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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Superannuation (State Public
Sector) Amendment Bill 2009
Queensland
Superannuation (State Public Sector)
Amendment Bill 2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 13 (Membership of scheme) . . . . . . . . . . . . . . . 4
5 Amendment of s 13A (Continuation of eligibility for membership
after transfer of employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Insertion of new s 13AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13AA Continuation of eligibility for membership after
employer ceases to be unit of State public sector . . . 5
7 Insertion of new pt 4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 4B Transfer of employees to QSL
31C Definitions for pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . 6
31D Transfer of relevant employees. . . . . . . . . . . . . . . . . . 6
31E Right to return to public service . . . . . . . . . . . . . . . . . 7
31F Conditions on return to public service . . . . . . . . . . . . 8
2009
A Bill
for
An Act to amend the Superannuation (State Public Sector) Act
1990 for particular purposes
Superannuation (State Public Sector) Amendment Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Superannuation (State Public 3
Sector) Amendment Act 2009. 4
Clause 2 Act amended 5
This Act amends the Superannuation (State Public Sector) 6
Act 1990. 7
Clause 3 Amendment of s 2 (Interpretation) 8
Section 2(1)-- 9
insert-- 10
`QSL, for part 4B, see section 31C. 11
relevant employee, for part 4B, see section 31C. 12
transfer day, for part 4B, see section 31C.'. 13
Clause 4 Amendment of s 13 (Membership of scheme) 14
Section 13(9) and (9A)-- 15
omit, insert-- 16
`(9) The current employer of a member of the scheme may make 17
contributions to the scheme for the member whether or not the 18
current employer is a unit of the State public sector.'. 19
Clause 5 Amendment of s 13A (Continuation of eligibility for 20
membership after transfer of employment) 21
(1) Section 13A(1)-- 22
insert-- 23
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Superannuation (State Public Sector) Amendment Bill 2009
[s 6]
`(d) for a new employer who has given notice under 1
paragraph (c)(ii)--the Minister approves the new 2
employer for this section.'. 3
(2) Section 13A(2)-- 4
omit, insert-- 5
`(2) This Act applies in relation to the employment of the person 6
as if the new employer were a unit of the State public sector.'. 7
Clause 6 Insertion of new s 13AA 8
After section 13A-- 9
insert-- 10
`13AA Continuation of eligibility for membership after 11
employer ceases to be unit of State public sector 12
`(1) This section applies if-- 13
(a) a person's employer ceases to be a unit of the State 14
public sector (the relevant event) and the person 15
continues to be an employee of the employer; and 16
(b) immediately before the relevant event, the person is a 17
member of the scheme; and 18
(c) the relevant event happens under an Act that provides 19
that, on the happening of the relevant event, the person 20
keeps all the person's existing and accruing rights 21
relating to superannuation. 22
`(2) This Act continues to apply in relation to the employment of 23
the person as if the employer were a unit of the State public 24
sector.'. 25
Clause 7 Insertion of new pt 4B 26
After part 4A-- 27
insert-- 28
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Superannuation (State Public Sector) Amendment Bill 2009
[s 7]
`Part 4B Transfer of employees to QSL 1
`31C Definitions for pt 4B 2
`In this part-- 3
QSL means QSuper Limited ACN 125 248 286. 4
relevant employee means a person who, immediately before 5
the transfer day, was-- 6
(a) an employee of the department; and 7
(b) included, for this part, in a list of employees-- 8
(i) signed by the Minister; and 9
(ii) available, in the head office of the department, for 10
inspection by employees to whom the list relates. 11
transfer day means the later of the following-- 12
(a) 1 July 2009; 13
(b) the day this section commences. 14
`31D Transfer of relevant employees 15
`(1) On the transfer day-- 16
(a) all relevant employees are transferred to become 17
employees of QSL; and 18
(b) the records of the department, to the extent they relate to 19
the employment of relevant employees, become the 20
records of QSL. 21
`(2) The transfer does not-- 22
(a) affect a relevant employee's benefits, entitlements or 23
remuneration; or 24
(b) prejudice the relevant employee's existing or accruing 25
rights to superannuation or recreation, sick, long service 26
or other leave; or 27
(c) interrupt the relevant employee's continuity of service; 28
or 29
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Superannuation (State Public Sector) Amendment Bill 2009
[s 7]
(d) constitute, for the relevant employee, a termination of 1
the employee's employment by the department, a 2
retrenchment or a redundancy; or 3
(e) entitle the relevant employee to a payment or other 4
benefit merely because the employee is no longer 5
employed in the department. 6
`(3) If a relevant employee is employed on contract, the transfer 7
has effect despite anything in the contract. 8
`(4) On becoming an employee of QSL, a relevant employee stops 9
being a public service employee. 10
`31E Right to return to public service 11
`(1) A relevant employee transferred under section 31D may, 12
within 1 year after the transfer day, elect to return to being a 13
public service employee. 14
`(2) Subsection (1) does not apply to-- 15
(a) a relevant employee mentioned in section 31D(3); or 16
(b) a relevant employee who, by written notice given to the 17
chief executive officer of QSL, has waived the 18
employee's right under subsection (1). 19
`(3) If a relevant employee is appointed to a position in QSL at a 20
higher level from the position to which the employee was 21
transferred, the appointment may include a condition that the 22
employee waive the employee's right under subsection (1). 23
`(4) An election under subsection (1) must be made by giving 24
written notice (an election notice) to the chief executive 25
officer of QSL. 26
`(5) At least 7 days but not more than 21 days after receiving an 27
election notice, the chief executive officer must give a copy of 28
the notice to the chief executive of the department. 29
`(6) A relevant employee may withdraw an election notice by 30
giving written notice (a withdrawal notice) to the chief 31
executive officer of QSL. 32
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Superannuation (State Public Sector) Amendment Bill 2009
[s 7]
`(7) The withdrawal notice has effect only if it is given to the chief 1
executive officer before the chief executive officer has given a 2
copy of the election notice to the chief executive of the 3
department. 4
`(8) A relevant employee who has given a withdrawal notice under 5
subsection (6) may not give a further election notice under 6
subsection (1). 7
`31F Conditions on return to public service 8
`(1) This section applies to a relevant employee who, under 9
section 31E, elects to return to being a public service 10
employee. 11
`(2) On the relevant employee's return-- 12
(a) the employee is taken not to have stopped being a public 13
service employee when the employee was transferred; 14
and 15
(b) the employee's service as a public service employee is 16
taken to have continued while the employee was 17
employed by QSL; and 18
(c) the records held by QSL that relate to the employee's 19
employment become the records of the department. 20
`(3) Subsection (2) does not allow the relevant employee to claim 21
a benefit of the employee's service more than once for the 22
same period of time.'. 23
© State of Queensland 2009
Page 8
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