Superannuation (Part-time Officers) Act 1988 (Qld)

1596 (1 ueens1ana '^U tl;.v^iVNI' ANNO TRICESIMO SEPTIMO ELIZA BETHAE SECUNDAE REGINAE 1,a ® o f 1 An Act to provide with respect t o contributi o ns to and benefits fro m superannuation schemes in respect of o ffi cers in part-ti m e employment [ASSENTED TO 14TH DECEMBER, 1988]

Superannuation ( Part-time Officers) Act 1988, No. 111 1597 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title . This Act may be cited as the Superannuation (Part- time Officers) Act 1988. 2. Interpretation . (1) In this Act, except where a contrary intention appears- "approved occupation" means an occupation approved by the Governor in Council, or an occupation of a class of occupation approved by the Governor in Council, as an occupation or class of occupation in which a person can be employed part-time in a permanent capacity; "contributor" means- (a) a contributor within the meaning of the 1958 Act; and (b) a contributor within the meaning of the 1972 Act; "full-time officer " or "officer " means an officer within the meaning of the 1972 Act; "part-time officer" means a person employed in an approved occupation part-time in a permanent capacity who, but for the employment being part - time , would be an officer, and does not include a person employed on a casual basis; "salary" means salary within the meaning of the 1972 Act; "service ratio " means the proportion , expressed as a percentage, that the aggregate of the ordinary time hours of work required by the terms and conditions of employment of a person who , at any time , has been employed in an approved occupation as a part-time officer bears to the aggregate of the ordinary time hours of work that would have been so required of the person had he or she been employed, at all times, in the occupation as a full-time officer; "the 1958 Act" means The Public Service Superannuation Act of 1958 as amended and in force for the time being; "the 1972 Act" means the State Service Superannuation Act 1972 as amended and in force for the time being. (2) A reference " occupation " in this Act is a reference to an occupation such that a person engaged therein full - time in a permanent capacity is an officer and required to be a contributor under the 1958 Act or the 1972 Act or both such Acts. 3. Application of Act. (1) This Act applies only to part-time officers who are bound by the terms and conditions of their employment to work regularly a fixed number of ordinary time hours of work within a specific period.

1598 Superannuation ( Part-time Officers) Act 1988, No. 111 (2) Where a part-time officer to whom this Act applies- (a) is occasionally or recurrently required to work hours in addition to the number of ordinary time hours of work required of him or her by the terms and conditions of employment; or (b) is bound by the terms and conditions of employment to work at particular times hours in addition to the number of ordinary time hours of work required of him or her normally, the contributions and benefits payable in respect of the part-time officer under the 1958 Act or the 1972 Act shall be determined without regard to such additional hours that the part-time officer is required or bound to work. (3) A person who has been a part-time officer for any period shall be deemed for the purposes of this Act to always be a part-time officer, except where to do so would be inconsistent with a particular provision of this Act, and the provisions of this Act apply to that person accordingly. (4) This Act does not apply to a person who is employed in an approved occupation on a casual basis. 4. Rate of voluntary contribution under 1972 Act. Where an election to increase a rate of contribution payable under the 1972 Act has been made with a view to notionally increasing actual length of service, the part of the rate of contribution attributable to the election shall be determined and shall continue to be payable as prescribed by that Act upon the basis that the elector is and continues to be, at all times, a full-time officer in receipt of a rate of salary accordingly. 5. Rate of contribution under 1958 Act. The rate of contribution payable under the 1958 Act in respect of a part-time officer is as prescribed by that Act as if the part-time officer were a full-time officer. 6. Benefits under 1972 Act. (1) Except as provided by subsection (3), the benefits payable under the 1972 Act in respect of a person who is or was a part-time officer are as prescribed by that Act in respect of a person who is or was a full-time officer, reduced to the extent of the difference between the person's service ratio and 100 per centum, subject to section 9. (2) For the purpose of determining a benefit payable under the 1972 Act in respect of a person who is or was a part-time officer, being a benefit that is related to the person's final average salary , within the

Superannuation ( Part-time Officers) Act 1988, No . 111 1599 meaning of that Act, that person shall be deemed to have been in receipt of salary at the same rate as if he or she had been a full-time officer. (3) A benefit payable under the 1972 Act in respect of a person who was a part-time officer, being a benefit that is not related to the person's length of service as a contributor, is not affected by the person having been a part-time officer. 7. Calculation of prospective service. (1) Where, for the purpose of determining a benefit payable under the 1972 Act in respect of a person who is or was a part-time officer, it is necessary to assume an accumulation of length of service as a contributor to a specified age, the length of service assumed to have been accumulated shall be reduced to the extent of the difference between the person's service ratio and 100 per centum, subject to subsection (2). (2) Where a person who was a part-time officer for any period became, and continued to the time he or she ceased to be a contributor as, a full-time officer, that person's length of service as a contributor assumed pursuant to the 1972 Act to have been accumulated shall not be less than it would have been had that person first become a contributor at the time he or she became a full-time officer. 8. Benefits under 1958 Act. The benefits payable under the 1958 Act in respect of a person who was a part-time officer are as prescribed by that Act, as if the person had been a full-time officer, subject to section 9. 9. Restriction on sickness benefit . The amount of benefit payable under the 1958 Act or the 1972 Act in respect of a part-time officer, being a benefit in respect of a period of sick leave of absence without salary by reason of incapacity, shall not exceed a rate of pension equal to 75 per centum of the rate of salary payable to that part-time officer immediately before he or she commenced such leave of absence without salary. 10. General application of 1958 and 1972 Acts. The provisions of the 1958 Act and the 1972 Act apply, according to their tenor, to- part time officers; persons who were part-time officers; and persons whose entitlements to benefits under either of those Acts is in respect of a part-time officer or a person who was a part- time officer, subject to this Act. BY AUTHORITY S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1999