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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PUBLIC OFFICERS'
SUPERANNUATION
BENEFITS RECOVERY
AMENDMENT BILL 1993
Queensland
PUBLIC OFFICERS' SUPERANNUATION
BENEFITS RECOVERY AMENDMENT
BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s.8 (Factors relevant to assessment of liability) . . . . . . . . . 5
6 Replacement of s.11 (Compulsory commutation of pension benefits) . . . . 6
11 Effect of order on pension benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11A Commutation if benefit would not have accrued to spouse
or dependant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11B Commutation if benefit would have accrued to spouse or
dependant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Insertion of new s. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
39 Transitional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1993
A BILL
FOR
An Act to amend the Public Officers' Superannuation Benefits
Recovery Act 1988
4
Public Officers' Superannuation Benefits
Recovery Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Public Officers' Superannuation 3
Clause1.
Benefits Recovery Amendment Act 1993. 4
5
Commencement
Section 4(2) is taken to have commenced immediately after the 6
Clause2.
commencement of section 4 of the Public Officers' Superannuation 7
Benefits Recovery Act 1988. 8
Act 9
Amended
The Public Officers' Superannuation Benefits Recovery Act 1988 10
Clause3.
is amended as set out in this Act. 11
of s.4 (Interpretation) 12
Amendment
Clause4.(1) Section 4 (definitions "Minister" and "prescribed offence")-- 13
omit. 14
(2) Section 4-- 15
insert-- 16
` "prescribed offence" means-- 17
(a) an indictable offence consisting wholly or partly of conduct of the 18
offender-- 19
(i) by which the offender-- 20
(A) asks for or receives or obtains any property or benefit 21
of any kind for the offender or another person; or 22
(B) agrees or attempts to engage in conduct mentioned in 23
sub-subparagraph (A); and 24
5
Public Officers' Superannuation Benefits
Recovery Amendment
(ii) that is engaged in on the understanding that the offender will 1
be influenced or affected in the exercise of the functions or 2
powers of a public office held by the offender; or 3
(b) an indictable offence consisting wholly or partly of conduct of the 4
offender-- 5
(i) by which the offender pays or gives, or agrees or attempts to 6
pay or give, to a person any property or benefit of any kind 7
for the person or another person; and 8
(ii) that is engaged in on the understanding that the person or 9
other person will be influenced or affected in the exercise of 10
the functions or powers of a public office held by the person 11
or other person; 12
and includes an offence against any of the following provisions of the 13
Criminal Code-- 14
(c) section 87 (Official Corruption); 15
(d) section 120 (Judicial Corruption); 16
(e) section 121 (Official Corruption not Judicial but relating to 17
Offences);'. 18
(3) Section 4 (definition "superannuation scheme")-- 19
omit `Consolidated Revenue Fund', insert `Consolidated Fund'. 20
of s.8 (Factors relevant to assessment of liability) 21
Amendment
Clause5. Section 8(2) and (3)-- 22
omit, insert-- 23
`(2) The amount of contributions mentioned in subsection (1)(a) 24
includes-- 25
(a) if the superannuation scheme to which the contributions were 26
paid provides for the payment of interest on a refund of 27
contributions--the interest accumulated on the convicted person's 28
contributions to the day of the convicted person's retirement; or 29
(b) subject to paragraph (c), if the superannuation scheme to which 30
6
Public Officers' Superannuation Benefits
Recovery Amendment
the contributions have been paid provides for payment of an 1
amount that exceeds the amount of the contributions if a person 2
ceases to be a contributor (other than because of death) and is not 3
entitled to a pension or other superannuation benefit under the 4
scheme--the amount of the excess; or 5
(c) if the contributions have been paid to the superannuation scheme 6
established by the Parliamentary Contributory Superannuation 7
Act 1970--an amount that is 1 and one-sixth times the amount of 8
the contributions. 9
`(3) The amount of contributions mentioned in subsection (1)(a) also 10
includes interest for the prescribed period on-- 11
(a) the amount; and 12
(b) the interest or excess mentioned in subsection (2)(a) or (b); and 13
(c) the amount first mentioned in subsection (2)(c). 14
`(4) In this section-- 15
"contributions" include deductions made from salary in respect of the 16
convicted person for the purposes of a superannuation scheme; 17
"hardship" includes-- 18
(a) hardship to the spouse or dependant of the convicted person 19
during the convicted person's lifetime; and 20
(b) hardship to the spouse or dependant of the convicted person 21
consisting in the loss of entitlement to superannuation or 22
retirement benefits to which the spouse or dependant would have 23
been entitled on the convicted person's death if the convicted 24
person had not been convicted of a prescribed offence; 25
"prescribed period" means the period starting on the day after the day of 26
the convicted person's retirement and ending on the day the order is 27
made under section 7(2).'. 28
of s.11 (Compulsory commutation of pension benefits) 29
Replacement
Section 11-- 30
Clause6.
omit, insert-- 31
7
Public Officers' Superannuation Benefits
Recovery Amendment
of order on pension benefits 1
`Effect
`11.(1) This section applies if an order under section 7(2) is made against 2
a person who is receiving superannuation or retirement benefits (the 3
"benefits") that accrued in relation to the period of the person's 4
employment in which the person was engaged when the person committed 5
the prescribed offence concerned and the benefits are received as pension. 6
`(2) The person's entitlement to future payments of pension ceases. 7
`(3) The trustees or other authority (the "trustees") having the control of 8
the funds of the superannuation scheme under which the benefits were 9
payable must immediately cause the commutation value of the benefits to 10
be assessed (the "lump sum amount"), as at the date of the order, in 11
accordance with actuarial principles. 12
`(4) For the purposes of making an assessment under subsection (3), 13
section 4(5)(b) applies as if the reference in the paragraph to the date of 14
retirement of the person concerned were a reference to the date of the order. 15
`(5) The person is entitled to the lump sum amount plus interest on the 16
amount for the prescribed period (the "commuted entitlement") instead of 17
the benefits mentioned in subsection (3). 18
`(6) The amount of the person's liability under the order plus interest on 19
the amount for the prescribed period (the "liability") is a charge on the 20
commuted entitlement in the hands of the trustees. 21
`(7) The trustees must-- 22
(a) pay the amount of the liability to the extent the amount of the 23
commuted entitlement permits; and 24
(b) commute the balance (if any) of the commuted entitlement in 25
accordance with section 11A or 11B. 26
`(8) Section 9(1) must be disregarded in interpreting this section, but the 27
subsection applies to the amount of liability of the convicted person so far 28
as the amount exceeds the amount of the commuted entitlement. 29
`(9) In this section-- 30
"prescribed period" means the period starting on the day on which the 31
order was made and ending on the day on which a payment is made 32
under subsection (7)(a). 33
8
Public Officers' Superannuation Benefits
Recovery Amendment
if benefit would not have accrued to spouse or 1
`Commutation
dependant 2
`11A.(1) This section applies if a benefit would not accrue to a spouse or 3
dependant of a person to whom section 11(1) applies on the person's death 4
under the superannuation scheme from which the superannuation or 5
retirement benefits mentioned in section 11(1) were paid (the "relevant 6
superannuation scheme"). 7
`(2) The balance (if any) of the entitlement mentioned in section 11(7)(b) 8
must be commuted, in accordance with actuarial principles, to a pension 9
payable to the person. 10
`(3) The pension mentioned in subsection (2) is substituted for the 11
superannuation or retirement benefits mentioned in section 11(1) and is 12
payable from the funds of the relevant superannuation scheme. 13
if benefit would have accrued to spouse or dependant 14
`Commutation
`11B.(1) This section applies if a benefit would accrue to a spouse or 15
dependant of a person to whom section 11(1) applies on the person's death 16
under the superannuation scheme from which the superannuation or 17
retirement benefits mentioned in section 11(1) were paid (the "relevant 18
superannuation scheme"). 19
`(2) The benefit accrues subject to and to the extent provided for by this 20
section. 21
`(3) The balance (if any) of the entitlement mentioned in section 11(7)(b) 22
must be commuted, in accordance with actuarial principles, to-- 23
(a) a pension payable to the person; and 24
(b) a benefit payable to the spouse or dependant of the person on the 25
person's death. 26
`(4) The pension mentioned in subsection (3)(a) and the benefit 27
mentioned in subsection (3)(b) are-- 28
(a) substituted for the superannuation or retirement benefits 29
mentioned in section 11(1) and the benefit mentioned in 30
subsection (1); and 31
(b) payable from the funds of the relevant superannuation scheme. 32
9
Public Officers' Superannuation Benefits
Recovery Amendment
`(5) A benefit mentioned in subsection (3)(b)-- 1
(a) is not payable until the time when the benefit mentioned in 2
subsection (1) that would have accrued to the spouse or 3
dependant of the person under the relevant superannuation 4
scheme would have become payable under the scheme; and 5
(b) must be a benefit of the same type as that benefit.'. 6
of new s. 39 7
Insertion
Clause7. After section 38-- 8
insert-- 9
10
`Transitional
`39. This Act applies to an application made under section 7 before the 11
enactment of the Public Officers' Superannuation Benefits Recovery 12
Amendment Act 1993 as if section 4(2) of that Act had not been enacted.'. 13
14
© State of Queensland 1993
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