Superannuation (State Public Sector) Regulation 1991

Queensland Superannuation (State Public Sector) Act 1990 SUPERANNUATION (STATE PUBLIC SECTOR) REGULATION 1991 Reprinted as in force on 12 May 1995 (includes amendments up to SL No. 97 of 1995) Reprint No. 4 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 Regulation is reprinted as at 12 May 1995. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. The opportunity has been taken, under section 35 of the Reprints Act 1992, to use aspects of format and printing style consistent with current drafting practice. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A Table of previous reprints is included in the Endnotes. Also see Endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland SUPERANNUATION (STATE PUBLIC SECTOR) REGULATION 1991 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3A Declared units of the State public sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Compulsory membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Discretionary membership—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Discretionary membership—Queensland Railways . . . . . . . . . . . . . . . . . . . 5 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 7 COMPULSORY MEMBERSHIP SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 12 DISCRETIONARY MEMBERSHIP ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 17 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4 Table of previous reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

s 1 3 s 3A Superannuation (State Public Sector) Regulation 1991 SUPERANNUATION (STATE PUBLIC SECTOR) REGULATION 1991 [as amended by all amendments that commenced on or before 12 May 1995] ˙ Short title 1. This regulation may be cited as the Superannuation (State Public Sector) Regulation 1991 . ˙ Commencement 2. This regulation commences on 1 July 1991. ˙ Definitions 3. In this regulation— “existing QR employee” means a person who is a QR employee at 31 January 1995. “new QR employee” means a person who starts being a QR employee on or after 1 February 1995. “QR employee” means a person who is employed or engaged by Queensland Railways. “the Fund” means the State Service Superannuation Fund preserved, continued in existence and established under the 1972 Act. “the 1972 Act” means the State Service Superannuation Act 1972 . ˙ Declared units of the State public sector 3A. Each of the following persons is a unit of the State public sector— (a) Queensland Tertiary Admissions Centre Limited; (b) the State (so far as it relates to the engagement of Magistrates).

s4 4 s5 Superannuation (State Public Sector) Regulation 1991 ˙ Compulsory membership 4.(1) It is declared that— (a) a person who— (i) on or after 1 January 1991 commences to be employed or engaged by a unit of the State public sector; and (ii) would have, if the person commenced to be so employed or engaged before that date, been required to contribute to the Fund; is eligible for membership of the scheme; and (b) a person or member of a class of person specified in schedule 1, column 2 who is a permanent employee of or permanently engaged by the unit of the State public sector specified in schedule 1, column 1 opposite the specified person or class of person, is eligible for membership of the scheme, subject to the special conditions (if any) specified in schedule 1, column 3 opposite the specified person or class of person; and (c) membership of the scheme by a person mentioned in paragraph (a) and by a person or a member of a class of person specified in schedule 1, column 2 is compulsory. (2) This section does not apply to a QR employee who is not a member of the scheme at 31 January 1995. ˙ Discretionary membership—general 5.(1) It is declared that— (a) a person who— (i) on or after 1 January 1991, commences to be employed or engaged by a unit of the State public sector; and (ii) would have, if the person commenced to be so employed or engaged before that date, been or become eligible but not required to contribute to the Fund; is eligible for membership of the scheme; and

s6 5 s6 Superannuation (State Public Sector) Regulation 1991 (b) a person who— (i) at 31 December 1990, was an employee of or engaged by a unit of the State public sector; and (ii) was at any time eligible but not required to contribute to the Fund; is eligible for membership of the scheme; and (c) a person or member of a class of person specified in schedule 2, column 2 who is a permanent employee of or permanently engaged by the unit of the State public sector specified in schedule 2, column 1 opposite the specified person or class of person, is eligible for membership of the scheme, subject to the special conditions (if any) specified in schedule 2, column 3 opposite the specified person or class of person; and (d) membership of the scheme by a person mentioned in paragraphs (a) and (b) and by a person or a member of a class of person specified in schedule 2, column 2 is discretionary. (2) This section has effect subject to section 6. ˙ Discretionary membership—Queensland Railways 6.(1) An existing QR employee who is— (a) 24 or more at 31 January 1995 is eligible to become a member of the scheme before 1 February 1996; or (b) under 24 at 31 January 1995 is eligible to become a member of the scheme before the person turns 25. (2) A new QR employee who is— (a) 24 or more when the person becomes a QR employee is eligible to become a member of the scheme within 1 year of becoming a QR employee; or (b) under 24 when the person becomes a QR employee is eligible to become a member of the scheme before the person turns 25. (3) The employee’s membership of the scheme is discretionary.

s6 6 s6 Superannuation (State Public Sector) Regulation 1991 (4) The employee may elect to become a member of the scheme only while the person is eligible for membership. (5) The election must be given by written notice to the chief executive of Queensland Railways.

7 Superannuation (State Public Sector) Regulation 1991 ¡ SCHEDULE 1 † COMPULSORY MEMBERSHIP Item No. Column 1 Unit of the State public sector Column 2 Person or class of person Column 3 Special conditions 1. Queensland Mines A person who is not a Rescue Brigade member of the Queensland Coal and Oil Shale Industry Superannuation Fund 2. Any unit of the State A person who, at public sector 3 November 1990, was a member of the Queensland Government Selected Employees Superannuation Plan 3. Townsville Port A person who, at Authority 31 December 1990, was a contributor to the Townsville Port Authority Staff Superannuation Fund 4. Cairns Port Authority Any person 5. Queensland Small A person who, at 30 June Business 1991, was a contributor to Corporation the Small Business Development Corporation Staff Superannuation Plan — — — — —

8 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 1 (continued) 6. A Hospital Board A resident medical officer constituted under the who— Hospitals Act 1936 or a Regional Health Authority established under the Health Services Act 1991 (a) c o m m e n c e s employment on or after 1 July 1991; and (b) completes 52 weeks employment as a resident medical officer — 7. Industrial Relations An Industrial Commission Commissioner who elects under section 29(4) of the Industrial Relations Act 1990 to become a member of the scheme — 8. Any unit of the State A person who elects under public sector section 3B of the 1972 Act to become a member of the scheme — 9. Queensland Investment Corporation Any person, other than a person who is a contributor to the Fund — 10. Rockhampton Port A person who, at Authority 8 December 1991, was a member of the Rockhampton Port Authority Superannuation Scheme — 11. South East A person who— The standard QBouaerednsland Water (a) ecmomplmoeynmceenst permaanfetnert craotme pisu4ls.o3r3y% 30 June 1992; or (b) was a member of the South East Queensland

9 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 1 (continued) Water Board Suncorp Superplan Scheme on 30 June 1992 12. Gladstone Port Authority A person who— (a) commences permanent employment after 30 June 1992; or — (b) was a member of the Gladstone Port Authority Staff Superannuation Fund on 30 June 1992 13. Livestock and Meat A person who— Authority (a) started employment on 8 August 1992; and — (b) on 7 August 1992— (i) was employed by the Department of Primary Industries in the Veterinary Public Health Branch; and (ii) was a member of the scheme 14. Plane Creek Cane Any person Protection and Productivity Board The standard compulsory rate is 4%

10 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 1 (continued) 15. Queensland Police A person who— The standard Service (a) elects under section 3A compulsory of the Police rate is 6% Superannuation Act 1974 to become a member of the scheme; or (b) starts employment on or after 1 January 1993 and who, if the person had started on 31 December 1992, would have been required to contribute to the Police Superannuation Fund 16. South Bank Corporation A person employed under an individual contract of employment entered into on or after 2 July 1993 — 17. The State (so far as Magistrates it relates to the engagement of Magistrates) — 18. Queensland University of Technology A person who makes an election under section 3B — 19. Mackay Port Authority A person who was a contributor to the Mackay Port Authority Superannuation fund on 30 June 1994 —

11 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 1 (continued) 20. Building and A permanent employee Construction Industry (Portable Long Service Leave) Authority —

12 Superannuation (State Public Sector) Regulation 1991 ¡ SCHEDULE 2 † DISCRETIONARY MEMBERSHIP Item No. Column 1 Unit of the State public sector Column 2 Person or class of person Column 3 S pecia l conditions 1. Criminal Justice An employee within the Commission meaning of section 68(2) of the Criminal Justice Act 1989 — 2. Any unit of the A person employed under State public sector an individual contract of employment and who, immediately before the commencement of that employment, was not— — (a) an officer within the meaning of the 1972 Act; or (b) a member within the meaning of the Police Superannuation Act 1974 ; and whose membership of the scheme has been approved by the relevant unit of the State public sector

13 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 2 (continued) 3. The Council of A person whose — The Queensland membership of the scheme Institute of is approved by the Council Medical Research 4. Townsville Port A person who is not a Authority person mentioned in schedule 1, item 3 — 5. Department of A teacher aide or cleaner Education — 6. Department of A part time employee Health, a Hospitals Board constituted under the Hospitals Act 1936 , or a Regional Health Authority established under the Health Services Act 1991 — 7. Queensland Any person Sugar Corporation or Sugar Board — 8. A Hospitals A resident medical officer Board constituted appointed before 1 July under the 1991 Hospitals Act 1936 or a Regional Health Authority established under the Health Services Act 1991 —

14 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 2 (continued) 9. The Board of Any person Trustees Newstead House — 10. Queensland A person who— Small Business Corporation (a) is not a person mentioned in schedule 1, item 5; and — (b) completes 3 months employment 11. Department of A person who— Health (a) at 11 March 1990, was employed by the John Oxley Memorial Hospitals Board; and — (b) is not a contributor to the Fund 12. Builders’ Registration Board of Queensland Any person — 13. Rockhampton A person who is not a Port Authority person mentioned in schedule 1, item 10 — 14. South East Queensland Water Board A person other than a person mentioned in schedule 1, item 11 The standard compulsory rate is 4.33% 15. Gladstone Port A person other than a Authority person mentioned in schedule 1, item 12 —

15 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 2 (continued) 16. South Bank Corporation A person other than a person mentioned in schedule 1, item 16 17. Princess A person whose Alexandra membership has been Hospital Research approved by the and Development Foundation Foundation 18. Ports Corporation A person whose of Queensland membership has been approved by the Corporation 19. Queensland A person who— Livestock and Meat Authority (a) starts employment on or after 1 July 1994; or (b) was a member of the Livestock and Meat Authority of Queensland Staff S up e ra nn ua ti on Scheme on 31 December 1993 and was employed by the Queensland Livestock and Meat Authority on 1 January 1994 20. Mackay Port Authority A person who starts employment on or after 1 July 1994 21. Supreme Court A person whose Library membership has been approved by the Supreme Court Library Committee — — — — — —

16 Superannuation (State Public Sector) Regulation 1991 SCHEDULE 2 (continued) 22. Prince Charles Any person whose Hospital membership has been Foundation approved by the Foundation 23. Mt Gravatt Community Options Association Incorporated A person whose membership has been approved by the Community Management Committee 24. Queensland Fisheries Management Authority A person whose membership has been approved by the Authority 25. Building and A person who— Construction Industry (Portable Long Service Leave) Authority (a) is not a person mentioned in schedule 1, item 20; and (b) completes 1 year’s employment 26. Q Invest Limited A person whose membership has been approved by the Board of Q Invest Limited — — — — —

17 Superannuation (State Public Sector) Regulation 1991 † ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4 Table of previous reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ´ 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 12 May 1995. Future amendments of the Superannuation (State Public Sector) Regulation 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

18 Superannuation (State Public Sector) Regulation 1991 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretaton Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No. Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of previous reprints Reprint No. Amendments included Reprint date 1 to SL No. 316 of 1993 20 September 1993 2 to SL No. 463 of 1993 23 December 1993 3 to SL No. 329 of 1994 21 September 1994 ´ 5 List of legislation Superannuation (State Public Sector) Regulation 1991 pubd gaz 29 June 1991 pp 1145–51 commenced 1 July 1991 (see s 2) as amended by— Superannuation (State Public Sector—Membership) Amendment Order 1991 SL No. 138 pubd gaz 23 November 1991 pp 1301–4 commenced on date of publication

19 Superannuation (State Public Sector) Regulation 1991 Superannuation (State Public Sector—Membership) Amendment Order (No. 2) 1991 SL No. 152 pubd gaz 7 December 1991 pp 1809–10 commenced 9 December 1991 (see s 2) Superannuation (State Public Sector—Membership) Amendment Order (No. 1) 1992 SL No. 176 pubd gaz 26 June 1992 pp 1976–8 ss 1–2 commenced on date of publication remaining provisions commenced 1 July 1992 (see s 2) Superannuation (State Public Sector—Membership) Amendment Order (No. 2) 1992 SL No. 178 pubd gaz 26 June 1992 pp 1981–3 ss 1–2 commenced on date of publication remaining provisions commenced 1 July 1992 (see s 2) Superannuation (State Public Sector—Membership) Amendment Order (No. 3) 1992 SL No. 396 notfd gaz 11 December 1992 pp 1830–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1993 (see s 2) Superannuation (State Public Sector—Membership) Amendment Order (No. 1) 1993 SL No. 97 notfd gaz 8 April 1993 pp 1752–5 ss 1–2 commenced on date of notification remaining provisions commenced 8 August 1992 (see s 2) Superannuation (State Public Sector—Membership) Amendment Order (No. 2) 1993 SL No. 139 notfd gaz 14 May 1993 pp 445–7 ss 1–2 commenced on date of notification remaining provisions commenced 5 October 1992 (see s 2) Superannuation (State Public Sector—Membership) Amendment Order (No. 3) 1993 SL No. 149 notfd gaz 21 May 1993 pp 541–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 1992 (see s 2) Superannuation (State Public Sector—Membership) (No. 1) 1993 SL No. 248 notfd gaz 2 July 1993 pp 1255–7 commenced on date of notification Amendment Regulation Superannuation (State Public Sector—Membership) (No. 2) 1993 SL No. 316 notfd gaz 20 August 1993 pp 1883–5 commenced on date of notification Amendment Regulation

20 Superannuation (State Public Sector) Regulation 1991 Superannuation (State Public Sector) Amendment Regulation (No. 1) 1993 SL No. 419 notfd gaz 26 November 1993 pp 1483–6 commenced on date of notification Superannuation (State Public Sector) Amendment Regulation (No. 2) 1993 SL No. 463 notfd gaz 17 December 1993 pp 1812–21 commenced on date of notification Superannuation (State Public Sector) Amendment Regulation (No. 1) 1994 SL No. 227 notfd gaz 1 July 1994 pp 1170–7 commenced on date of notification Superannuation (State Public Sector) Amendment Regulation (No. 2) 1994 SL No. 329 notfd gaz 9 September 1994 pp 165–6 commenced on date of notification Superannuation (State Public Sector) Amendment Regulation (No. 3) 1994 SL No. 397 notfd gaz 18 November 1994 pp 1209–10 commenced on date of notification Superannuation (State Public Sector) Amendment Regulation (No. 1) 1995 SL No. 6 notfd gaz 27 January pp 292–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 February 1995 (see s 2) Superannuation (State Public Sector) Amendment Regulation (No. 2) 1995 SL No. 32 notfd gaz 24 February 1995 pp 816–8 commenced on date of notification Superannuation (State Public Sector) Amendment Regulation (No. 3) 1995 SL No. 97 notfd gaz 21 April 1995 pp 1718–21 commenced on date of notification ´ 6 List of annotations First paragraph amd 1991 SL No. 138 s 3 om R1 (see RA s 7(1)(a)) Short title s 1 ins 1991 SL No. 138 s 3 sub 1993 SL No. 248 s 3; 1993 SL No. 316 s 3

21 Superannuation (State Public Sector) Regulation 1991 Commencement s 2 ins 1991 SL No. 138 s 3 Definitions s 3 ins 1991 SL No. 138 s 3 def “existing QR employee” ins 1995 SL No. 6 s 4 def “new QR employee” ins 1995 SL No. 6 s 4 def “QR employee” ins 1995 SL No. 6 s 4 Declared units of the State public sector s 3A ins 1993 SL No. 316 s 4 Application of section s 3B ins 1993 SL No. 463 s 3 om R3 (see RA s 37) Compulsory membership prov hdg ins 1991 SL No. 138 s 4(1) s 4 amd 1991 SL No. 138 s 4; 1995 SL No. 6 s 5 Discretionary membership prov hdg ins 1991 SL No. 138 s 5(1) amd 1995 SL No. 6 s 6 s 5 amd 1991 SL No. 138 s 5; 1995 SL No. 6 s 6 provision (3) om 1991 SL No. 138 s 6 Discretionary membership—Queensland Railways s 6 ins 1995 SL No. 6 s 7 last provision om 1991 SL No. 138 s 7 SCHEDULE 1—COMPULSORY MEMBERSHIP amd 1991 SL No. 138 s 8; 1991 SL No. 152 s 4; 1992 SL No. 176 s 4; 1992 SL No. 178 s 4; 1992 SL No. 396 s 4; 1993 SL No. 97 s 4; 1993 SL No. 139 s 4; 1993 SL No. 149 s 4; 1993 SL No. 248 s 4; 1993 SL No. 316 s 5; 1993 SL No. 463 s 4; 1994 SL No. 227 s 3; 1994 SL No. 329 s 3; 1995 SL No. 32 s 3 SCHEDULE 2—DISCRETIONARY MEMBERSHIP amd 1991 SL No. 138 s 9; 1991 SL No. 152 s 5; 1992 SL No. 176 s 5; 1992 SL No. 178 s 5; 1993 SL No. 139 s 5; 1993 SL No. 248 s 5; 1993 SL No. 419 s 3; 1994 SL No. 227 s 4; 1994 SL No. 329 s 4; 1994 SL No. 397 s 3; 1995 SL No. 32 s 4; 1995 SL No. 97 s 3