Superannuation (State Public Sector) Amendment Notice (No. 3) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 196 Superannuation (State Public Sector) Act 1990 SUPERANNUATION (STATE PUBLIC SECTOR) AMENDMENT NOTICE (No. 3) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Notice amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 1, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 1—PRELIMINARY 5 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new pt 2, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—DEFINED BENEFIT CATEGORY 7 Amendment of s 4 (Compulsory membership) . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 5 (Discretionary membership—general) . . . . . . . . . . . . . . 4 9 Amendment of s 6 (Discretionary membership—QR employees) . . . . . . . . 5 10 Amendment of s 6A (Discretionary membership—QFS officers) . . . . . . . . 5 11 Amendment of s 6B (Discretionary membership—employees of WorkCover Queensland) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Insertion of new pts 3 to 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3—ACCUMULATION CATEGORY 6C Compulsory membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6D Approval of alternative superannuation scheme . . . . . . . . . . . . . . . . 6 PART 4—STATE 72 CATEGORY 6E Discretionary membership (deed, ch 5, s 4(9)) . . . . . . . . . . . . . . . . 7

2 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 6F Discretionary membership (deed, ch 5, s 35(2)) . . . . . . . . . . . . . . . 7 PART 5—POLICE 74 CATEGORY 6G Discretionary membership (deed, ch 7, s 33(2)) . . . . . . . . . . . . . . . 7 13 Insertion of new pt 6, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 6—EXCEPTIONS FROM THE ACT 14 Amendment of sch 1 (Compulsory membership) . . . . . . . . . . . . . . . . . . . . . 8 15 Amendment of sch 2 (Discretionary membership) . . . . . . . . . . . . . . . . . . . . 8 16 Insertion of new schs 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE 4 EMPLOYER ENTITIES FOR ACCUMULATION CATEGORY SCHEDULE 5 PERSONS EXCLUDED FROM MEMBERSHIP OF ACCUMULATION CATEGORY

s1 3 s5 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 ˙ Short title 1. This notice may be cited as the Superannuation (State Public Sector) Amendment Notice (No. 3) 1997 . ˙ Commencement 2. This notice commences when the SuperannuationandOtherLegislation Amendment Act 1997 , part 6, commences. ˙ Notice amended 3. This notice amends the Superannuation (State Public Sector) Notice 1996 . ˙ Insertion of new pt 1, heading 4. Before section 1— insert— ‘ PART 1—PRELIMINARY ’. ˙ Amendment of s 3 (Definitions) 5.(1) Section 3, definition “fund” — omit. (2) Section 3— insert— ‘ “1972 fund” means the State Service Superannuation Fund established under the 1972 Act. “1972 officer” means a person who would be an officer within the meaning given by the 1972 Act if that Act had not been repealed. “1974 Act” means the repealed Police Superannuation Act 1974 . “1974 member” means a person who would be a member within the meaning given by the 1974 Act if that Act had not been repealed.’.

s6 4 s8 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 (3) Section 3, definition “1972 Act” , ‘ State Service Superannuation Act 1972 ’— omit, insert— ‘repealed State Service Superannuation Act 1972 ’. ˙ Insertion of new pt 2, heading 6. After section 3— insert— ‘ PART 2—DEFINED BENEFIT CATEGORY ’. ˙ Amendment of s 4 (Compulsory membership) 7.(1) Section 4(1), after ‘scheme’— insert— ‘in the defined benefit category’. (2) Section 4(1)(a)(ii), ‘fund’— omit, insert— ‘1972 fund’. ˙ Amendment of s 5 (Discretionary membership—general) 8.(1) Section 5(1), after ‘scheme’— insert— ‘in the defined benefit category’. (2) Section 5(1), ‘fund’— omit, insert— ‘1972 fund’.

s 9 5 s 12 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 ˙ Amendment of s 6 (Discretionary membership—QR employees) 9. Section 6(1) and (2), after ‘scheme’— insert— ‘in the defined benefit category’. ˙ Amendment of s 6A (Discretionary membership—QFS officers) 10.(1) Section 6A(1) and (5)— omit. (2) Section 6A(2), ‘scheme at any time’— insert— ‘scheme in the defined benefit category’. ˙ Amendment of s 6B (Discretionary membership—employees of WorkCover Queensland) 11. Section 6B(2), after ‘scheme’— insert— ‘in the defined benefit category’. ˙ Insertion of new pts 3 to 5 12. After section 6B— insert— ‘ PART 3—ACCUMULATION CATEGORY ˙ ‘ Compulsory membership ‘ 6C.(1) A person is eligible for membership of the scheme in the accumulation category if— (a) the person is employed— (i) by the State; or

s 12 6 s 12 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 (ii) under a contract with a unit of the State public sector that is entirely or mainly for the person’s labour; or (iii) by a unit of the State public sector— (A) in an office or other position under a law of the State; or (B) to perform the duties of an office or other position under a law of the State; or (iv) by an entity mentioned in schedule 4; and (b) the person’s employment under paragraph (a) is not employment in relation to which the person is a member of the scheme in the defined benefit category or fire category; and (c) the person— (i) regularly works at least 10 hours a week for the person’s employer and receives a regular salary for the employment; or (ii) receives a yearly salary from the person’s employer that is at least 50% of the tax-free threshold for taxation purposes under the Income Tax Assessment Act 1936 (Cwth); or (iii) receives a salary of at least $450 a month; and (d) the person is not mentioned in schedule 5. ‘ (2) Membership of the scheme by the person is compulsory. ˙ ‘ Approval of alternative superannuation scheme ‘ 6D. The Minister may approve a superannuation scheme for schedule 5, section 1, if the Minister is satisfied the scheme— (a) provides appropriate superannuation to satisfy the employer’s obligations; and (b) meets standards set for the management of superannuation funds under a law of the Commonwealth.

s 12 7 s 12 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 ‘ PART 4—STATE 72 CATEGORY ˙ ‘ Discretionary membership (deed, ch 5, s 4(9)) ‘ 6E.(1) This section applies if a person who is a State 72 member— (a) ceases to be a 1972 officer; and (b) within 1 month after ceasing, again becomes a 1972 officer. ‘ (2) The person is eligible for membership of the scheme in the State 72 category until the time 3 months after the person again became a 1972 officer. ‘ (3) Membership of the scheme by the person is discretionary. ˙ ‘ Discretionary membership (deed, ch 5, s 35(2)) ‘ 6F.(1) This section applies if a person who is a State 72 member— (a) ceases to be a 1972 officer; and (b) has made an election under section 35(2) of the 1972 Act or makes an election under section 35(2) of chapter 5 of the deed; and (c) again becomes a 1972 officer. ‘ (2) The person is eligible for membership of the scheme in the State 72 category until 3 months after the time the person again became a 1972 officer. ‘ (3) Membership of the scheme by the person is discretionary. ‘ PART 5—POLICE 74 CATEGORY ˙ ‘ Discretionary membership (deed, ch 7, s 33(2)) ‘ 6G.(1) This section applies if a person who is a police 74 member—

s 13 8 s 15 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 (a) ceases to be a 1974 member; and (b) has made an election under section 33(2) of the 1974 Act or makes an election under section 33(2) of chapter 7 of the deed; and (c) again becomes a 1974 member. ‘ (2) The person is eligible for membership of the scheme in the police 74 category until 3 months after the time the person again became a 1974 member. ‘ (3) Membership of the scheme by the person is discretionary.’. ˙ Insertion of new pt 6, heading 13. After part 5— insert— ‘ PART 6—EXCEPTIONS FROM THE ACT ’. ˙ Amendment of sch 1 (Compulsory membership) 14.(1) Schedule 1, heading, ‘membership’— omit, insert— ‘membership—defined benefit category’. (2) Schedule 1, item 1, after ‘Brigade’— insert— ‘Management Committee’. (3) Schedule 1, item 7, ‘fund’— omit, insert— ‘1972 fund’. ˙ Amendment of sch 2 (Discretionary membership) 15.(1) Schedule 2, heading, ‘membership’—

s 16 9 s 16 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 omit, insert— ‘membership—defined benefit category’. (2) Schedule 2, item 2, column 2, paragraph (a)— omit, insert— ‘(a) who, immediately before the start of the employment, was not— (i) an officer within the meaning of chapter 5 of the deed; or (ii) a member within the meaning given by chapter 7 of the deed; and’. (3) Schedule 2, item 13, ‘fund’— omit, insert— ‘1972 fund’. (4) Schedule 2— insert— ‘ 36. Pioneer Valley Water Board A person whose membership has been approved by the board —’. ˙ Insertion of new schs 4 and 5 16. After schedule 3— insert— ‘ SCHEDULE 4 ‘ EMPLOYER ENTITIES FOR ACCUMULATION CATEGORY section 6C(1)(a)(iv) 1. Queensland Sugar Corporation

s 16 10 s 16 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 2. Brisbane Market Authority 3. Gladstone Port Authority 4. Queensland Institute of Medical Research Trust 5. Board of Trustees of the Toowoomba Grammar School 6. Committee of Direction of Fruit Marketing 7. Board of Trustees of the Townsville Grammar School 8. South Bank Corporation 9. National Trust of Queensland 10. Queensland Livestock and Meat Authority 11. Board of Trustees of Newstead House 12. Queensland Investment Corporation 13. Rockhampton Port Authority 14. Queensland Tertiary Admissions Centre Limited 15. South East Queensland Water Board 16. Raine Island Corporation 17. Dumaresq—Barwon Border Rivers Commission 18. Ports Corporation of Queensland 19. Tertiary Entrance Procedures Authority 20. Queensland Performing Arts Trust 21. Q Invest Limited 22. Isis Cane Protection and Productivity Board 23. Royal Queensland Theatre Company 24. Supreme Court Library Committee 25. Building and Construction Industry (Portable Long Service Leave) Authority 26. Gladstone Area Water Board 27. Board of Architects of Queensland

s 16 11 s 16 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 28. Board of Senior Secondary School Studies 29. Board of Trustees of the Brisbane Grammar School 30. Queensland Art Gallery Board of Trustees 31. Queensland Fire and Rescue Authority 32. WorkCover Queensland

s 16 12 s 16 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 ‘ SCHEDULE 5 ‘ PERSONS EXCLUDED FROM MEMBERSHIP OF ACCUMULATION CATEGORY section 6C(1)(d) 1. A person, mentioned in section 6C(1)(a)(ii) or (iii), who is a member of a superannuation scheme approved by the Minister under section 6D. 2. A person who is— (a) employed by Queensland Livestock and Meat Authority; and (b) a member of the Livestock and Meat Authority Staff Superannuation Scheme. 3. A person who is a Supreme or District Court judge. 4. A person, other than a State 72 member, who is— (a) a commissioner under the Workplace Relations Act 1997 ; or (b) a member of the Land Court; or (c) employed under the Electricity Act 1994 . 5. A person who— (a) is an employee of, or engaged by, a unit of the State public sector, while on leave from other employment; and (b) is a member of another superannuation scheme operated for the other employment and the State contributes, by agreement, to the other scheme as the person’s employer. 6. A person who, on or after 1 July 1991, began employment with, or was engaged by, a university established under an Act. 7. An officer of the Legal Aid Commission who is a contributor to the Commonwealth Superannuation Scheme established under the Superannuation Act 1976 (Cwlth).’.

13 Superannuation (State Public Sector) Amendment (No. 3) No. 196, 1997 ENDNOTES 1. Made by the Deputy Premier, Treasurer and Minister for the Arts on 25 June 1996. 2. Notified in the gazette on 27 June 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Government Superannuation Office. © State of Queensland 1997