board to be known as the ‘State Service Superannuation Board’. (2) The board shall be a body corporate and shall have perpetual

s 12 20 s 13 State Service Superannuation Act 1972 succession and a common seal and shall be capable in law of— (a) suing and being sued in its corporate name; and (b) acquiring, holding, leasing, letting and disposing of property, real and personal; and (c) doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (3) The members of the board constituted for the purposes of the Superannuation (Government and Other Employees) Act 1988 are also the members of the State Service Superannuation Board. (4) The board shall have the powers, authorities, duties and functions conferred or imposed upon it by this Act or the 1958 Act. ˙ Remuneration 12. A member of the board is entitled to be paid the fees and allowances decided by the Governor in Council. ˙ Manager of the fund 13.(1) The Governor in Council may from time to time appoint a manager of the fund. (1A) A member of the board may in addition to that office hold the appointment of manager of the fund. (2) The manager of the fund shall be the executive officer of the board. (3) The manager of the fund shall have, exercise and perform such powers, authorities, duties and functions as may be prescribed by this Act or the 1958 Act or, in so far as not prescribed, as the board may authorise or direct. (4) The manager of the fund shall have custody of the official seal of the board and, subject to the board, shall have power to execute documents and other writings whatsoever on behalf of the board and affix the seal of the board thereto or to any of them.

s 14 21 s 15 State Service Superannuation Act 1972 ˙ Proceedings of the board 14.(1) The board shall meet at such times and places and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time determine. (2) Not less than 5 members of the board shall form a quorum at any meeting of the board, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the board and shall have and may exercise and perform all the powers, authorities, duties and functions of the board. (3) The chairperson shall preside at all meetings of the board at which the chairperson is present. (4) If the chairperson is not present at a meeting of the board the chairperson’s nominee (referred to in section 6(6)) shall preside at the meeting and act in the place of the chairperson and, while so acting, shall have all the powers and authority of the chairperson. (5) If neither the chairperson nor the chairperson’s nominee is present at a meeting of the board, the members present shall elect 1 of their number who shall preside at the meeting. (6) The person presiding at any meeting of the board shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote. (7) No act or proceeding of the board shall be invalid or illegal in consequence only of the number of the members of the board not being complete at the time of such act or proceeding. (8) All acts and proceedings of the board shall, notwithstanding any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member had been duly appointed and was qualified and entitled to act and had acted as a member of the board, and as if the board had been properly and fully constituted. ˙ Delegation by board 15. The board may delegate its powers under this Act to—

s 16 22 s 18 State Service Superannuation Act 1972 (a) a board member or officer of the board; or (b) an officer of the public service. ˙ Reports by board 16.(1) The board shall in each year make to the Minister a report upon the administration of this Act and the 1958 Act, and the Minister shall lay a copy of that report before the Legislative Assembly. (2) When and so often as the Minister may require, the board shall make to the Minister such report as the Minister requires concerning the administration of this Act and the 1958 Act. ˙ Appointment of officers 17.(1) The Governor in Council may from time to time appoint officers including an actuary as the Governor in Council deems necessary for the effectual administration of this Act and the 1958 Act. (2) Every appointee, save the actuary, shall be appointed and hold office under, subject to and in accordance with the Public Service Managementand Employment Act 1988 . (3) The actuary may be appointed under the Public Service Managementand Employment Act 1988 but if not appointed thereunder, the actuary shall be appointed for such term, at such remuneration, and upon such conditions, as the Governor in Council determines. (4) Any person may be appointed to hold any such office in conjunction with any other office held by the person under the PublicServiceManagement and Employment Act 1988 . ˙ The fund 18.(1) For the purposes of this Act and the 1958 Act, the Public Service Superannuation Fund as established in the Treasury immediately before the passing of this Act is hereby preserved, continued in existence and established in the Treasury under this Act under the name ‘State Service Superannuation Fund’. (2) All contributions and payments by officers provided for in this Act or

s 18A 23 State Service Superannuation Act 1972 s 18A in the 1958 Act shall be paid into the fund. (3) Save the costs of administering this Act and the 1958 Act, all benefits and other payments provided for in this Act and in the 1958 Act shall be paid from the fund. (4) Moneys for the time being standing to the credit of the fund shall be invested on account of the fund and earnings from investment of those moneys shall be credited to the fund. (5) Subject to this Act the provisions relating to trust and special funds of the Financial Administration and Audit Act 1977 shall apply to the fund. ˙ Investment of fund 18A.(1) Queensland Investment Corporation ( “QIC” ) is appointed investment manager of the fund. (2) The board must establish investment policies and objectives for the fund. (3) The investment manager must operate under the investment policies and objectives. (4) The investment manager must give the board or its agent all necessary information to enable them to monitor the investment manager’s performance. (5) If the Governor in Council is satisfied it is appropriate for another investment manager to be appointed for the fund or a stated part of the fund in the interests of the board’s fiduciary responsibilities or the members of the fund generally, the Governor in Council may, by regulation— (a) revoke QIC’s appointment as investment manager in whole or in part from a stated date; and (b) make provision for anything necessary to secure the fund. (6) If QIC’s appointment is revoked, the board may appoint a new investment manager of the fund, or a stated part of the fund, with the Governor in Council’s approval.

s 19 24 s 19 State Service Superannuation Act 1972 ˙ Triennial investigation by actuary 19.(1) An investigation as to the state and sufficiency of the fund as at the 30 June 1973 shall be undertaken and completed as soon as practicable after that date and thereafter shall be undertaken and completed periodically as to the state and sufficiency of the fund for the time being so that there shall not be a period longer than 5 years between successive such investigations provided that as from 30 June 1990 the period between each successive investigation is to be 3 years. (2) The investigation shall be made by the actuary. (3) The actuary shall report to the board the result of the actuary’s investigation including with respect to— (a) the sufficiency of the contributions to and the actuarial soundness of the fund either generally or in respect to any particular benefit whether under this Act or the 1958 Act; and (b) whether the state of the fund requires any adjustments to be made in the prescribed amounts of contributions or of the benefits under this Act; and (c) whether the state of the fund requires any adjustments to be made in the prescribed amounts of the units respectively of annuity benefit, incapacity benefit, assurance benefit (including additional assurance benefit) under the 1958 Act and any benefit preserved and continued by that Act or in the rates of contributions for units respectively for those benefits or any of them; and (d) if a surplus is shown the manner in which such surplus may be dealt with; and (e) whether any change should be made in the basis on which, or the extent to which, pensions and benefits may be converted into lump sum payments pursuant to this Act, part 4, division 7 or the 1958 Act, part 4, division 5A; and (f) whether any change should be made in the proportion in which contributions required to be paid to the fund by the Crown shall be paid; and (g) any other actuarial matter affecting the fund as may be required by the board;

s 20 25 s 20 State Service Superannuation Act 1972 and shall make in the actuary’s report such recommendations as the actuary deems necessary or desirable having regard to the purpose and result of the investigation. (4) The board may act as it deems advisable with respect to any recommendation made by the actuary in such a report. (5) The board shall forward a copy of the report of the actuary to the Treasurer within 1 month after the receipt thereof. PART 3—CONTRIBUTIONS ˙ Obligation of officers to contribute to the fund 20.(1) Except as otherwise expressly provided in this Act, a person— (a) who— (i) becomes an officer on or after the commencement of this Act; or (ii) is a person to whom section 3(1)(b) relates; or (iii) is a continuing contributor; and (b) who is under the age for retirement; shall contribute to the fund as provided in this part. (2) Where a person— (a) becomes an officer on or after the commencement of this Act or is an officer to whom section 3(1)(b) relates; and (b) by reason of the operation of section 64 is ineligible to become a contributor for category A benefits under this Act; that person shall contribute to the fund, as provided in this part, for such benefits as are referred to in section 29. (3) A person to whom subsection (2) relates is in this Act referred to as a “contributor for category B benefits” . (4) A continuing contributor who is a contributor to the fund under the

s 20 26 s 20 State Service Superannuation Act 1972 1958 Act pursuant to part 5A only shall be deemed to be a contributor for category B benefits under this Act and shall contribute under this Act to the fund for such benefits as are referred to in section 30. (5) If, at any time after a person becomes a contributor the person furnishes evidence to the satisfaction of the board that the person’s health and physical condition are such as to justify the person being accepted as a contributor for category A benefits, the person is entitled to become such a contributor— (a) where the person furnishes the evidence within 6 months after becoming an officer who is required under this Act to contribute to the fund—on the date on which the person became such an officer; and (b) where the person furnishes the evidence after the expiration of 6 months after becoming an officer who is required under this Act to contribute to the fund—on the date on which the board accepts the evidence furnished to it or such earlier date as the board in a particular case determines, being a date not earlier than the date on which the person became such an officer. (7) Except where it is otherwise expressly provided by this Act, where a contributor is absent from duty for any period without salary or on a salary less than full salary the contributor shall continue to contribute to the fund during that period at the rate at which the contributor would have been required to contribute to it if the contributor had continued to receive full salary in respect of that period. (7A) Where absence from duty referred to in subsection (7), other than with leave of absence without salary by reason of incapacity, is for a continuous period of 14 days or more (whether or not working days) the contributor shall, unless the contributor elects pursuant to subsection (7B), in addition to continuing to contribute to the fund as provided by subsection (7) pay to the consolidated fund, in respect of the period of absence, contribution at the rate prescribed by section 52 in relation to contributions payable by prescribed persons or entities pursuant to that section. (7B) A contributor who would be required to pay contribution to the consolidated fund pursuant to subsection (7A) or a contributor for category B benefits who is absent from duty with leave of absence without

s 20 27 s 20 State Service Superannuation Act 1972 salary by reason of incapacity and who has not completed 10 years service at the commencement of such absence may elect in writing furnished to the board not to pay contributions to the fund in respect of the period of absence whereupon— (a) contribution to the fund in respect of the contributor shall cease to be payable in respect of the period of absence; and (b) the board shall waive the payments to the consolidated fund (if any) that would be required by that subsection to be made by the contributor; and (c) the benefits to which the contributor or the contributor’s dependants may become entitled under this Act shall be reduced by such amounts as are determined by the actuary and approved by the board. (7C) The Governor in Council may waive the requirement under subsection (7A) to make payments to the consolidated fund either unconditionally or upon such terms and conditions as the Governor in Council determines, either in a particular case or in respect of a class of case, and such waiver shall be given effect. (8) Any officer whose payment for the services rendered by the officer in the officer’s employment is not based upon an annual or fortnightly rate of salary determined in respect of such employment shall not be eligible to contribute to the fund unless the officer has been continuously employed for a period of not less than 1 year immediately preceding the date when the officer makes the election hereinafter mentioned in this subsection but notwithstanding that the officer is eligible to contribute to the fund such an officer shall not be bound to contribute to the fund unless the officer elects so to do. (8A) The Governor in Council may, by regulation, exempt a person from the operation of subsection (8). (9) Subject to the express provision of this Act, any election to contribute or further contribute under this Act shall be made before the expiration of 6 months after the officer becomes so eligible and where an officer being thereunto entitled does not elect within the prescribed time in which the officer may so elect, to contribute or further contribute under this Act to the fund the officer is not obliged and shall not be permitted to so contribute or further contribute under this Act to the fund.

s 21 28 s 21 State Service Superannuation Act 1972 (10) The Governor in Council may, by regulation, declare that persons employed full-time in a permanent capacity by a university established under an Act, in the offices specified in the regulation, may contribute in accordance with this Act for and be paid benefits hereunder and all of the provisions with respect to contribution for and payment of benefits to contributors shall, subject to this section, apply and extend accordingly. (11) Every person employed full-time in a permanent capacity by a university constituted under an Act of this State to whom a regulation made for the purposes of subsection (10) applies, may within 3 months from the day of commencement of the regulation or, if the person became so employed after the day of commencement, the date upon which the person becomes so employed elect to contribute for benefits under this Act and, if the person so elects, the person shall become a contributor on and from a date to be determined by the board and accordingly shall contribute for and be paid benefits under this Act but for the purpose of calculating benefits under this Act any service by a person making an election under this subsection before the person so elects shall be disregarded. (12) A person who becomes a contributor pursuant to an election under subsection (11) shall, subject to this Act, remain a contributor so long as the person is employed full-time in a permanent capacity by a university to which that subsection refers although in an office having a higher status than that of the office specified in a regulation made for the purposes of subsection (10) unless the person elects otherwise in writing within 1 month of becoming the holder of the office having such higher status. ˙ Commencement and cessation of contributions 21.(1) The contributions under this Act of an officer commence— (a) in the case of an officer who is a continuing contributor—from the day on which the officer’s salary is first increased after the commencement of this Act; or (aa) in the case of an officer who is liable to contribute under this Act by reason of an election made under this Act—from the day on which the election is made or such later day as the board in a particular case determines; or (b) in any other case—from the day on which the officer’s salary commences by reason of the officer’s appointment to the position

s 22 29 s 22 State Service Superannuation Act 1972 by virtue of which he or she is an officer or from the day on which this Act commences, whichever is the later day. (2) An officer’s contributions cease to be payable on the last day of the fortnightly pay-period last preceding the day on which— (a) the officer ceases to be an officer; or (b) the officer attains the age for retirement; or (c) the officer’s service as an officer, ascertained as prescribed by section 26, equals 42 years and 6 months; whichever first occurs. ˙ Time and manner of paying contributions 22.(1) Except as otherwise expressly provided in this Act, the contributions of an officer shall be payable periodically from the officer’s salary at such intervals and in such manner as may be prescribed and shall be deducted from salary payable to the officer accordingly, and, until otherwise prescribed, shall be payable by the officer and deducted fortnightly from the officer’s salary. (1A) Deductions pursuant to this section shall be made by the person or authority by whom the officer is employed or having by law supervision or control in relation to the officer’s employment and forwarded to the board fortnightly for payment into the fund. (2) The deductions shall be made for the first time in each case on the first payday occurring after the contributions in respect of which they are to be made commence, as provided by section 21(1), and the full amount of all deductions so made shall be credited to the fund. (2A) A contributor who, pursuant to section 20(7) or (7A), is required to pay contributions to the fund and to make payment to the consolidated fund in respect of a period of absence from duty— (a) shall, before commencing the period of absence, pay to the fund and to the consolidated fund the total amount of contributions and payments that the contributor is so required to pay; or (b) shall, before commencing the period of absence, make arrangements satisfactory to the board for payment of the total

s 22 30 s 22 State Service Superannuation Act 1972 amount of contributions and payments that the contributor is so required to pay. (2B) Where a contributor to whom subsection (2A) applies does not comply with subsection (2A)(a) or (b) the benefits to which the contributor or the contributor’s dependants may become entitled under this Act may be reduced by such amounts as are determined by the actuary and approved by the board. (3) Where a contributor— (a) is on leave of absence without pay; or (b) is on sick leave on less than full pay; or (c) for any reason (other than any misconduct or default on the contributor’s part) is receiving remuneration at a rate less than the rate of pay for the time being applicable to the contributor’s position; the board, on the application of the contributor, may permit the contributor to defer the contributor’s contributions and other payments required by section 20(7) and (7A) to be made by the contributor for such period as the board may approve, subject to such conditions as to the future payment of the contributor’s contributions and such other payments as the board may impose (including conditions as to the payment of interest, at such rate (if any) as is determined by the board, on the contributions and such other payments so deferred) and, failing such an application, the contributor shall contribute to the fund at the times and in the manner prescribed. (4) Any amount of the contributions and additional payments prescribed by this Act or the 1958 Act to be made by a contributor not paid by deduction from the contributor’s salary as prescribed by subsections (1) to (2) shall, subject to subsection (3), be paid in such manner as the manager directs and, if directed by the manager, may be deducted from the contributor’s salary in addition to the deductions from salary as prescribed by subsections (1) to (2) but— (a) the board may waive payment thereof wholly or in part; or (b) the board may determine that any such amount not so deducted and not otherwise recovered by the board be recovered by reduction of the amount of benefit payable upon a claim made by or derived from the contributor, whereupon any such amount of

s 23 31 s 23 State Service Superannuation Act 1972 contribution shall be deemed not to be due and unpaid. (4AA) Where the board has exercised the power conferred by subsection (4)(b) the benefits from the fund to which the contributor concerned or any person deriving a benefit through the contributor is entitled shall be reduced by the amount in respect of which the power is exercised and the amount of interest that would have accrued to the fund and the consolidated fund (at the rate at which earnings would have accrued to the fund) had the contributions and additional payments been duly paid. (4A) The board may, where any amount of the contributions prescribed by this Act or the 1958 Act to be made by a contributor is not paid by deduction from the contributor’s salary as prescribed by subsections (1) to (2), reduce the benefits to which the contributor or the contributor’s dependants may become entitled under this Act by such amounts as are determined by the actuary and approved by the board. (4B) Before reducing benefits in accordance with subsection (4A), the board is to— (a) supply in writing to the contributor a statement containing details of the amount of the contributions that is due and unpaid and the reduction in benefits that will result if the amount is not paid; (b) give the contributor a reasonable time after receipt of the statement in which to pay, or arrange payment of, the amount due and unpaid. (5) Notwithstanding subsections (1) to (4B), the board may recover by action as for a debt any amount of the contributions and additional payments to be made by a contributor which is due and unpaid. (6) For the purposes of subsections (4), (4AA), (4A) and (5), the amount of any unpaid contributions and additional payments shall be the aggregate of the amount thereof due and unpaid and of interest thereon which would have accrued to the fund and the consolidated fund (at the rate at which earnings would have accrued to the fund) had the same been duly paid unless the board waives such interest wholly or in part. (7) Where the contributions and additional payments to be made by a contributor are in arrears to the extent prescribed as respects amount or time, or both, the board may determine all rights of the contributor to benefits under this Act, and thereupon shall pay to the contributor a sum of money

s 23 32 s 23 State Service Superannuation Act 1972 equal to the amount of the contributions and additional payments, whether paid or in arrears, payable by the contributor under this Act to the fund or the consolidated fund to the date of such determination accumulated on and after the passing of the Superannuation Acts Amendment Act 1984 at the rate of 5% per annum compound until 30 June 1990 and thereafter at the net earning rate of the fund compound reduced by the aggregate of the amount of the arrears of contributions and additional payments and of the interest thereon which would have accrued to the fund or the consolidated fund (at the rate at which earnings would have accrued to the fund) had the same been duly paid unless the board waives such interest wholly or in part. (8) Except where it is otherwise provided by this Act, a contributor— (a) shall continue to contribute as prescribed to the fund until the contributor attains the age for retirement or the contributor’s employment as an officer is sooner terminated by earlier retirement, death, resignation or otherwise howsoever; (b) shall, in respect of a period of leave or absence, with or without salary, pay contribution, as for a period of service, without reduction. ˙ Suspension of contribution 23.(1) Where an officer has been absent from duty with leave of absence without salary by reason of incapacity for a continuous period of 14 days (whether or not working days) the officer’s liability to pay contributions to the fund under this Act shall be suspended for the whole of the period that the officer has been or continues to be so absent but if the officer resumes employment as an officer contributions shall again become payable. (2) Subsection (1) does not apply to a contributor— (a) who has not satisfied the board as required by section 41; or (b) in respect of whom the board has made a determination under section 43(2); or (c) who, being a contributor for category B benefits, has not completed 10 years service at the commencement of the period of absence in question unless the board has made a determination in respect of the contributor under section 64A.

s 24 33 s 24 State Service Superannuation Act 1972 ˙ Rates of contribution 24.(1) The amount of the contributions of a continuing contributor (not being an officer to whom subsection (3) relates) which shall be paid by the contributor periodically in addition to the amount of contributions payable by the contributor to the fund in accordance with the provisions of the 1958 Act shall be a sum calculated at the prescribed rate per centum of the amount by which the amount of the contributor’s salary as at 30 June 1978 varied, in the first fortnightly pay period occurring wholly in the November of each year, to the prescribed rate per centum of the amount by which the amount of the contributor’s salary as at 1 October last preceding exceeds the amount of the contributor’s salary on the commencement of this Act. (2) The amount of the contributions of an officer (not being an officer to whom subsection (3) relates) who became an officer on or after the commencement of this Act or who is an officer to whom section 3(1)(b) relates, which shall be paid by the officer periodically, shall be a sum calculated at the prescribed rate per centum of the amount of the officer’s salary as at 30 June 1978 (or in the case of an officer who commences to contribute after that date as at the date on and from which that officer commences to contribute) varied, in the first fortnightly pay period occurring wholly in the November of each year, to the prescribed rate per centum of the amount of the officer’s salary as at 1 October last preceding if the officer was at that date a contributor. (3) The contributions of an officer who— (a) becomes an officer on or after the commencement of this Act; and (b) immediately before becoming an officer is in receipt of or eligible to receive an incapacity pension under this Act or incapacity benefit under the 1958 Act or incapacity allowance preserved and continued by that Act; that shall be paid by the officer periodically shall be, in addition to the contributions (if any) to the fund payable by the officer under the 1958 Act, the sum calculated at the prescribed rate per centum— (c) where the officer was an officer to whom subsection (2) applied before the officer was retired on the ground of incapacity—of the amount of the officer’s salary as at the date he or she again becomes an officer varied, in the first fortnightly pay period

s 24 34 s 24 State Service Superannuation Act 1972 occurring wholly in the November of each year, to the prescribed rate per centum of the amount of the officer’s salary as at 1 October last preceding if he or she was at that date an officer; (d) in any other case—of the amount by which the amount of the officer’s salary as at the date he or she again becomes an officer varied, in the first fortnightly pay period occurring wholly in the November of each year, to the prescribed rate per centum of the amount by which the amount of the officer’s salary as at 1 October last preceding (if he or she was at that date an officer) exceeds the amount of the officer’s salary at the time when the officer was so retired or at 31 December 1972 whichever is the earlier. (4) Where by reason that an officer becomes a contributor on or after the commencement of this Act and before the commencement of the Superannuation Acts Amendment Act 1976 and after the officer has attained the age of 20 years, the length of the officer’s service, ascertained for the purposes of calculating the pension to be paid to the officer under this Act if the officer attains the age for retirement will not amount to 45 years, the officer may elect, within a period of 2 months after he or she becomes an officer, or after the commencement of the Superannuation Acts Amendment Act (No. 2) 1974 , whichever last occurs, to increase the rate of the officer’s contribution and the board may determine that the additional rate of the contributions that, but for this subsection, would have been payable by the officer shall be a sum calculated at such rate as the board, after consultation with the actuary, may determine, being a rate that, having regard to the fact that payments by the Crown in relation to payments that become payable by reason of an election under this subsection will be only 65% thereof, will enable the length of service for the purpose of calculating the pension to be paid to the officer under this Act, to be regarded as the length of service ascertained in accordance with the board’s determination under subsection (6) but not exceeding a maximum of 45 years, and thereupon the officer shall be deemed to be required to contribute to the fund at the rate so determined in addition to the rate prescribed by this Act (other than this subsection). (4A) Where by reason that an officer becomes a contributor on or after the commencement of the Superannuation Acts Amendment Act 1976 and before the passing of the Superannuation Acts Amendment Act 1987 and after the officer has attained the age of 20 years, the length of the officer’s

s 24 35 s 24 State Service Superannuation Act 1972 service, ascertained for the purposes of calculating the pension to be paid to the officer under this Act if the officer attains the age for retirement will not amount to 45 years, the officer may elect, within a period of 2 months after he or she becomes an officer to increase the rate of the officer’s contribution and the board may determine that the additional rate of the contributions that, but for this subsection, would have been payable by the officer shall be a sum calculated at such rate as the board, after consultation with the actuary, may determine, being a rate that, having regard to the fact that payments by the Crown will be in relation only to contributions by the officer that would be payable but for this subsection, will enable the length of service for the purpose of calculating the pension to be paid to the officer under this Act, to be regarded as the length of service ascertained in accordance with the board’s determination under subsection (6) but not exceeding a maximum of 45 years, and thereupon the officer shall be deemed to be required to contribute to the fund at the rate so determined in addition to the rate prescribed by this Act (other than this subsection). (4B) Where, by reason that an officer becomes a contributor on or after the passing of the Superannuation Acts Amendment Act 1987 and after the officer has attained the age of 22 years and 6 months, the length of the officer’s service, ascertained for the purpose of calculating the pension to be paid to the officer under this Act, if the officer attains the age for retirement, will not amount to 42 years and 6 months, the officer may elect, within a period of 2 months after he or she becomes an officer to increase the rate of the officer’s contribution and the board may determine that the additional rate of the contributions that, but for this subsection, would have been payable by the officer shall be a sum calculated at such rate as the board, after consultation with the actuary, may determine, being a rate which, having regard to the fact that payments by the Crown will be in relation only to contributions by the officer that would be payable but for this subsection, will enable the length of service for the purpose of calculating the pension to be paid to the officer under this Act to be regarded as the length of service ascertained in accordance with the board’s determination under subsection (6) but not exceeding a maximum of 42 years and 6 months, and thereupon the officer shall be deemed to be required to contribute to the fund at the rate so determined in addition to the rate prescribed by this Act (other than this subsection). (5) Where by reason that an officer became a contributor under the 1958 Act or any Act repealed by the 1958 Act after the officer had attained

s 24 36 s 24 State Service Superannuation Act 1972 the age of 20 years the length of service of the officer for the purpose of calculating the pension to be paid to the officer under this Act will not amount to 45 years, the officer may elect within a period of 6 months after commencement of this Act to increase the rate of the officer’s contributions under this Act and the board may determine that the additional rate of contribution that, but for this subsection, would have been payable by the officer under this Act, shall be a sum calculated at such rate as the board, after consultation with the actuary, may determine, being a rate that will enable the length of service of the officer for the purpose of calculating the pension to be paid to the officer under this Act to be regarded as the length of service ascertained in accordance with the determination of the board under subsection (6) but not exceeding a maximum of 45 years, and thereupon the officer shall be deemed to be required to contribute under this Act to the fund at the rate so determined in addition to the rate prescribed by this Act (other than this subsection). (6) Where the board makes a determination under subsection (4), (4A), (4B) or (5) in relation to an officer, the board may determine that, for the purpose of calculating the pension to be paid to the officer under part 4, the officer’s length of service as an officer shall be regarded as being equal to the officer’s actual length of service ascertained in accordance with this Act plus such additional length of service as the board, after consultation with the actuary, may determine and thereupon this Act shall apply to the officer accordingly. (6A) Where the board has made a determination under subsection (4), (4A), (4B) or (5) upon the election of an officer and the contributor satisfies the board that payment of such additional rate of the contribution by the officer is causing the officer undue hardship, the board may cancel its determination or vary the same by reducing, with the approval of the actuary, the additional rate of contributions to be paid by the contributor. (6B) Where in respect of a contributor the board, pursuant to subsection (6A), cancels a determination under subsection (4), (4A), (4B) or (5), any determination under subsection (6) in respect of additional length of service of the contributor shall likewise be cancelled and cease to apply to or in respect of the contributor and the board shall make to the contributor a refund of such part of the contributor’s contributions to the fund pursuant to subsection (4), (4A), (4B) or (5) as the actuary determines is justified having regard to the reduced liability of the fund.

s 24 37 s 24 State Service Superannuation Act 1972 (6C) Where in respect of a contributor the board pursuant to subsection (6A) varies a determination under subsection (4), (4A), (4B) or (5), it shall make an appropriate variation of its consequential determination under subsection (6) of additional length of service in respect of the contributor and this Act shall apply as if the determinations as so varied were at all relevant times the determinations originally made on the election of the contributor and the board shall make to the contributor a refund of such part of the contributor’s contributions pursuant to subsection (4), (4A), (4B) or (5) as the actuary determines is justified having regard to the reduced liability of the fund. (7) Except in the case of a contributor referred to in section 40A, where the salary of a contributor is reduced to a rate less than the rate upon which contributions are, for the time being, calculated, the contributor shall thereupon, except as aforesaid, contribute to the fund in relation to the reduced rate of the contributor’s salary and the board shall make to the contributor a refund of such part of the contributor’s contributions to the fund as the actuary determines is justified having regard to the reduced liability of the fund, by reason of the reduction in salary, in respect of the prospective entitlement of the officer to benefits under this Act and thereupon for the purpose of calculating the contributor’s entitlement to benefits under this Act the contributor’s rate of salary in respect of any period before the time the contributor’s salary was reduced shall be deemed not to have been in excess of the rate to which the contributor’s salary was so reduced. (8) Where a contributor has paid to the fund contributions in excess of those prescribed by this Act, the board shall refund to the contributor such sum of money in respect of those contributions as is determined by the actuary and approved by the board. (9) If an officer made an election under subsection (4) before the commencement of the Superannuation Acts Amendment Act (No. 2) 1974 and was a contributor at that commencement, the additional contribution under the election must be adjusted by the board as if that subsection as amended by that Act was in force at the date of the election.

s 24A 38 State Service Superannuation Act 1972 s 24A ˙ Provision for female contributors to contribute for benefits under pt 4, divs 2 and 3 24A.(1) A female officer who is a contributor immediately before the passing of the SuperannuationActsAmendmentAct1984 may elect, in writing furnished to the board, within 6 months after the passing of the SuperannuationActsAmendmentAct1987 to increase the rate of her contribution to the fund sufficient to secure for her the benefits provided for by part 4, divisions 2 and 3. (2) If in connection with her election referred to in subsection (1) the contributor furnishes to the board evidence satisfactory to the board that her health and physical condition are such as to justify her being accepted as a contributor for the benefits provided for by part 4, divisions 2 and 3 she is entitled to become such a contributor. (3) The additional rate of contribution payable by a contributor who elects under subsection (1) and is entitled to become a contributor for the benefits aforesaid shall be such rate as the board, after consultation with the actuary, may determine and shall be payable by the contributor on and from a date determined by the board. (4) The additional rate of contribution referred to in subsection (3) shall be determined in relation to each elector having regard to whether she is a contributor by whom an additional rate of contribution pursuant to section 24(4), (4A) or (5) is payable and, if she is such a contributor, shall be determined at an amount such as will enable the length of service for the purpose of calculating the benefits aforesaid payable in respect of her to be regarded as the length of service ascertained in the manner prescribed by section 24(6) and determined by the board. (5) If in relation to a contributor by whom an additional rate of contribution is payable pursuant to this section the board makes a determination under section 24(6A) that cancels or varies a board’s determination made under section 24(4), (4A) or (5) in relation to that contributor, the additional rate of contribution payable by the contributor pursuant to this section shall be adjusted, having regard to that cancellation or variation, the ascertainment of the contributor’s length of service for the purposes of this section shall be adjusted accordingly and the board shall make to the contributor a refund of such part of her contributions to the fund pursuant to this section as the actuary determines is justified, having regard to the reduced liability of the fund.

141 State Service Superannuation Act 1972 SCHEDULE 5 (continued) 56 . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 381 1 . . . . . . . . . . . . . . . 380 2 . . . . . . . . . . . . . . . 379 3 . . . . . . . . . . . . . . . 378 4 . . . . . . . . . . . . . . . 377 5 . . . . . . . . . . . . . . . 377 6 . . . . . . . . . . . . . . . 376 7 . . . . . . . . . . . . . . . 375 8 . . . . . . . . . . . . . . . 374 9 . . . . . . . . . . . . . . . 373 10 . . . . . . . . . . . . . . 372 11 . . . . . . . . . . . . . . 371 57 . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 371 1 . . . . . . . . . . . . . . . 370 2 . . . . . . . . . . . . . . . 369 3 . . . . . . . . . . . . . . . 368 4 . . . . . . . . . . . . . . . 367 5 . . . . . . . . . . . . . . . 366 6 . . . . . . . . . . . . . . . 365 7 . . . . . . . . . . . . . . . 364 8 . . . . . . . . . . . . . . . 364 9 . . . . . . . . . . . . . . . 363 10 . . . . . . . . . . . . . . 362 11 . . . . . . . . . . . . . . 361 58 . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 360 1 . . . . . . . . . . . . . . . 359 2 . . . . . . . . . . . . . . . 358 3 . . . . . . . . . . . . . . . 357 4 . . . . . . . . . . . . . . . 357 5 . . . . . . . . . . . . . . . 356 6 . . . . . . . . . . . . . . . 355 7 . . . . . . . . . . . . . . . 354 8 . . . . . . . . . . . . . . . 353 9 . . . . . . . . . . . . . . . 352

142 State Service Superannuation Act 1972 SCHEDULE 5 (continued) 10 . . . . . . . . . . . . . . 351 11 . . . . . . . . . . . . . . 351 59 . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 350 1 . . . . . . . . . . . . . . . 349 2 . . . . . . . . . . . . . . . 348 3 . . . . . . . . . . . . . . . 347 4 . . . . . . . . . . . . . . . 346 5 . . . . . . . . . . . . . . . 345 6 . . . . . . . . . . . . . . . 344 7 . . . . . . . . . . . . . . . 344 8 . . . . . . . . . . . . . . . 343 9 . . . . . . . . . . . . . . . 342 10 . . . . . . . . . . . . . . 341 11 . . . . . . . . . . . . . . 340

143 State Service Superannuation Act 1972 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 7 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . 155 8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 9 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 11 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 12 Provisions that have not commenced and are not incorporated into reprint . 161 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 22 December 1995. Future amendments of the State Service Superannuation Act 1972 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

144 State Service Superannuation Act 1972 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[x] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[x] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 List of legislation State Service Superannuation Act 1972 No. 22 date of assent 19 December 1972 commenced 1 January 1973 (see s 1(2)) as amended by— Superannuation Acts Amendment Act 1974 No. 20 pt 2 date of assent 24 April 1974 s 15 commenced 1 July 1974 (see s 15(2)) remaining provisions commenced on date of assent (see s 1(2)) Superannuation Acts Amendment Act (No. 2) 1974 No. 66 pt 2 date of assent 30 October 1974 commenced on date of assent Superannuation Acts Amendment Act 1975 No. 26 pt 2 date of assent 15 May 1975 commenced on date of assent Superannuation Acts Amendment Act 1976 No. 82 pt 2 date of assent 16 December 1976 s 5(a)(ii)(A), (a)(iii)(B), (b), (c), (d), (e) commenced 12 November 1976 (see s 3(2)(a)) ss 15, 16 commenced 4 January 1977 (see s 3(2)(b)) remaining provisions commenced on date of assent (see s 3(1))

145 State Service Superannuation Act 1972 Superannuation Acts Amendment Act 1978 No. 20 pt 2 date of assent 2 June 1978 ss 6(b), (c), (g)–(j), 14(a), 15, 20, 26 commenced 1 April 1978 (see s 2(2)(a)) ss 11, 12(a) commenced 1 July 1978 (see s 2(2)(b)) remaining provisions commenced on date of assent Superannuation Acts Amendment Act 1984 No. 14 pt 2 date of assent 27 February 1984 s 30 commenced 1 September 1981 (see s 2(2)) remaining provisions commenced on date of assent (see s 2(1)) Superannuation(PublicEmployeesPortabilityandActsAmendment)Act1985 No. 35 pt 3 date of assent 17 April 1985 commenced 4 May 1985 (proc pubd gaz 4 May 1985 p 307) Superannuation Acts Amendment Act 1987 No. 27 pt 2 date of assent 23 April 1987 commenced on date of assent Superannuation Acts Amendment Act 1987 (No. 2) No. 64 pt 2 date of assent 16 November 1987 ss 5, 6 commenced 27 February 1984 (see s 4(1)) ss 13–17 commenced 1 January 1988 (see s 4(2)) remaining provisions commenced on date of assent Superannuation Acts Amendment Act 1988 No. 45 pt 2 date of assent 3 May 1988 ss 9–11 commenced 1 July 1988 (see s 5) remaining provisions commenced on date of assent Superannuation Acts Amendment Act 1989 No. 54 pt 2 date of assent 5 May 1989 s 11 commenced 1 July 1988 (see s 2(2)) remaining provisions commenced 12 June 1989 (proc pubd gaz 10 June 1989 p 918) Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Superannuation Acts (Miscellaneous Amendments) Act 1990 No. 23 pt 3 date of assent 13 June 1990 commenced 14 June 1990 (proc pubd gaz 14 June 1990 p 833) Superannuation Acts (Miscellaneous Amendments) Act 1991 No. 11 pt 3 date of assent 15 April 1991 s 3.1 commenced on date of assent ss 3.2–3.6, 3.9–3.13, 3.14(d)–(f), 3.15, 3.18(c), 3.19 commenced 11 May 1991 (proc pubd gaz 4 May 1991 p 73) remaining provisions not yet proclaimed into force

146 State Service Superannuation Act 1972 Health Services Act 1991 No. 24 ss 1.1–1.2, 7.3 sch 3 date of assent 5 June 1991 ss 1.1–1.2 commenced on date of assent remaining provisions commenced 1 July 1991 (proc pubd gaz 22 June 1991 p 974) Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 2 date of assent 17 December 1991 commenced on date of assent Superannuation Legislation Amendment Act 1992 No. 31 pts 1, 4 date of assent 23 June 1992 commenced on date of assent Superannuation Legislation Amendment Act 1993 No. 11 pts 1, 5 s 38 sch 1 date of assent 28 May 1993 ss 34–35 commenced 1 July 1992 (see s 2(1)) s 38 commenced 1 July 1993 (1993 SL No. 207) remaining provisions commenced on date of assent Transport Infrastructure Amendment Act (No. 2) 1994 No. 49 ss 1–2, 6 sch 2 date of assent 14 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 18 November 1994 (SL No. 399) Superannuation Legislation Amendment Act 1995 No. 27 pts 1, 8 date of assent 14 June 1995 ss 1–2 commenced on date of assent ss 37, 42 commenced 14 June 1995 (see s 2(6)) s 46 commenced 11 November 1993 (see s 2(4)) s 47 not yet proclaimed into force remaining provisions commenced 18 August 1995 (1995 SL No. 229) Superannuation Legislation Amendment Act (No. 2) 1995 No. 53 pts 1, 6 date of assent 22 November 1995 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent ´ 5 List of annotations Note—(1) Act No. 14 of 1984 s 44(1)(a) substitutes the expression “contributor for category A benefits” for the expression “contributor for full benefits” wherever it occurs (2) Act No. 14 of 1984 s 44(1)(b) substitutes the expression “contributor for category B benefits” for the expression “contributor for limited benefits” wherever it occurs

147 State Service Superannuation Act 1972 Short title s 1 amd R1 (see RA s 37) Act to comply with prescribed standards s 2 prev s 2 amd 1984 No. 14 s 5; 1987 No. 27 s 4 om 1991 No. 97 s 3 sch 2 pres s 2 ins 1992 No. 31 s 13 om 1995 No. 27 s 38 Application of Act s 3 amd 1974 No. 20 s 4; 1978 No. 20 s 5; 1984 No. 14 s 6; 1987 No. 27 s 5 Act not to apply to certain officers s 3A ins 1990 No. 23 s 3.2 sub 1991 No. 11 s 3.2 Contributors may elect s 3B ins 1991 No. 11 s 3.3 amd 1993 No. 11 s 38 sch 1 Transfer of functions or duties s 3C ins 1991 No. 11 s 3.3 amd 1993 No. 11 s 38 sch 1 Interpretation prov hdg amd 1987 No. 27 s 6(a) s 4 amd 1974 No. 20 s 5(2); 1974 No. 66 s 4; 1976 No. 82 s 5(b)–(e); 1978 No. 20 s 6(g)–(k); 1984 No. 14 s 7(a)(i)–(ii), (b), (c); 1987 No. 27 s 6(c); 1987 No. 64 s 17; 1989 No. 103 s 3 sch; 1991 No. 11 s 3.4(b); 1991 No. 97 s 3 sch 2 def “child” amd 1976 No. 82 s 5(a)(i) om 1978 No. 20 s 6(a) def “final average increase in salary” amd 1974 No. 20 s 5(1)(a); 1976 No. 82 s 5(a)(ii); 1978 No. 20 s 6(b); 1984 No. 14 s 7(a)(iii) def “final average salary” amd 1976 No. 82 s 5(a)(iii); 1978 No. 20 s 6(c) sub 1984 No. 14 s 7(a)(iv) amd 1987 No. 64 s 5 def “incapacity pension” amd 1974 No. 20 s 5(1)(b); 1976 No. 82 s 5(a)(iv); 1984 No. 14 s 7(a)(v) def “involuntary termination of employment” ins 1990 No. 23 s 3.3(a) def “Minister” om 1991 No. 97 s 3 sch 2 def “net earning rate of the fund” ins 1990 No. 23 s 3.3(b) sub 1991 No. 11 s 3.4(a)(i) def “officer” amd 1974 No. 20 s 5(1)(c); 1976 No. 82 s 5(a)(v); 1978 No. 20 s 6(d); 1984 No. 14 s 7(a)(vi); 1991 No. 11 s 3.4(a)(ii); 1991 No. 24 s 7.3 sch 3; 1993 No. 11 s 38 sch 1; 1994 No. 49 s 6 sch 2 def “pensioner” ins 1978 No. 20 s 6(e) def “relict” ins 1984 No. 14 s 7(a)(vii) def “relict’s pension” ins 1984 No. 14 s 7(a)(vii) def “salary” sub 1984 No. 14 s 7(a)(viii) def “service” amd 1974 No. 20 s 5(1)(d), (e); 1974 No. 66 s 4; 1987

148 State Service Superannuation Act 1972 No. 27 s 6(b) def “spouse” ins 1985 No. 35 s 15 def “the 1958 Act” sub 1984 No. 14 s 7(a)(ix) def “widow” ins 1978 No. 20 s 6(f) om 1984 No. 14 s 7(a)(x) def “widow’s pension” om 1984 No. 14 s 7(a)(x) Ascertainment of certain final average salaries s 4A ins 1984 No. 14 s 8 amd 1987 No. 64 s 6 Administration s 5 om 1995 No. 27 s 39 State Service Superannuation Board s 6 amd 1985 No. 35 s 16; 1987 No. 64 s 7 sub 1991 No. 11 s 3.5 Board to be body corporate s 7 om 1991 No. 11 s 3.5 Chairman of the Board s 8 om 1987 No. 64 s 8 Filling of casual vacancies s 9 amd 1985 No. 35 s 17; 1987 No. 64 s 9 om 1991 No. 11 s 3.5 Temporary appointments s 10 amd 1987 No. 64 s 10 om 1991 No. 11 s 3.5 Vacation of office s 11 amd 1987 No. 64 s 11 om 1991 No. 11 s 3.5 Remuneration s 12 sub 1995 No. 27 s 40 Proceedings of the board s 14 amd 1987 No. 64 s 12; 1991 No. 11 s 3.6 Delegation by board s 15 sub 1995 No. 27 s 41 The fund s 18 amd 1976 No. 82 s 6; 1978 No. 20 s 7; 1984 No. 14 s 9; 1989 No. 54 s 4; 1991 No. 11 s 3.7 Investment of fund s 18A ins 1995 No. 27 s 42 Triennial investigation by actuary prov hdg amd 1990 No. 23 s 3.4(a) s 19 amd 1987 No. 27 s 7; 1990 No. 23 s 3.4(b); 1991 No. 11 s 3.8

149 State Service Superannuation Act 1972 Obligation of officers to contribute to the fund s 20 amd 1974 No. 20 s 6; 1976 No. 82 s 7; 1978 No. 20 s 8; 1984 No. 14 s 10; 1988 No. 45 s 6; 1989 No. 54 s 5; 1991 No. 11 s 3.9; 1993 No. 11 s 38 sch 1 Commencement and cessation of contributions s 21 amd 1976 No. 82 s 8; 1978 No. 20 s 9; 1987 No. 27 s 8 Time and manner of paying contributions s 22 amd 1974 No. 20 s 7; 1974 No. 66 s 8 sch 1; 1976 No. 82 s 9; 1978 No. 20 s 10; 1984 No. 14 s 11; 1987 No. 27 s 9; 1989 No. 54 s 6; 1990 No. 23 s 3.5; 1991 No. 11 s 3.10; 1991 No. 11 s 3.18(a) Suspension of contribution s 23 sub 1984 No. 14 s 12; 1991 No. 11 s 3.18(c) Rates of contribution s 24 amd 1974 No. 20 s 8; 1974 No. 66 s 5(i); 1976 No. 82 s 10; 1978 No. 20 s 11; 1985 No. 35 s 18; 1987 No. 27 s 10; 1995 No. 57 s 4 sch 1 Provision for female contributors to contribute for benefits under pt 4, divs 2 and 3 s 24A ins 1984 No. 14 s 13 amd 1987 No. 27 s 11 Further provisions re contributions s 25 amd 1978 No. 20 s 12; 1984 No. 14 s 14; 1985 No. 35 s 19; 1988 No. 45 s8 Calculation of service s 26 amd 1978 No. 20 s 13; 1984 No. 14 s 15; 1987 No. 27 s 12 Rights of contributors for category A benefits prov hdg amd 1984 No. 14 s 16(a) s 27 amd 1974 No. 66 s 8 sch 1; 1975 No. 26 s 4; 1976 No. 82 s 11; 1978 No. 20 s 14; 1984 No. 14 s 16(b)–(c); 1987 No. 64 s 13; 1988 No. 45 s 9; 1991 No. 11 s 3.18(c) Rights of continuing contributors for category A benefits prov hdg amd 1984 No. 14 s 17(a) s 28 amd 1975 No. 26 s 5; 1976 No. 82 s 12; 1978 No. 20 s 15; 1984 No. 14 s 17(b)–(c); 1987 No. 27 s 14; 1988 No. 45 s 10; 1991 No. 11 s 3.18(c) Rights of contributors for category B benefits prov hdg amd 1984 No. 14 s 18(a) s 29 amd 1974 No. 20 s 9; 1974 No. 66 s 8 sch 1; 1976 No. 82 s 13; 1984 No. 14 s 18(b)–(f); 1987 No. 27 s 15; 1991 No. 11 s 3.18(b); 1991 No. 11 s 3.18(c); 1991 No. 97 s 3 sch 2 Rights of continuing contributors who are contributors for category B benefits prov hdg amd 1984 No. 14 s 19(a) s 30 amd 1974 No. 20 s 10; 1974 No. 66 s 8 sch 1; 1976 No. 82 s 14; 1984 No. 14 s 19(b)–(f); 1991 No. 11 s 3.18(b); 1991 No. 11 s 3.18(c)

150 State Service Superannuation Act 1972 Benefits upon retirement before age 60 s 30A ins 1987 No. 64 s 14 amd 1988 No. 45 s 11; 1991 No. 11 s 3.11 Benefits upon retrenchment, involuntary termination etc. s 30B ins 1988 No. 45 s 12 sub 1990 No. 23 s 3.6 amd 1991 No. 11 s 3.18(a) Construction of pension benefit formula in certain cases and transfer of funds s 30C ins 1988 No. 45 s 12 amd 1989 No. 54 s 7; 1991 No. 11 s 3.12 Recoupment of contributions s 30D ins 1990 No. 23 s 3.7 amd 1991 No. 11 s 3.18(a) Minimum benefit payable s 30E ins 1993 No. 11 s 35 amd 1995 No. 27 s 43 Division 2—Benefits upon contributor’s death div hdg sub 1984 No. 14 s 20; 1985 No. 35 s 20; 1987 No. 27 s 16 Entitlement to benefit s 31 amd 1974 No. 20 s 11; 1976 No. 82 s 15; 1978 No. 20 s 16 sub 1984 No. 14 s 20; 1985 No. 35 s 20; 1987 No. 27 s 17; 1991 No. 11 s 3.18(a) Relicts’ right to substitute pension for entitlement prov hdg amd 1984 No. 14 s 21(a) s 31A ins 1978 No. 20 s 17 amd 1984 No. 14 s 21(b)–(c) sub 1985 No. 35 s 20 Entitlement of relict of person on staff of Agent-General for Queensland s 31B ins 1984 No. 14 s 22 sub 1985 No. 35 s 20 amd 1991 No. 11 s 3.13 Benefit for non-dependent relicts s 31C ins 1984 No. 14 s 23 om 1985 No. 35 s 20 Child’s pension—when payable s 32 amd 1974 No. 20 s 12; 1974 No. 66 s 8 sch 1; 1976 No. 82 s 16; 1978 No. 20 s 18; 1984 No. 14 s 24; 1985 No. 35 s 22; 1987 No. 27 s 18; 1991 No. 11 s 3.18(a); 1991 No. 97 s 3 sch 2 Commencement and cessation of children’s pensions s 33 amd 1976 No. 82 s 17; 1984 No. 14 s 25; 1987 No. 27 s 19 Persons to whom a child’s pension is payable s 34 amd 1984 No. 14 s 26

151 State Service Superannuation Act 1972 Refund of contributions s 35 amd 1974 No. 20 s 13; 1974 No. 66 s 8 sch 1; 1976 No. 82 s 18; 1978 No. 20 s 19; 1984 No. 14 s 27; 1987 No. 27 s 20; 1987 No. 64 s 17; 1988 No. 45 s 13; 1989 No. 54 s 8; 1989 No. 103 s 3 sch; 1990 No. 23 s 3.8; 1991 No. 11 ss 3.14(d)–(e), 3.18(c); 1991 No. 11 s 3.14(a)–(c), (g); 1993 No. 11 s 36 Increases in rates of benefits s 36 amd 1974 No. 20 s 14(1); 1984 No. 14 s 28 Adjustment of pensions s 36A ins 1974 No. 20 s 15(1) amd 1976 No. 82 s 19; 1984 No. 14 s 29 Further adjustment of pensions s 36B prev s 36B renum as s 36C 1987 No. 27 s 21(a) pres s 36B ins 1987 No. 27 s 21(b) Variation of entitlement to adjustment s 36C pres s 36C (prev s 36B) ins 1984 No. 14 s 30 renum 1987 No. 27 s 21(a) amd 1987 No. 27 s 22 Provision for incapacity entitlement of contributor reduced in salary by redeployment s 40A ins 1985 No. 35 s 23 Entitlement to receive incapacity pension s 41 prev s 41 sub 1974 No. 20 s 16 om 1974 No. 66 s 8 sch 1 pres s 41 ins 1984 No. 14 s 31 amd 1987 No. 27 s 23; 1988 No. 45 s 14; 1991 No. 11 s 3.18(a) Proof of continued incapacity s 42 amd 1984 No. 14 s 32 Failure of incapacity pensioner restored to health to resume employment affects entitlement s 43 sub 1984 No. 14 s 33 amd 1990 No. 23 s 3.9; 1991 No. 11 s 3.18(a) Incapacity pension may be suspended prov hdg amd 1987 No. 27 s 24(a) s 44 amd 1974 No. 66 s 8 sch 1; 1976 No. 82 s 20; 1987 No. 27 s 24(b); 1991 No. 11 s 3.18(a) Right to prepay contributions s 46 amd 1974 No. 20 s 17; 1987 No. 64 s 17; 1991 No. 11 s 3.18(a) Recovery of overpayments s 46A ins 1976 No. 82 s 21 amd 1995 No. 27 s 44

152 State Service Superannuation Act 1972 Right of contributor to convert pension into a lump sum s 47 amd 1974 No. 66 ss 6, 8 sch 1; 1976 No. 82 s 22; 1978 No. 20 s 20; 1984 No. 14 s 34; 1987 No. 27 s 25; 1991 No. 11 s 3.11; 1991 No. 11 s 3.18(a) Mandatory commutation s 47A ins 1991 No. 11 s 3.15 om 1995 No. 27 s 45 Endowment benefit in lieu of relict’s pension s 48 amd 1978 No. 20 s 21 sub 1984 No. 14 s 35 Division 7A—Elections to surrender potential relicts’ entitlements of pre-1984 members and married relicts’ entitlements div 7A (ss 48A–48G) ins 1995 No. 53 s 12 exp 22 November 1996 (see s 48G) AIA s 20A applies (see s 48F) Division 8—Miscellaneous div hdg ins 1995 No. 27 s 46 Benefits payable to certain members s 49 prev s 49 om 1984 No. 14 s 36 pres s 49 ins 1995 No. 27 s 46 Cost of administration s 50 amd 1988 No. 45 s 15; 1989 No. 54 s 9 Contributions to the fund by the State and by State authorities prov hdg amd 1991 No. 11 s 3.16(a) s 51 amd 1974 No. 20 s 18; 1974 No. 66 s 7; 1976 No. 82 s 23; 1978 No. 20 s 22; 1987 No. 27 s 26; 1989 No. 54 s 10; 1991 No. 11 s 3.16(b)–(g) Employers’ contributions s 52 amd 1976 No. 82 s 24; 1978 No. 20 s 23; 1984 No. 14 s 37 sub 1989 No. 54 s 11; 1993 No. 11 s 38 sch 1 Assignment of pensions s 54 amd 1976 No. 82 s 25 When fund charged with defalcations by contributors s 55 amd 1991 No. 11 s 3.18(a) Settlement of disputes s 58 om 1995 No. 27 s 47 Unclaimed moneys s 59 amd 1991 No. 11 s 3.17 sub 1995 No. 27 s 47 Fund to be exempt from taxation s 61 amd 1991 No. 11 s 3.18(b) Returns s 62 amd 1974 No. 20 s 19; 1987 No. 27 s 27

153 State Service Superannuation Act 1972 Preservation of rights of certain officers s 62A ins 1978 No. 20 s 24 om 1985 No. 35 s 24 Payment by Board to Police Superannuation Fund s 62B ins 1978 No. 20 s 24 om 1985 No. 35 s 24 Entitlements in respect of beneficiary who becomes an officer prov hdg amd 1985 No. 35 s 25(a) s 63 amd 1974 No. 20 s 20 sub 1984 No. 14 s 38 amd 1985 No. 35 s 25(b)–(c); 1987 No. 64 s 17 Medical examinations s 64 amd 1974 No. 20 s 21; 1984 No. 14 s 39; 1988 No. 45 s 16 Conversion from category B to category A benefits in certain cases s 64A ins 1984 No. 14 s 40 Rectification of contributor’s status falsely induced s 64B ins 1984 No. 14 s 41 amd 1990 No. 23 s 3.10; 1995 No. 27 s 48 Discretionary powers of the board s 66 amd 1978 No. 20 s 25; 1984 No. 14 s 42 Rates or amounts of pensions etc. to be rounded off s 68 amd 1976 No. 82 s 26 No interest on certain payments s 69 amd 1991 No. 11 s 3.18(b) sub 1993 No. 11 s 37 False declarations s 70 amd 1990 No. 23 s 3.11; 1993 No. 11 s 38 sch 1; 1995 No. 27 s 49 Information to contributors s 70A ins 1990 No. 23 s 3.12 amd 1991 No. 11 s 3.18(a); R1 (see RA s 37) Regulation making power s 71 sub 1995 No. 27 s 50 Board may approve forms s 72 amd 1984 No. 14 s 43 sub 1995 No. 27 s 50 PART 7—APPLICATION OF PUBLIC SERVICE SUPERANNUATION ACT 1958 pt hdg amd R1 (see RA s 7(1)(k)) Application of Public Service Superannuation Act 1958 prov hdg sub 1991 No. 97 s 3 sch 2 s 73 amd 1974 No. 20 s 22

154 State Service Superannuation Act 1972 PART 8—SAVINGS AND TRANSITIONAL pt hdg ins 1993 No. 11 s 38 sch 1 Saving of existing orders in council prov hdg sub 1991 No. 97 s 3 sch 2 s 74 sub 1993 No. 11 s 38 sch 1 SCHEDULE I om 1991 No. 11 s 3.19 SCHEDULE 1A ins 1976 No. 82 s 26 PART 1—COMMUTATION FACTORS pt 1 hdg amd 1984 No. 14 s 45(a) PART 2—COMMUTATION FACTORS pt 2 hdg amd 1984 No. 14 s 45(b) SCHEDULE II—AMENDMENTS OF SUPERANNUATION ACT 1958–1969 om 1993 No. 11 s 38 sch 1 THE PUBLIC SERVICE SCHEDULE 3—FACTORS FOR BENEFITS UPON CONTRIBUTORS WHO DIE BEFORE AGE 60 hdg amd 1987 No. 27 s 28 ins 1985 No. 35 s 26 DEATH OF SCHEDULE 3A—FACTORS FOR BENEFITS UPON DEATH OF CONTRIBUTORS WHO DIE AT AGE 60 OR BETWEEN AGES 60 AND 65 hdg amd 1987 No. 27 s 28 ins 1985 No. 35 s 26 SCHEDULE 3B—FACTORS FOR RELICTS OF PENSIONERS ins 1985 No. 35 s 26 SCHEDULE 4—FACTORS FOR LUMP SUM BENEFITS OF CONTRIBUTORS WHO RETIRE BETWEEN AGES 55 AND 60 ins 1987 No. 64 s 15 SCHEDULE 5 ins 1987 No. 64 s 16

155 State Service Superannuation Act 1972 ´ 6 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision board of trustees (of a rural training school) consolidated revenue consolidated revenue fund member of the police force agricultural college board consolidated fund consolidated fund police officer Agricultural Colleges Act 1994 s 48(3) Financial Administration andAudit Act 1977 s 112 Financial Administration andAudit Act 1977 s 112 Police Service AdministrationAct 1990 s 11.1(1)(c) (see also s 1.4) ´ 7 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Audit Act 1874 Public Service Act1922 Rural Training Schools Act 1965 Workers’ Compensation Act 1916 FinancialAdministration andAudit Act 1977 Public ServiceManagement andEmployment Act1988 Agricultural CollegesAct 1994 Workers’Compensation Act1990 Financial Administration andAudit Act 1977 s 114 Public Service Managementand Employment Act 1988 s 38(1) Agricultural Colleges Act 1994 s 48(4) Workers’ Compensation Act1990 s 206

156 State Service Superannuation Act 1972 ´ 8 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context references included in citation of law Acts Interpretation Act 1954 s 32A Acts Interpretation Act 1954 s 14H ´ 9 Table of corrected minor errors Provision TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description 36A(1), def “index” ins ‘(Cwlth)’ after ‘ Census and Statistics Act 1905 ’ ´ 10 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 4(9), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 4(9AA) 13(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 13(1A) 21(2), 1st unnum para . . . . . . . . . . . . . . . . . . . . . 21(2)(a) 21(2), 2nd unnum para . . . . . . . . . . . . . . . . . . . . 21(2)(b) 21(2), 3rd unnum para . . . . . . . . . . . . . . . . . . . . 21(2)(c) 22(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 22(1A) 22(2A), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 22(2B) 22(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 22(4AA) 30A(1), def “B”, 1st unnum para . . . . . . . . . . . 30A(1), def “B”, (a) 30A(1), def “B”, 2nd unnum para . . . . . . . . . . . 30A(1), def “B”, (b) 30A(1), def “C”, 1st unnum para . . . . . . . . . . . 30A(1), def “C”, (a)

157 State Service Superannuation Act 1972 30A(1), def “C”, 2nd unnum para . . . . . . . . . . . 30A(1), def “C”, (b) 30A(2), def “C”, (i) . . . . . . . . . . . . . . . . . . . . . . 30A(2), def “C”, (a) 30A(2), def “C”, (ii) . . . . . . . . . . . . . . . . . . . . . 30A(2), def “C”, (b) 30A(3), def “B”, (i) . . . . . . . . . . . . . . . . . . . . . . 30A(3), def “B”, (a) 30A(3), def “B”, (ii) . . . . . . . . . . . . . . . . . . . . . 30A(3), def “B”, (b) 30A(4), 1st unnum para . . . . . . . . . . . . . . . . . . . 30A(4)(a) 30A(4), 2nd unnum para . . . . . . . . . . . . . . . . . . . 30A(4)(b) 30A(4), 3rd unnum para . . . . . . . . . . . . . . . . . . . 30A(4)(c) 30D(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30D(a) 30D(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30D(b) 30D(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30D(c) 30D(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30D(d) 31(1)(a), 1st unnum para . . . . . . . . . . . . . . . . . . 31(1)(a)(i) 31(1)(a), 2nd unnum para . . . . . . . . . . . . . . . . . 31(1)(a)(ii) 31(1)(b), 1st unnum para . . . . . . . . . . . . . . . . . . 31(1)(b)(i) 31(1)(b), 2nd unnum para . . . . . . . . . . . . . . . . . 31(1)(b)(ii) 31(1)(c), 1st unnum para . . . . . . . . . . . . . . . . . . 31(1)(c)(i) 31(1)(c), 2nd unnum para . . . . . . . . . . . . . . . . . 31(1)(c)(ii) 31(1)(c)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31(1)(d) 31(1)(c)(i), def “B”, 1st unnum para . . . . . . . . 31(1)(d), def “B”, (i) 31(1)(c)(i), def “B”, 2nd unnum para . . . . . . . 31(1)(d), def “B”, (ii) 31(1)(c)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31(1)(e) 31(1)(c)(ii), def “B”, 1st unnum para . . . . . . . 31(1)(e), def “B”, (i) 31(1)(c)(ii), def “B”, 2nd unnum para . . . . . . . 31(1)(e), def “B”, (ii) 31(2)(a), 1st unnum para . . . . . . . . . . . . . . . . . . 31(2)(a)(i) 31(2)(a), 2nd unnum para . . . . . . . . . . . . . . . . . 31(2)(a)(ii) 31(2)(b), 1st unnum para . . . . . . . . . . . . . . . . . . 31(2)(b)(i) 31(2)(b), 2nd unnum para . . . . . . . . . . . . . . . . . 31(2)(b)(ii) 31(2)(c), 1st unnum para . . . . . . . . . . . . . . . . . . 31(2)(c)(i) 31(2)(c), 2nd unnum para . . . . . . . . . . . . . . . . . 31(2)(c)(ii) 31(2)(c), 3rd unnum para . . . . . . . . . . . . . . . . . . 31(2)(c)(iii) 31(2)(c), 4th unnum para . . . . . . . . . . . . . . . . . . 31(2)(c)(iv) 31(3), 1st unnum para . . . . . . . . . . . . . . . . . . . . . 31(3)(a) 31(3), 2nd unnum para . . . . . . . . . . . . . . . . . . . . 31(3)(b) 31(8), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 31(9) 31(8), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 31(10) 31A(1)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31A(1)(a)

158 State Service Superannuation Act 1972 31A(1)(i), 1st unnum para . . . . . . . . . . . . . . . . . 31A(1)(a)(i) 31A(1)(i), 2nd unnum para . . . . . . . . . . . . . . . . 31A(1)(a)(ii) 31A(1)(i), def “B”, (i) . . . . . . . . . . . . . . . . . . . . 31A(1)(a), def “B”, (A) 31A(1)(i), def “B”, (ii) . . . . . . . . . . . . . . . . . . . 31A(1)(a), def “B”, (B) 31A(1)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31A(1)(b) 31A(2), 1st unnum para . . . . . . . . . . . . . . . . . . . 31A(2)(a) 31A(2), 2nd unnum para . . . . . . . . . . . . . . . . . . . 31A(2)(b) 31A(2), 3rd unnum para . . . . . . . . . . . . . . . . . . . 31A(2)(c) 31A(7), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 31A(7A) 31A(7), 2nd sentence, 1st unnum para . . . . . . . 31A(7A)(a) 31A(7), 2nd sentence, 2nd unnum para . . . . . . 31A(7A)(b) 32(2)(g), 1st unnum para . . . . . . . . . . . . . . . . . . 32(2)(g)(i) 32(2)(g), 2nd unnum para . . . . . . . . . . . . . . . . . 32(2)(g)(ii) 32(2)(g)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32(2)(g)(iii) 32(2)(g)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32(2)(g)(iv) 32(2)(h)(ii), 1st unnum para . . . . . . . . . . . . . . . 32(2)(h)(iii) 32(2)(h)(ii), 2nd unnum para . . . . . . . . . . . . . . . 32(2)(h)(iv) 32(3)(b)(iv), proviso . . . . . . . . . . . . . . . . . . . . . . 32(3A) 32(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 32(3B) 35(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 35(2AA) 35(2), 2nd sentence, 1st unnum para . . . . . . . . 35(2AA)(a) 35(2), 2nd sentence, 2nd unnum para . . . . . . . . 35(2AA)(b) 35(2B), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 35(2BAA) 35(2C), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 35(2CA) 36C(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 36C(2A) 36C(2), 3rd sentence . . . . . . . . . . . . . . . . . . . . . 36C(2B) 43(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 43(2A) 43(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 43(4) 47(2A), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 47(2AB) 47(9), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 47(9A) 51(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 51(1AA) 51(1), 2nd sentence, 1st unnum para . . . . . . . . 51(1AA)(a) 51(1), 2nd sentence, 2nd unnum para . . . . . . . . 51(1AA)(b) 51(1), 2nd sentence, 3rd unnum para . . . . . . . . 51(1AA)(c) 51(1), 2nd sentence, 4th unnum para . . . . . . . . 51(1AA)(d) 56(2), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 56(2A) 58(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 58(1A) 59(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 59(4A) 63, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 63(1) 63, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 63(2) 64(3), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 64(4) 64B(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 64B(3A) 64B(4)(c)(i), 1st unnum para . . . . . . . . . . . . . . 64B(4)(c)(i)(A)

159 State Service Superannuation Act 1972 64B(4)(c)(i), 2nd unnum para . . . . . . . . . . . . . . 64B(4)(c)(i)(B) ´ 11 Transitional and savings provisions Superannuation Acts Amendment Act 1974 No. 20 s 14(2) provides— 14.(2) Paragraph (a) of subsection (1) shall be deemed to have come into operation as from the commencement of the first pay period, within the meaning of section 36A of the Principal Act as amended by this Act, that shall have occurred in the year commencing 1st January 1974 and shall have effect retrospectively accordingly. Superannuation Acts Amendment Act (No. 2) 1974 No. 66 s 5(2) provides— 5.(2) In the case of an officer who made an election under section 24(4) of the Principal Act before the commencement of this Act and who is a contributor at that commencement the additional contribution pursuant to the election shall be adjusted by the Board as if that section as amended by this Act were in force at the date of the election. Superannuation Acts Amendment Act 1984 No. 14 ss 10(2), 44(2) provides— 10.(2) The provisions of subsections (7), (7A), (7B) and (7C) of section 20 of the State Service Superannuation Act 1972-1984 , provided by this Act, apply in respect of a contributor (as defined by that Act) who is absent from duty immediately before the passing of this Act and the absence is such that it is within the terms of subsection (7A) of section 20 of that Act if his absence from duty extends beyond the passing of this Act. 44.(2) Any person who before the passing of this Act was a contributor for limited benefits shall on and from the passing of this Act be taken to be and to have been a contributor for category B benefits: Provided that the entitlements of a person who at the passing of this Act is a pensioner and was a contributor for limited benefits or of any person entitled through him shall not be affected by any amendment of the Principal Act by a provision of this Act.

160 State Service Superannuation Act 1972 Superannuation(PublicEmployeesPortabilityandActsAmendment)Act1985 No. 35 s 21 provides— Preservation of existing entitlements 21. Entitlements that have arisen under the Principal Act shall continue to be governed by the Principal Act as if sections 31, 31A, 31B and 31C of that Act had not been repealed by this Act and, in addition, in the application of section 31B of that Act to any such entitlement, as if the following subsection had been added to section 31B:— “(6) Where an entitlement to a relict’s pension had by reason of the death of a contributor or pensioner has ceased after the commencement of the Superannuation Acts Amendment Act 1984 and revived as prescribed by section 31, this section does not apply in respect of the entitlement, upon its revival, derived through the same contributor or pensioner.”. Superannuation Acts Amendment Act 1988 No. 45 ss 4, 7 provides— Postponed effect of certain amendment 4. Effect shall not be given to the amendment provided by section 8 in relation to the prescribed rate of contribution referred to in section 25 of the Principal Act to be paid by a contributor until the day that is the first pay day in July 1988 for that contributor and until that day section 25 of the Principal Act shall continue to be given effect as if section 8 had not been enacted. Consequence of person’s ineligibility to contribute to Fund by reason of s. 6 7. Where by reason of the enactment of section 6 a person who is contributing to the Fund within the meaning of the State Service Superannuation Act 1972-1988 becomes ineligible to be a contributor under that Act— (a) he shall thereupon cease to contribute to the fund; and (b) section 35 of that Act shall apply to him as if he were a contributor who had ceased to be an officer by reason of his resignation prior to attaining the age of 55 years.

161 State Service Superannuation Act 1972 Superannuation Acts Amendment Act 1989 No. 54 s 12 provides— Fund’s income for year ending 30 June, 1989 12.(1) Notwithstanding the provisions of section 18(5) and (6) of the Principal Act, the Fund within the meaning of the Principal Act is not entitled to payment or crediting of interest in respect of the year terminating on 30 June, 1989. (2) In respect of a year or other period, nominated in either case by the Treasurer of Queensland, the Treasurer shall cause to be appropriated for the benefit of such Fund such investment or investments of the cash balance held in the Treasury as will generate for such Fund earnings in an amount at least equal to the sum that, but for subsection (1), would have been paid to such Fund pursuant to section 18 of the Principal Act in respect of the year terminating on 30 June, 1989. ´ 12 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992 s 5(c)). Superannuation Acts (Miscellaneous Amendments) Act 1991 No. 11 ss 3.7, 3.8, 3.14(a), (b), (c), (g), 3.16, 3.17, 3.18(a), (b) reads as follows— Amendment of s. 18. The Fund 3.7 Section 18 of the Principal Act is amended by omitting subsection (3) and substituting:— “(3) All benefits and other payments provided for in this Act and in the 1958 Act, to such extent as they are not paid under section 50 or 51 of this Act or section 28 of the 1958 Act, shall be paid from the Fund.”. Amendment of s. 19. Triennial investigation by Actuary 3.8 Section 19 (3) of the Principal Act is amended by omitting paragraph (f) and substituting:— “(f) whether any change should be made in the proportion of pension or other benefit under this Act required to be paid by the Crown;”.

162 State Service Superannuation Act 1972 Amendment of s. 35. Refund of contributions 3.14 Section 35 of the Principal Act is amended by— (a) in subsection (1), omitting “from the Fund”; (b) in subsection (2), omitting “from the Fund”; (c) in subsection (2A), omitting “in the Fund”; (g) in subsection (3), omitting “out of the Fund”. Amendment of s. 51. Contributions to the Fund by the State and by State authorities 3.16 Section 51 of the Principal Act is amended by— (a) in the note appearing in and at the beginning of the section, omitting “ Contributions to the Fund ” and substituting “ Payments ”; (b) in subsection (1), omitting “to the Fund a contribution comprising” and “made out of the Fund”; (c) in subsection (1A), omitting “to the Fund a contribution comprising”, “made out of the Fund” and “to be borne by the Fund”; (d) in subsections (1B) and (1C), omitting “contribution” and substituting “amount” in each case; (e) in subsection (1D), omitting “to the Fund a contribution being” and “made out of the Fund”; (f) in subsection (1E), omitting “contribution of” and substituting “amount paid by”; (g) in subsection (2)— (i) omitting “A contribution” and substituting “An amount”; (ii) omitting “to the Fund”. Amendment of s. 59 3.17 Section 59 (4) of the Principal Act is amended by omitting all words from and including “All moneys” to and including “of the Fund, and” and

163 State Service Superannuation Act 1972 substituting:— “Where moneys are placed to the credit of the Unclaimed Moneys Account and a claim is not established within six years after having been so placed,”. Miscellaneous amendments 3.18 The Principal Act is amended by— (a) in the following sections, omitting the words “from the Fund” whenever they occur:— 22(4) 30B 30D(2)(b) 31(2)(b) 32(2)(f), (g) and (h) 41 43(3) (twice occurring) 44(2) 46(2) 47(5)(a), (6)(a), (7) (twice occurring), (8) (twice occurring), (8A) (twice occurring), (8B), (9) (twice occurring), (10), (12) 55 70A(1); (b) in sections 29(2), 30(2), 61(2) and 69 omitting “out of the Fund”; Superannuation Legislation Amendment Act 1995 No. 27 s 47 reads as follows— Replacement of ss 58 and 59 47. Sections 58 and 59— omit, insert— ‘Unclaimed benefits ‘ 59.(1) This section applies if a benefit payable under this Act is not claimed by a person entitled to it (the “beneficiary” ) within 6 months after it becomes payable. ‘ (2) The Board must keep the benefit in the fund for the beneficiary. ‘ (3) The Board may pay a person the benefit only if the Board is satisfied the person is the beneficiary. ‘ (4) Payment of a benefit to a person (the “first claimant” ) under this

164 State Service Superannuation Act 1972 section releases the Board from the obligation to pay another person (a “subsequent claimant” ) a further benefit from the fund in relation to a member. ‘ (5) Subsection (4) does not prevent the subsequent claimant from claiming the amount of the value of the benefit from the first claimant. ‘ (6) In this section— “benefit” includes interest payable on the benefit at the rate decided by the Board.’.