Superannuation (Part-Time Officers) Act 1988

Queensland SUPERANNUATION (PART-TIME OFFICERS) ACT 1988 Reprinted as in force on 14 July 1994 (includes amendments up to Act No. 31 of 1992) 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 14 July 1994. The reprint— • shows the law as amended by all amendments that commenced on or before that day • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. 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 Reprints Act 1992 mentioned in the following list have also been made to— • update citations and references (Pt 4, Div 2) • use standard punctuation consistent with current legislative drafting practice (s 27) • use conjunctives and disjunctives consistent with current legislative drafting practice (s 28) • use expressions consistent with current legislative drafting practice (s 29) • use aspects of format and printing style consistent with current legislative drafting practice (s 35) • omit the enacting words (s 42A) • omit provisions that are no longer required (s 39) • number and renumber certain provisions and references (s 43) • correct minor errors (s 44). Also see Endnotes for— • details about when provisions commenced • any provisions that have not commenced and are not incorporated in the reprint • further information about editorial changes made in the reprint, including— • Table of obsolete and redundant provisions • Table of corrected minor errors • Table of renumbered provisions.

Queensland SUPERANNUATION (PART-TIME OFFICERS) ACT 1988 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Rate of voluntary contribution under second Act . . . . . . . . . . . . . . . . . . . . . 5 5 Rate of contribution under first Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Benefits under second Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Calculation of prospective service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Benefits under first Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Restriction on sickness benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 General application of first and second Acts . . . . . . . . . . . . . . . . . . . . . . . . . 7 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 8 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 10 6 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s2 Superannuation (Part-time Officers) Act 1988 SUPERANNUATION (PART-TIME OFFICERS) ACT 1988 [as amended by all amendments that commenced on or before 14 July 1994 2 ] An Act to provide with respect to contributions to and benefits from superannuation schemes in respect of officers in part-time employment ˙ Short title 1. This Act may be cited as the Superannuation (Part-time Officers) Act 1988 3-7 . ˙ Interpretation 2.(1) In this Act— “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 contributor within the meaning of the first or second Act; “first Act” means— (a) in relation to an officer within the meaning of the 1972 Act—the 1958 Act; or (b) in relation to a member—the Police Superannuation Act 1968 ; “full-time officer” means— (a) an officer within the meaning of the 1972 Act; or (b) a member who is employed full-time in a permanent capacity;

s3 4 s3 Superannuation (Part-time Officers) Act 1988 “member” means a member within the meaning of the Police Superannuation Act 1974 ; “officer” means a full-time officer; “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 second Act; “second Act” means— (a) in relation to an officer within the meaning of the 1972 Act—the 1972 Act; or (b) in relation to a member—the Police Superannuation Act 1974 ; “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 1958 ; “the 1972 Act” means the State Service Superannuation Act 1972 . (2) A reference to “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 first or second Act or both such Acts. ˙ Application of Act 3.(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. (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

s4 5 s6 Superannuation (Part-time Officers) Act 1988 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 first or second 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. ˙ Rate of voluntary contribution under second Act 4. Where an election to increase a rate of contribution payable under the second 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. ˙ Rate of contribution under first Act 5. The rate of contribution payable under the first 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. ˙ Benefits under second Act 6.(1) Except as provided by subsection (3), the benefits payable under the second 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%, subject to section 9.

s7 6 s9 Superannuation (Part-time Officers) Act 1988 (2) For the purpose of determining a benefit payable under the second Act in respect of a person who is or was a part-time officer, being a benefit tha t is related to the person’s final average salary, within the 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 second 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. ˙ Calculation of prospective service 7.(1) Where, for the purpose of determining a benefit payable under the second 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%, 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 second 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. ˙ Benefits under first Act 8. The benefits payable under the first 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. ˙ Restriction on sickness benefit 9. 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

s 10 7 s 10 Superannuation (Part-time Officers) Act 1988 rate of pension equal to 75% of the rate of salary payable to that part-time officer immediately before he or she commenced such leave of absence without salary. ˙ General application of first and second Acts 10. The provisions of the first and second Act apply, according to their tenor, to— (a) part-time officers; and (b) 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.

8 Superannuation (Part-time Officers) Act 1988 † ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 July 1994. Future amendments of the Superannuation (Part-time Officers) Act may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´ 3 List of legislation Superannuation (Part-time Officers) Act 1988 No. 111 date of assent 14 December 1988 commenced on date of assent as amended by— Superannuation Legislation Amendment Act 1992 No. 31 Pts 1, 6 date of assent 23 June 1992 commenced on date of assent

9 Superannuation (Part-time Officers) Act 1988 ´ 4 List of annotations Key to abbreviations in list of annotations amd Ch cl def Div hdg ins om prec pres prev (prev) prov Pt RA renum Sdiv sub = = = = = = = = = = = = = = = = = = amended Chapter clause definition Division heading inserted omitted preceding present previous previously provision Part Reprints Act 1992 renumbered Subdivision substituted Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Interpretation s 2 amd 1992 No. 31 s 19(4) def “contributor” om 1992 No. 31 s 19(1) ins 1992 No. 31 s 19(2) def “first Act” ins 1992 No. 31 s 19(2) def “full-time officer” om 1992 No. 31 s 19(1) ins 1992 No. 31 s 19(2) def “member” ins 1992 No. 31 s 19(2) def “officer” om 1992 No. 31 s 19(1) ins 1992 No. 31 s 19(2) def “salary” amd 1992 No. 31 s 19(3) def “second Act” ins 1992 No. 31 s 19(2) Application of Act s 3 amd 1992 No. 31 s 20 Rate of voluntary contribution under second Act prov hdg amd 1992 No. 31 s 21 s 4 amd 1992 No. 31 s 21 Rate of contribution under first Act s 5 amd 1992 No. 31 s 22 amd 1992 No. 31 s 22 Benefits under second Act prov hdg amd 1992 No. 31 s 23 s 6 amd 1992 No. 31 s 23 Calculation of prospective service s 7 amd 1992 No. 31 s 24

10 Superannuation (Part-time Officers) Act 1988 Benefits under first Act prov hdg amd 1992 No. 31 s 25 8 amd 1992 No. 31 s 25 General application of first and second Acts prov hdg amd 1992 No. 31 s 26(1) s 10 amd 1992 No. 31 s 26(2) ´ 5 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 ´ 6 Table of corrected minor errors Provision TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description 2(2) ins ‘to’ before ‘ “occupation” ’ ´ 7 Table of renumbered provisions Original TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Renumbered as 10, 1st unnum para 10, 2nd unnum para 10(a) 10(b)