Superannuation (State Public Sector) Deed 1990

THIS DEED is entered into on 14 June 1990 by
HENRY ROBERT SMERDON, JOHN MERVYN HINCKS, ROSS WILLIAM DUNNING, DALE EDWARD HENNESSY, DESMOND ERNEST BOYLAND, NOEL JOHN ROSS, KAREN SHIRLEY PEUT and THOMAS ALFRED BARTON (who for the time being constitute the Board of Trustees under the Superannuation (State Public Sector) Act 1990)
THIS DEED is entered into on 14 June 1990 by
WHEREAS

A.In terms of section 3.3 of the Act, there is to be established by deed a scheme for the provision of superannuation, retirement, provident or other similar benefits payable from the fund.

Editor’s note—

Section 3.3 was renumbered as section 12 under the Superannuation (State Public Sector) Act 1990, section 4.18.

ch 1 hdg ins 1997 SL No. 171 s 3 sch

1Short title

This deed may be cited as the Superannuation (State Public Sector) Deed 1990.

s 1 ins 1997 SL No. 171 s 3 sch

s 1.3 om 28 July 1994 RA s 36

2Name of scheme

The scheme established by this deed shall be known as QSuper.

s 2 amd 2017 SL No. 104 s 4

3Commencement

The provisions of this deed will take effect from the date on which the order in council by which this deed is approved is published in the gazette.

4Definitions

In this deed—

accessible amount ...

s 4 def accessible amount ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

accumulation account see section 77.

s 4 def accumulation account ins 2000 SL No. 78 s 3 sch 2

accumulation category see section 22(2).

s 4 def accumulation category ins 2000 SL No. 78 s 3 sch 2

Actuary ...

s 4 def Actuary om 1997 SL No. 42 s 2 sch

actuary means the actuary appointed under section 18 to advise the board.

s 4 def actuary sub 1997 SL No. 42 s 2 sch

APRA means the Australian Prudential Regulation Authority.

s 4 def APRA prev def ins 2009 SL No. 79 s 4 (1)

om 2012 SL No. 3 s 4 (retro)

pres def ins 2013 SL No. 50 s 4

assets of the fund means all the cash and authorised investments, including contributions received, belonging to the fund and without limiting the generality of the foregoing includes—

(a)amounts owing to the fund by debtors (excluding any bad debts); and

(b)income accruing from authorised investments of the fund to the extent not included in paragraph (a); and

(c)the proceeds of sale of any part of the fund; and

(d)any prepayment of expenditure; and

(e)all additions or accretions (if any) to the fund which arise by way of dividend interest premium or distribution or which are otherwise received and for the time being retained.

authorised leave, of an employed member, means leave from the member’s duties of employment that is—

(a)approved by the member’s employer; or

(b)authorised by—

(i)a law of the State; or

(ii)an agreement certified, or an award made, by the industrial relations commission.

s 4 def authorised leave ins 1996 SL No. 55 s 2 sch

amd 1997 SL No. 42 s 2 sch

binding death benefit nomination see section 29Q.

s 4 def binding death benefit nomination ins 2013 SL No. 94 s 4

casual employee means an employee who, under the terms of his or her employment, is not entitled to annual leave, sick leave or payment for a public holiday.

s 4 def casual employee ins 2000 SL No. 78 s 3 sch 2

charge percentage means the charge percentage under the Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 19(2), divided by 100.

s 4 def charge percentage ins 2013 SL No. 50 s 4

child see section 5A.

Note—

This definition does not apply for chapter 7 in the circumstances mentioned in section 280AA(1).

s 4 def child ins 2009 SL No. 196 s 3

clause ...

s 4 def clause om 28 July 1994 RA s 39

closed defined benefit category means the standard defined benefit category, State 58 category, State 72 category, police 68 category, police 74 category or fire category.

s 4 def closed defined benefit category ins 2000 SL No. 78 s 3 sch 2

amd 2009 SL No. 79 s 4 (2)

Commonwealth decision-maker means the decision-maker who, under the SIS Act, section 6(1), administers the parts of that Act providing for the release of benefits on compassionate grounds.

s 4 def Commonwealth decision-maker ins 2012 SL No. 3 s 4 (retro)

compassionate ground see the SIS Regulation, regulation 6.01(2).

s 4 def compassionate ground ins 2009 SL No. 79 s 4 (1)

compassionate grounds ...

s 4 def compassionate grounds ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

concessional contributions cap see the Income Tax Assessment Act 1997 (Cwlth), section 292-20(2).

s 4 def concessional contributions cap ins 2009 SL No. 79 s 4 (1)

death benefit dependant, of a member of a superannuation or pension scheme or fund, or a similar scheme or fund, means a person to whom the member’s beneficial interest in the scheme or fund may be paid under the SIS regulation, regulation 6.21(2)(b).

s 4 def death benefit dependant ins 2019 SL No. 95 s 3(1)

death or disablement insurance, for chapter 1, part 4B, see section 23I(1).

s 4 def death or disablement insurance ins 2013 SL No. 226 s 4

defined benefit amount, for a person, for chapter 10, see section 389.

s 4 def defined benefit amount ins 2019 SL No. 95 s 3(1)

defined benefit category see section 22(3).

s 4 def defined benefit category ins 2000 SL No. 78 s 3 sch 2

dependant means in relation to a member the spouse of the member and any other person who in the opinion of the board is or was at the relevant date in an interdependency relationship with the member.

s 4 def dependant amd 2007 SL No. 139 s 4 (2)

disablement means any mental or bodily injury, illness, disease or infirmity.

discontinued scheme means a superannuation scheme that, immediately before the commencement of the Superannuation and Other Legislation Amendment Act 1997, part 6, was operated under any of the following Acts—

•the Fire and Emergency Services Act 1990

Note—

The Fire and Emergency Services Act 1990 was previously known as the Fire and Rescue Service Act 1990.

•the repealed Superannuation (Government and Other Employees) Act 1988

•the repealed Police Superannuation Act 1968

•the repealed Police Superannuation Act 1974

•the repealed Public Service Superannuation Act 1958

•the repealed State Service Superannuation Act 1972.

Editor’s note—

Superannuation and Other Legislation Amendment Act 1997, part 6 commenced 30 June 1997 (see 1997 No. 21 s 2(3)).

s 4 def discontinued scheme ins 1997 SL No. 171 s 3 sch

amd 2002 SL No. 360 s 3 sch; 2014 Act No. 17 s 184 sch 1pt 4

discrimination law commencement means the commencement of the Discrimination Law Amendment Act 2002, part 2.

Editor’s note—

Discrimination Law Amendment Act 2002, part 2 commenced 1 April 2003 (see 2003 SL No. 51).

s 4 def discrimination law commencement ins 2003 SL No. 50 s 3 sch

element taxed in the fund see the Income Tax Assessment Act 1997 (Cwlth), section 995-1(1).

s 4 def element taxed in the fund ins 2009 SL No. 79 s 4 (1)

eligible death benefit see section 29Q.

s 4 def eligible death benefit ins 2013 SL No. 94 s 4

eligible spouse contributions means contributions, made on behalf of a member’s spouse, that are eligible for a tax offset under the Income Tax Assessment Act 1997 (Cwlth), section 290-230.

s 4 def eligible spouse contributions ins 1999 SL No. 130 s 3 sch

sub 2008 SL No. 292 s 4

eligible temporary resident visa has the meaning given by the SIS regulation, regulation 6.01(2).

s 4 def eligible temporary resident visa ins 2009 SL No. 79 s 4 (1)

employed member means a person who is an employee of an entity—

(a)whose membership of the scheme—

(i)is the subject of a membership notice; and

(ii)has commenced under this deed; and

(b)for whom contributions in relation to the employment must be made to the scheme under this deed.

s 4 def employed member ins 1997 SL No. 42 s 2 sch

amd 1997 SL No. 171 s 3 sch

sub 2017 SL No. 104 s 5(1)–(2)

employer in relation to an employed member means the entity of which the employed member is an officer, member or employee (howsoever described).

s 4 def employer amd 1997 SL No. 42 s 2 sch; 2017 SL No. 104 s 5(3)

financial year ...

s 4 def financial year om 1997 SL No. 171 s 3 sch

gainfully employed see the SIS regulation, regulation 1.03.

s 4 def gainfully employed ins 2009 SL No. 79 s 4 (1)

income stream funds, for a superannuation income stream for a person, means moneys, or an amount, mentioned in section 394(2)(c) that is used to pay or purchase the income stream for the person.

s 4 def income stream funds ins 2019 SL No. 95 s 3(1)

index means the all groups consumer price index for Brisbane published by the Australian Statistician.

s 4 def index ins 2000 SL No. 78 s 3 sch 1

insured member, for chapter 1, part 4B, see section 23H.

s 4 def insured member ins 2013 SL No. 226 s 4

interdependency relationship see the SIS Act, section 10A.

s 4 def interdependency relationship ins 2007 SL No. 139 s 4 (1)

June index means the index for the last quarter of a financial year.

s 4 def June index ins 2000 SL No. 78 s 3 sch 1

legal personal representative means the executor or administrator of the estate of the deceased member, the trustee of the estate of a member under a legal disability or a person who holds a general power of attorney granted by a member.

member see section 5.

s 4 def member sub 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

membership notice means—

(a)a notice under section 14B(1) of the Act; or

(b)a written agreement between a standard employer-sponsor of the scheme and the board providing for the following for some or all of the standard employer-sponsors’ employees—

(i)the employees’ eligibility for membership in the comprehensive accumulation category or basic accumulation category;

(ii)any conditions applying to the employees’ membership of the scheme.

s 4 def membership notice ins 2017 SL No. 104 s 5(2)

MySuper member means a member who holds a MySuper product.

s 4 def MySuper member ins 2013 SL No. 50 s 4

MySuper product means a class of beneficial interest in the fund that is a MySuper product under the SIS Act, section 10(1).

s 4 def MySuper product ins 2013 SL No. 50 s 4

new Legislative Assembly member means a member of the Legislative Assembly to whom the Parliamentary Contributory Superannuation Act 1970 does not apply.

s 4 def new Legislative Assembly member ins 2006 SL No. 87 s 3 sch (retro)

non-casual employee means an employee other than a casual employee.

s 4 def non-casual employee ins 2006 SL No. 87 s 3 sch

non-concessional contribution means—

(a)a contribution complying with the Income Tax Assessment Act 1997 (Cwlth), section 292-90(2); or

(b)an amount mentioned in the Income Tax Assessment Act 1997 (Cwlth), section 292-90(4).

s 4 def non-concessional contribution ins 2009 SL No. 79 s 4 (1)

non-concessional contributions cap see the Income Tax Assessment Act 1997 (Cwlth), section 292-85(2).

s 4 def non-concessional contributions cap ins 2009 SL No. 79 s 4 (1)

non-preserved transfer amount, for a member, means an amount, received by the board under section 26(1), that the board has undertaken, on receipt of the amount, to pay to the member on the member’s request.

s 4 def non-preserved transfer amount ins 1999 SL No. 131 s 3 sch

non-public sector accumulation account ...

s 4 def non-public sector accumulation account ins 2009 SL No. 79 s 4 (1)

om 2017 SL No. 104 s 5(1)

permanent and partial disablement means disablement of a degree which in the opinion of the board is such as to render an employed member permanently unfit to discharge or incapable of discharging the duties of the member’s office efficiently, but is not total and permanent disablement.

s 4 def permanent and partial disablement amd 1997 SL No. 42 s 2 sch

reloc 1997 SL No. 171 s 3 sch; 2013 SL No. 226 s 8

preservation age means—

(a)for a person born before 1 July 1960—55 years; or

(b)for a person born between 1 July 1960 and 30 June 1961 inclusive—56 years; or

(c)for a person born between 1 July 1961 and 30 June 1962 inclusive—57 years; or

(d)for a person born between 1 July 1962 and 30 June 1963 inclusive—58 years; or

(e)for a person born between 1 July 1963 and 30 June 1964 inclusive—59 years; or

(f)for a person born after 30 June 1964—60 years.

s 4 def preservation age ins 1999 SL No. 131 s 3 sch

amd 2019 SL No. 95 s 3(2)

preservation cashing condition—

(a)for chapter 2, see section 32; or

(b)for chapter 3, see section 68; or

(c)for chapter 5, see section 165; or

(d)for chapter 7, see section 280; or

(e)for chapter 10, see section 389.

s 4 def preservation cashing condition ins 2019 SL No. 95 s 3(1)

previous spouse, of a person, means—

(a)a deceased spouse of the person; or

(b)a divorced husband or wife of the person; or

(c)a de facto partner of the person who has separated from the person.

s 4 def previous spouse ins 2003 SL No. 50 s 3 sch

retirement income stream means a superannuation income stream other than a transition to retirement income stream.

s 4 def retirement income stream ins 2019 SL No. 95 s 3(1)

reversionary beneficiary see section 390.

s 4 def reversionary beneficiary ins 2019 SL No. 95 s 3(1)

RSE licensee law see the SIS Act, section 10(1).

s 4 def RSE licensee law ins 2013 SL No. 50 s 4

severe financial hardship ground ...

s 4 def severe financial hardship ground ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

SIS regulation means the Superannuation Industry (Supervision) Regulations 1994 (Cwlth).

s 4 def SIS regulation ins 2007 SL No. 139 s 4 (1)

standard employer-sponsor see the SIS Act, section 16(2).

s 4 def standard employer-sponsor ins 2017 SL No. 104 s 5(2)

superannuation guarantee charge means the charge imposed by the Superannuation Guarantee Charge Act 1992 (Cwlth).

s 4 def superannuation guarantee charge ins 1996 SL No. 55 s 2 sch

superannuation income stream means an annuity or pension within the meaning of the SIS Act.

s 4 def superannuation income stream ins 2019 SL No. 95 s 3(1)

superannuation interest see the Income Tax Assessment Act 1997 (Cwlth), section 995-1(1).

s 4 def superannuation interest ins 2009 SL No. 79 s 4 (1)

superannuation system has the meaning given to it by the SIS regulation, regulation 5.01.

s 4 def superannuation system ins 1996 SL No. 55 s 2 sch

amd 2012 SL No. 3 s 3 sch

surcharge debt accounts, for chapter 1, part 7I, see section 29ZD.

s 4 def surcharge debt accounts ins 2017 SL No. 104 s 5(2)

tax includes all income tax, capital gains, stamp, financial institutions, registration and other duties, debit tax, value added tax or other tax for or in relation to the provision of services and other taxed levies, imposts, deductions and charges whatsoever (including in respect of any duty imposed on receipts or liabilities of financial institutions any amounts paid in respect thereof to another financial institution) together with interest thereon and penalties with respect thereto (if any) and charges, fees or other amounts made on or in respect thereof whether imposed by or charged in relation to the Income Tax Assessment Act 1936 (Cwlth) or any other Act or the Commonwealth or of any State or Territory.

s 4 def tax amd 1999 SL No. 130 s 3 sch; 1999 SL No. 131 s 3 sch

Tax Act ...

s 4 def Tax Act om 1999 SL No. 130 s 3 sch

taxed splittable contribution means a contribution made to the fund that is a taxable contribution under the Income Tax Assessment Act 1997 (Cwlth), chapter 3, part 3-30, division 295, subdivision 295-C.

s 4 def taxed splittable contribution ins 2009 SL No. 79 s 4 (1)

tax file number see the Income Tax Assessment Act 1936 (Cwlth), section 202A.

s 4 def tax file number ins 2009 SL No. 79 s 4 (1)

temporary disablement means disablement of a degree which, in the opinion of the board, is such as to render an employed member for the time being unfit to discharge or incapable of discharging the duties of the member’s office and is not total and permanent disablement or permanent and partial disablement.

s 4 def temporary disablement amd 1997 SL No. 42 s 2 sch

total and permanent disablement means disablement of a degree which, in the opinion of the board after obtaining the advice of not fewer than 2 medical practitioners, is such as to render the member unlikely ever to be able to work again in a job for which the member is reasonably qualified by education, training or experience.

transition to retirement income stream means a transition to retirement income stream under the SIS regulation, regulation 6.01(2).

s 4 def transition to retirement income stream ins 2019 SL No. 95 s 3(1)

voluntary contribution account ...

s 4 def voluntary contribution account ins 1997 SL No. 171 s 3 sch

om 2000 SL No. 78 s 3 sch 2

voluntary contribution and preservation account ...

s 4 def voluntary contribution and preservation account sub 1997 SL No. 42 s 2 sch

om 1997 SL No. 171 s 3 sch

voluntary preservation account ...

s 4 def voluntary preservation account ins 1997 SL No. 171 s 3 sch

om 2000 SL No. 78 s 3 sch 2

voluntary preservation earning rate ...

s 4 def voluntary preservation earning rate ins 1991 SL No. 89 s 2

sub 1991 SL No. 160 s 3

om 1997 SL No. 171 s 3 sch

year means a calendar year.

s 4 amd 28 July 1994 RA s 39; 1997 SL No. 42 s 2 sch

5Meaning of member

(1)A person is a member if—

(a)the person is an employed member; or

(b)there is an amount in an accumulation account kept for the person; or

(c)the person has ceased to be an employed member and an amount is to be credited to the person’s accumulation account on the happening of an event mentioned in section 52(2); or

(d)the person has ceased to be an employed member and a benefit is payable for the person under chapter 4, 5, 6, 7 or 9; or

(e)a benefit is payable to the person under this deed in the form of a pension; or

(f)the person becomes a member in an accumulation category under section 69(1) or (2); or

(g)the person becomes a member in the income stream category under chapter 10.

(2)However, except so far as the context or subject matter otherwise indicates or requires, a reference in a chapter to a member is a reference only to a member in the category to which that chapter applies.

s 5 ins 1997 SL No. 171 s 3 sch

sub 1999 SL No. 130 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2009 SL No. 79 s 5; 2013 SL No. 94 s 5; 2017 SL No. 104 s 6; 2019 SL No. 95 s 4

5AMeaning of child

(1)A child, in relation to a person, includes—

(a)an adopted child, a stepchild or an exnuptial child of the person; and

(b)a child of the person’s spouse; and

(c)a child of the person under the Family Law Act 1975.

(2)However, for the operation of a beneficial provision, a child of a person is a child under this deed only if—

(a)the child is under 18 years; or

(b)the child is under 25 years and, in the opinion of the board, is receiving full-time education at a school, college or university; or

(c)the child, in the opinion of the board, has a disability at the relevant time the beneficial provision applies in relation to the person.

(3)In this section—

beneficial provision means a provision of this deed that provides for a benefit for a child.

disability see the Disability Services Act 2006, section 11.

relevant time, a beneficial provision applies in relation to a person, means the earliest time at which the provision would provide for a benefit to a child, of the person, who is under 18 years.

Example—

If a provision provided for the payment of a benefit to a person’s child at the death of the person, the relevant time for the provision would be at the death of the person and the person’s child with a disability would need to have the disability at the death of the person to be a child under this deed.

s 5A ins 2009 SL No. 196 s 4

amd 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 ss 73–74)

6Single unit of the State public sector

For this deed, all departments are taken to be a single unit of the State public sector.

s 6 ins 1997 SL No. 42 s 2 sch

7Law to apply

This trust deed shall be interpreted and construed in accordance with the law of the State.

8Application of deed to categories of members

(1)This deed divides the membership of the scheme into categories.

(2)Different chapters of this deed apply to different categories of members.

(3)This chapter applies to all members.

(4)Chapters 2 to 10 provide for the particular categories of members to which they apply.

s 8 prev s 1.6 om 1996 SL No. 55 s 2 sch

pres s 8 ins 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2007 SL No. 139 s 5; 2013 SL No. 50 s 5; 2017 SL No. 104 s 3 sch 1; 2019 SL No. 95 s 5

9References to period of membership etc. for members transferring from discontinued schemes

(1)This section applies to a member who, under former section 34 of the Act, ceased being a member of a discontinued scheme and became a member of this scheme in a category other than the former defined benefit category.

(2)A reference in this deed to the member’s period of membership includes a reference to the period for which the member was a member of the discontinued scheme.

(3)A reference in this deed to the time the person became a member is a reference to the time the member became a member of the discontinued scheme.

(4)A reference in this deed to contributions or payments in relation to the member under this scheme includes a reference to the equivalent contributions or payments in relation to the member under the discontinued scheme.

(5)A reference in this deed to the member’s salary at or for a time during membership includes a reference to the member’s salary at or for the relevant time during membership of the discontinued scheme.

(6)A reference in this deed to an entitlement under this scheme in relation to the member includes a reference to the equivalent entitlement in relation to the member under the discontinued scheme.

(7)A reference in this deed to an election, approval or other decision under this scheme in relation to the member includes a reference to the equivalent election, approval or other decision in relation to the member under the discontinued scheme.

(8)A reference in this deed to the doing or happening of anything else, or the existence of any other state of affairs, in relation to the member includes a reference to the doing or happening of the equivalent thing, or the existence of the equivalent state of affairs, in relation to the member while a member of the discontinued scheme.

(9)Subsections (2) to (8) apply except so far as the context or subject matter otherwise indicates or requires.

(10)In this section—

former defined benefit category means the category by that name existing immediately after the commencement of former section 34 of the Act.

former section 34 of the Act means the provision inserted in the Act, as section 34, by the Superannuation and Other Legislation Amendment Act 1997.

s 9 ins 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

10References to matters relating to other persons with entitlements under discontinued schemes

(1)This section applies to a person who was entitled to a benefit under a discontinued scheme, other than as a member of the scheme, immediately before the scheme was discontinued on the commencement of the Superannuation and Other Legislation Amendment Act 1997, part 6.

(2)Section 9(2) to (8) applies to the person as if a reference to a matter relating to membership were a reference to the equivalent matter relating to the person’s entitlement to the benefit.

(3)Subsection (2) applies except so far as the context or subject matter otherwise indicates or requires.

s 10 ins 1997 SL No. 171 s 3 sch

ch 1 pt 2 hdg sub 2017 SL No. 104 s 7

12Functions and duties of board

The board shall administer the scheme in accordance with the provisions of this deed and the Act for the purpose of providing benefits upon retirement and certain other contingencies for present and future members of the scheme and their dependants.

13Powers and authorities

In addition to any other powers and authorities contained in the Act or this deed, the board may—

(a)open and close banking accounts and give directions as to the operation of such bank accounts; and

(b)obtain finance in compliance with the SIS Act; and

(c)consult and obtain the advice or services of an actuary or other consultant specialising in superannuation matters or any other person whose advice or services the board may consider should be obtained for the purposes of the proper administration of the scheme; and

(d)deduct tax from any payment out of the fund or, to the extent that the board determines, deduct any amount of tax that may be or is assessed upon contributions credited to or income earned from the investment of the assets of the fund, and remit any amount of tax payable to the government authority entitled thereto or to the person liable for that amount; and

(e)institute, conduct, defend, compound or abandon any legal proceedings by or against the fund or its officers or otherwise concerning the affairs of the fund and also compound and allow time for payment or satisfaction of any debts due and of any claims or demands by or against the fund; and

(f)make and give receipts, releases and other discharges for money payable to the fund and for claims and demands on the fund; and

(g)pay benefits out of the fund to persons entitled thereto; and

(h)in case of mental or physical ill-health, or incapacity of a person entitled to benefits, pay or apply such benefits or any part thereof, at its discretion to or for the benefit of such person and the dependants of such person and in such proportions between them as the board may determine; and

(i)insure all or part of any liability (contingent or otherwise) in respect of any benefits that could arise under or pursuant to this deed; and

(j)create and maintain a reserve; and

(k)apply the amount in a reserve in the way the board considers appropriate; and

(l)do all acts and things necessary to apply for and maintain an authorisation from APRA to offer a MySuper product; and

(m)offer a MySuper product the subject of an authorisation mentioned in paragraph (l); and

(n) enter into an arrangement with an entity under which the entity becomes a standard employer-sponsor of the scheme; and

Note—

See, however, section 34A of the Act, in relation to particular GOCs.

(o)do all acts and things as and when and in the manner it considers in its discretion necessary or expedient or convenient for or in connection with the management, operation, control and administration of the scheme and for the exercise and performance of its powers, authorities, functions and duties or to comply with a RSE licensee law.

s 13 amd 1996 SL No. 55 s 2 sch; 2007 SL No. 139 s 6; 2013 SL No. 50 s 6; 2017 SL No. 104 s 8

14Discretionary power of the board

(1)Where the board is satisfied, after such inquiry as it thinks necessary, that a person has lost or ceased to be entitled to a right, privilege, or benefit under this scheme to which that person was otherwise entitled or might have obtained, and that it is just and equitable that the person should be allowed to have the enjoyment of the right, privilege, or benefit, the board may permit the person to exercise the right or grant to the person the privilege or benefit.

(2)The board may, in the exercise of its power under subsection (1) impose such conditions and requirements as it may think just.

14ARemuneration of the board

(1)The board is entitled to be paid, and retain for its own benefit, the reasonable remuneration decided by the board.

(2)The board’s remuneration may be deducted from the assets of the fund in the way decided by the board.

(3)The board may charge a member or class of members a different fee, or a different amount of a fee, based on the criteria the board considers fair and reasonable.

(4)In addition to the remuneration under subsection (1), the board is entitled to charge and retain for its own benefit from the assets of the fund the fees the board is allowed to charge under the Family Law Act 1975 (Cwlth), section 90XY.

s 14A ins 2021 SL No. 179 s 3

15Income and expenditure

There shall be credited to the fund—

(a)all contributions paid by, or for, members; and

(b)all investment earnings of the fund; and

(c)all contributions paid by the Treasurer to the fund under the scheme; and

(d)all contributions paid by an employer to the fund; and

(e)all other moneys received by or on behalf of the board in respect of the scheme;

and there shall be paid from the fund—

(f)all tax payable; and

(g)benefits payable in accordance with this deed to persons who are entitled to benefits from the fund; and

(h)all the expenses for the establishment, amendment and operation of the fund incurred from time to time.

s 15 amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch; 2002 SL No. 360 s 3 sch; 2003 SL No. 291 s 3 sch 2

15A Assets of the fund

(1)The board must keep assets of the fund attributable to defined benefits (defined benefit assets) separate from assets of the fund attributable to accumulation accounts (accumulation assets).

(2)Subsection (1) does not apply to assets of the fund used to pay tax or operational expenses as long as subsection (3) is complied with.

(3)The board must not—

(a)apply defined benefit assets for the payment of amounts related to accumulation accounts; or

(b)apply accumulation assets for the payment of amounts related to defined benefits.

(4)Subsection (3) does not apply to changes to the assets of the fund arising from the transfer of a member’s beneficial interest between the defined benefit category and an accumulation category.

(5)In this section—

defined benefits means benefits payable under this deed to defined benefit members.

operational expenses means expenses for the operation of the fund, including, for example, administration costs.

s 15A ins 2017 SL No. 104 s 9

16Investment

The board must arrange for the investment of all amounts standing to the credit of the fund that in the board’s opinion are not immediately required for the payment of benefits under this deed or for the purposes of the Act.

s 16 amd 1997 SL No. 42 s 2 sch

sub 2007 SL No. 139 s 7; 2008 SL No. 292 s 5

16AInvestment objectives, strategies and policies

(1)The board may change the investment objective, strategy or policy under section 11 of the Act that applies to all or part of a member’s beneficial interest in the fund.

(2)Without limiting subsection (1), the board may decide that—

(a)an investment objective, strategy or policy is no longer available, or may apply only to a particular beneficial interest; or

(b)a new investment objective, strategy or policy will—

(i)replace an existing investment objective, strategy or policy; and

(ii)apply to all or part of a member’s beneficial interest, unless the member chooses an alternative investment objective, strategy or policy.

Note—

For disclosure requirements that may apply in relation to the board’s decision, see the Corporations Act 2001 (Cwlth), section 1017B as modified by the Corporations Regulation 2001 (Cwlth), schedule 10A, part 10, section 10.1.

s 16A ins 2013 SL No. 226 s 5

17Investment manager’s obligations

(1)The investment manager appointed for the purposes of section 11(1) of the Act shall be appointed to act as agent of the board in the investment of moneys for the time being standing to the credit of the fund that are available for investment.

(2)All investment of moneys shall be arranged through the investment manager.

(3)The investment manager—

(a)shall operate within any investment strategy and policy as may be determined for the time being by the board; and

(b)shall report to the board on the state of the board’s investment and the investment market at such times and in such manner as the board determines.

s 17 amd 1997 SL No. 42 s 2 sch; 2007 SL No. 139 s 8

18Appointment of actuary

(1)The board shall from time to time arrange for the appointment of an actuary to advise it in relation to the fund generally and in the particular instances where reference is made in this deed to the advice of the actuary.

(2)A person appointed under subsection (1) must be appointed in compliance with a RSE licensee law.

s 18 amd 1997 SL No. 42 s 2 sch; 2013 SL No. 50 s 7

19Actuarial reports

(1)An investigation and report as to the state and sufficiency of the fund shall be made by the actuary periodically so that there shall not be a period longer than 3 years between successive such investigations.

(2)Any report given shall include—

(a)a statement of assets of the fund; and

(b)a statement as to any liability for benefit payments not expected to be financed out of the assets of the fund or any future contributions to the fund; and

(c)any other matters which the actuary may consider appropriate generally.

(3)The board must give—

(a)a copy of the actuary’s report to—

(i)the Treasurer; or

(ii)if required by the SIS Act or a prudential standard made under the SIS Act—APRA; or

(b)if a member asks for a copy or an extract of the report—the copy or extract asked for by the member.

(4)The board may also disclose a copy of the actuary’s report, or make a copy of the actuary’s report publicly available, in the way the board considers appropriate.

s 19 amd 1997 SL No. 171 s 3 sch; 2013 SL No. 50 s 8

19AObligations if the fund is terminated

(1)This section applies, despite any other provision of this deed, if the fund is terminated.

(2)The board must—

(a)decide the day (the date of termination) the fund is terminated; and

(b)nominate another fund (the successor fund) which the board is satisfied will confer on members equivalent rights to the rights the members have under this deed in relation to entitlements to benefits; and

(c)enter into a written agreement with the trustee of the successor fund agreeing that the successor fund will confer on members equivalent rights to the rights the members have under this deed in relation to entitlements to benefits; and

(d)give written notice to all members stating the following—

(i)the fund is terminated;

(ii)the reasons the fund was terminated;

(iii)the details of the benefits and contributions under the successor fund, including matters relating to continuity of existing insurance cover for members;

(iv)the details of the operation of the successor fund, including matters relating to claims, made after the date of termination, relating to events happening before the date of termination; and

(e)pay all outstanding expenses of the fund and make provision for any future expenses; and

(f)determine an amount, on the advice of the actuary, which is equal to the actuarial value of all defined benefit members’ defined benefits at the date of termination; and

(g)transfer the assets of the fund to the successor fund; and

(h)produce, and audit, a final set of financial statements.

(3)For section 29(1)(a) of the Act, a contribution to the fund by the Crown must be paid by the Treasurer and be equal to the total of the following amounts—

(a)an amount equal to the amount determined by the board under subsection (2)(f) less—

(i)any share of the defined benefits satisfied by contributions already paid by the Crown; and

(ii)any share of the defined benefits satisfied by contributions already paid by the defined benefit members to whom the benefits are payable and accumulated interest on the contributions;

(b)an amount equal to the tax liability payable in relation to the amount mentioned in paragraph (a).

(4)In this section—

accumulated interest, on contributions paid by a defined benefit member, means interest credited to the member’s account under the deed that is attributable to the amount of the contributions.

defined benefit members means members in a defined benefit category under this deed.

defined benefits means benefits payable under this deed to defined benefit members.

s 19A ins 2009 SL No. 196 s 5

22Membership categories

(1)Each member belongs to 1 or more of the following categories—

•comprehensive accumulation category

•basic accumulation category

•general accumulation category

•standard defined benefit category

•State 58 category

•State 72 category

•police 68 category

•police 74 category

•fire category

•parliament 70 category

•income stream category.

(2)The comprehensive accumulation, basic accumulation and general accumulation categories are accumulation categories.

(3)The other categories, other than the income stream category, are defined benefit categories.

(4)A member for whom contributions are being paid in a defined benefit category is also a member in the basic accumulation category if there is an amount in an accumulation account kept for the member, or an amount is required under this deed to be paid to an accumulation account kept for the member.

(5)A member may not receive employer contributions, or be required to make member contributions, for the member’s membership in both an accumulation category and a defined benefit category, for the same period, in relation to the same employment.

(6)Subsection (5) does not apply to—

(a)employer contributions made for an employed member for the member’s membership in the State 72 category or police 74 category and the member’s membership in the basic accumulation category; or

(b)voluntary contributions made under section 27C(2) for a member by the member’s employer, under an arrangement between the member and the employer, and employer contributions made for the member’s membership in the standard defined benefit category; or

(c)the following contributions made in relation to a new Legislative Assembly member who receives an additional salary under the Parliament of Queensland Act 2001, section 112—

(i)employer contributions made under section 73 for the member and employer contributions made for the member’s membership in the standard defined benefit category;

(ii)member contributions made by the member under sections 35 and 71; or

(d)a top-up amount paid to the board under section 27A on behalf of a member by the member’s employer.

s 22 ins 1997 SL No. 171 s 3 sch

amd 1999 SL No. 130 s 3 sch; 2000 SL No. 78 s 3 sch 2; 2001 SL No. 255 s 3 sch; 2006 SL No. 87 s 3 sch (retro); 2007 SL No. 139 s 9; 2009 SL No. 79 s 6; 2017 SL No. 104 s 10; 2019 SL No. 95 s 6; 2019 SL No. 96 s 4

22AInitial membership category for new employed members

(1)This section states the membership category to which a person who is an employed member belongs on becoming a member of the scheme (the person’s initial category).

(2)If a membership notice states only 1 category for which the person is eligible, the person’s initial category is the category stated in the notice.

(3)If a membership notice states more than 1 category for which the person is eligible, the person may choose 1 of the stated categories to be the person’s initial category by giving written notice to the board.

(4)If the person chooses a category under subsection (3), the person’s initial category is the chosen category.

(5)If the person does not choose a category under subsection (3) but the membership notice states that membership of the scheme is compulsory for the person, the person’s initial category is as follows—

(a)for a non-casual employee—

(i)if the person is eligible for the comprehensive accumulation category—that category; or

(ii)otherwise—the basic accumulation category;

(b)for a casual employee—the basic accumulation category.

s 22A ins 2000 SL No. 78 s 3 sch 2

amd 2003 SL No. 291 s 3 sch 2; 2017 SL No. 104 s 12

22B Initial membership category for new members other than employed members

On becoming a member of the scheme, a person who is not an employed member belongs to—

(a)the general accumulation category; or

(b)if the person becomes a member in the income stream category under chapter 10—the income stream category.

s 22B ins 2017 SL No. 104 s 11

amd 2019 SL No. 95 s 7

ch 1 pt 4A hdg ins 2000 SL No. 78 s 3 sch 2

ch 1 pt 4A div 1 hdg ins 2000 SL No. 78 s 3 sch 2

23Definitions for pt 4A

In this part—

category means a membership category.

transfer amount see section 23F.

s 23 prev s 23 ins 1997 SL No. 171 s 3 sch

om 2000 SL No. 78 s 3 sch 2

pres s 23 ins 2000 SL No. 78 s 3 sch 2

23AEligibility to transfer

A member may transfer from one category to another under this part only if—

(a)the member is—

(i)an employed member; or

(ii)a member in the State 72 category and has made an election under section 191(2); or

(iii)a member in the police 74 category and has made an election under section 299(2); and

(b)a membership notice states that the member is eligible for the other category.

s 23A ins 2000 SL No. 78 s 3 sch 2

amd 2008 SL No. 292 s 6; 2017 SL No. 104 s 3 sch 1

23BElection to transfer

(1)A member may transfer from one category to another by giving to the board a written election to transfer.

(2)The election must include an election mentioned in section 23C(3) if—

(a)the transfer is from the standard defined benefit category to an accumulation category; and

(b)the member is under the age of 55 years.

(3)This section applies subject to section 23A and division 2.

s 23B ins 2000 SL No. 78 s 3 sch 2

amd 2017 SL No. 104 s 13

23BATransfer to basic accumulation category for members turning 75

(1)If an employed member turns 75, the member is transferred to the basic accumulation category.

(2)This section applies despite section 23A(b).

s 23BA ins 2013 SL No. 50 s 9

23BB Transfer to general accumulation category for members who are no longer employed members

(1)This section applies if—

(a)a person is an employed member in the basic accumulation category or the comprehensive accumulation category; and

(b)there is an amount kept for the person in an accumulation account for that category.

(2)If the person stops being an employed member, the person stops being a member in the comprehensive accumulation category or basic accumulation category and is transferred to the general accumulation category.

(3)This section applies despite section 23A(b).

s 23BB ins 2017 SL No. 104 s 14

23BC Transfer to initial category for members who again become employed members

(1)This section applies to a person who was transferred to the general accumulation category under section 23BB(2) if—

(a)the person has not stopped being a member of the scheme; and

(b)the person again becomes an employed member.

(2)On becoming an employed member again, the person is transferred to the category that would be the person’s initial category under section 22A if the person were becoming an employed member of the scheme for the first time.

(3)This section applies despite section 23A(b).

s 23BC ins 2017 SL No. 104 s 14

ch 1 pt 4A div 2 hdg ins 2000 SL No. 78 s 3 sch 2

23CAccumulation categories

(1)The following applies to a member who transfers from the comprehensive accumulation category to another category—

(a)any amount in the member’s accumulation account is not affected by the transfer;

(b)the member stops being a member in the comprehensive accumulation category.

(2)The following applies to a member who transfers from the basic accumulation category to another category—

(a)any amount in the member’s accumulation account is not affected by the transfer;

(b)the member stops being a member in the basic accumulation category.

(3)If a member in the standard defined benefit category who is under the age of 55 years transfers from the category to an accumulation category, the member must elect whether to—

(a)transfer an amount calculated under section 23F(3) to the member’s accumulation account; or

(b)keep the member’s entitlement under section 52(2).

(4)If the member makes an election under subsection (3)(a), the member stops being a member in the standard defined benefit category when the board pays the amount calculated under section 23F(3) to the member’s accumulation account.

(5)If the member makes an election under subsection (3)(b), the member starts to be a member of the accumulation category at the time mentioned in section 69, but does not stop being a member of the standard defined benefit category merely because of the transfer.

(6)If a member in the State 72 category transfers from the category to an accumulation category, the member stops being a member in the State 72 category when the board pays the amount calculated under section 23F(4) or 23FA(3) to the member’s accumulation account.

(7)If a member in the police 74 category transfers from the category to an accumulation category, the member stops being a member in the police 74 category when the board pays the amount calculated under section 23F(5) or 23FA(4) to the member’s accumulation account.

s 23C ins 2000 SL No. 78 s 3 sch 2

amd 2001 SL No. 255 s 3 sch; 2008 SL No. 292 s 7; 2009 SL No. 79 s 7; 2017 SL No. 104 ss 15, 3 sch 1

23EClosed defined benefit categories

A member may not transfer to a closed defined benefit category.

s 23E ins 2000 SL No. 78 s 3 sch 2

23FTransfer amounts

(1)This section applies to a member who—

(a)is under the age of 55 years and transfers from the standard defined benefit category to an accumulation category and makes an election under section 23C(3)(a); or

(b)is 55 years or more and transfers from the standard defined benefit category to an accumulation category; or

(c)transfers from the State 72 category or police 74 category to an accumulation category.

(1A)However, this section does not apply to a member to whom section 23FA applies.

(2)On the transfer of the member to the accumulation category, the board must pay the amount stated in this section (the transfer amount) to the member’s accumulation account.

(3)The transfer amount for a transfer from the standard defined benefit category is—

(a)for a member mentioned in subsection (1)(a)—the amount that would have been credited to the member’s accumulation account, on the transfer day, if the member had resigned and made a request under section 52(8); or

(b)for a member mentioned in subsection (1)(b)—the amount that would have been credited to the member’s accumulation account under section 45B, on the transfer day, if the member had retired or otherwise left the service of the employer.

(4)The transfer amount for a transfer from the State 72 category is—

(a)if the member is less than 55 on the transfer day—the amount that would have been credited in the fund for the member under section 191(4) if the member had ceased to be a member in the State 72 category by resigning on the transfer day and had made an election under section 191(2); or

(b)if the member is at least 55 on the transfer day—the following amount, calculated as if the member had ceased to be a member in the State 72 category by resigning on the transfer day—

(i)if the member is entitled under chapter 5 to a lump sum—the amount of the lump sum;

(ii)if the member is entitled under chapter 5 to a pension—the amount of the lump sum to which the member would be entitled if the member made an election under section 205 to convert the pension to a lump sum.

(5)The transfer amount for a transfer from the police 74 category is—

(a)if the member is less than 55 on the transfer day—the amount that would have been credited in the fund for the member under section 299(4) if the member had ceased to be a member in the police 74 category by resigning on the transfer day and had made an election under section 299(2); or

(b)if the member is at least 55 on the transfer day—the amount of the lump sum to which the member would be entitled if the member had retired on the transfer day and had made an election under section 312 to convert to a lump sum the pension to which the member would be entitled under section 290 or 291.

(6)In this section—

transfer day means the first day for which the member’s employer makes a contribution for the person’s membership in the accumulation category to which the person is transferring.

s 23F ins 2000 SL No. 78 s 3 sch 2

amd 2008 SL No. 292 s 8; 2017 SL No. 104 s 16; 2020 SL No. 63 s 4

23FATransfer amounts for certain members

(1)This section applies to a member in the State 72 or police 74 category—

(a)on whose account an amount was credited to the fund under section 191(4) or 299(4); and

(b)who transfers from the State 72 or police 74 category to an accumulation category.

(2)On the transfer of the member to the accumulation category, the board must pay the amount stated in this section (the transfer amount) to the member’s accumulation account.

(3)The transfer amount for a transfer from the State 72 category is the amount credited in the fund on behalf of the member under section 191(4), together with interest, calculated at the rate determined under section 191(9), for the period from the day the amount was credited in the fund to the day of the transfer.

(4)The transfer amount for a transfer from the police 74 category is the amount credited in the fund on behalf of the member under section 299(4), together with interest, calculated at the rate determined under section 299(10), for the period from the day the amount was credited in the fund to the day of the transfer.

s 23FA ins 2008 SL No. 292 s 9

ch 1 pt 4B hdg ins 2013 SL No. 226 s 6

23HDefinitions for pt 4B

In this part—

death or disablement insurance see section 23I(1).

insured member means a member insured under section 23I.

s 23H ins 2013 SL No. 226 s 6

23IProvision of death or disablement insurance

(1)The board may provide insurance to a member against death or disablement of the member (death or disablement insurance).

(2)The board may enter into a group life assurance policy to provide some or all of the insurance.

(3)In this section—

disablement means disablement that is—

(a)temporary disablement; or

(b)permanent and partial disablement; or

(c)total and permanent disablement.

s 23I ins 2013 SL No. 226 s 6

23JInsurance terms

(1)The board must decide the terms on which death or disablement insurance is provided.

(2)The terms of the insurance may, for example, include terms about the following matters—

(a)the process for applying for the insurance;

(b)the requirements, including any medical requirements, for eligibility to—

(i)become an insured member; or

(ii)increase the level of insurance cover provided to an insured member;

(c)benefits;

(d)the disclosure of relevant information to the board for the board to decide—

(i)an issue about the payment of a benefit; or

(ii)whether the requirements mentioned in paragraph (b) are satisfied; or

(iii)another issue relating to the proper conduct of the insurance scheme;

(e)ending a member’s insurance cover.

s 23J ins 2013 SL No. 226 s 6

23KPremiums

Subject to its agreeing otherwise with an insured member, the board may deduct premiums for the member’s death or disablement insurance from the member’s accumulation account.

s 23K ins 2013 SL No. 226 s 6

amd 2017 SL No. 104 s 3 sch 1

23LTransitional—insured persons under previous s 65, 84 or 88

(1)This section applies to a person (the insured person) who, immediately before the commencement, is provided with insurance under previous section 65, 84 or 88.

(2)The board must continue to provide the insurance to the insured person on the same terms.

(3)However, the terms may be amended at any time after the commencement.

(4)The board may cancel the insured person’s insurance only if—

(a)under the terms, the person ceases to be insured; or

(b)the person has requested the cancellation.

(5)In this section—

commencement means the commencement of this section.

previous section 65, 84 or 88 means section 65, 84 or 88 as in force before the commencement.

s 23L ins 2013 SL No. 226 s 6

s 6.1 amd 1997 SL No. 42 s 2 sch

om 1997 SL No. 171 s 3 sch

s 6.2 sub 1991 SL No. 160 s 6

amd 1991 SL No. 89 s 3; 1994 SL No. 71 s 2 sch; 1997 SL No. 42 s 2 sch

om 1997 SL No. 171 s 3 sch

s 6.3 amd 1996 SL No. 55 s 2 sch; 1997 SL No. 42 s 2 sch

om 1997 SL No. 171 s 3 sch

s 6.4 ins 1997 SL No. 42 s 2 sch

om 1997 SL No. 171 s 3 sch

24Persons to give information

Every member and every person claiming a benefit or making a withdrawal from an accumulation account or in receipt of a pension shall from time to time give the board such information or evidence or such authorisation as may be necessary to obtain that information or evidence, and produce such documents, as the board shall consider to be required for the purpose of the proper administration of the scheme.

s 24 amd 1997 SL No. 171 s 3 sch; 2000 SL No. 78 s 3 sch 2

25Medical examinations

An employed member who lodges a claim for a benefit relating to disablement shall submit to such medical examinations as the board may reasonably direct.

s 25 amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

ch 1 pt 6 hdg prev pt 6 hdg om 1997 SL No. 171 s 3 sch

pres pt 6 hdg sub 2000 SL No. 78 s 3 sch 2

26Transfers in

(1)The board may in its absolute discretion receive from some other superannuation pension or like scheme or fund or from the trustees or administrators or other controlling body thereof any moneys in respect of a member’s, or a prospective member’s, interest in that other scheme or fund or from a life assurance office or from a previous employer of that member or prospective member or from such other source approved by the board.

(2)If the board receives an amount for a member or a prospective member under subsection (1), the board must—

(a)pay the amount into the member’s or prospective member’s accumulation account; or

(b)if the member or prospective member has applied under section 394 to start a superannuation income stream—use the amount as income stream funds for the income stream.

(3)In this section—

prospective member means a person who has applied to the board to become a member.

s 26 amd o in c pubd gaz 29 June 1991 pp 1133–6; 2000 SL No. 78 s 3 sch 2; 2009 SL No. 79 s 9; 2017 SL No. 104 s 3 sch 1; 2019 SL No. 95 s 8

27Transfers out

(1)A payment made under this section must comply with the SIS regulation, division 6.4.

(2)The board may pay to another superannuation, pension or like scheme or fund—

(a)for a member who is not an employed member—an amount in the member’s accumulation account; or

(b)for an employed member—

(i)an amount in the member’s accumulation account that was received under section 26; or

(ii)on the conditions approved by the board, an amount in the member’s accumulation account received other than under section 26.

Note—

See also sections 397(2)(c)(ii) and 398(2)(d).

(3)However, an amount mentioned in subsection (2)(b)(ii) must not include an amount paid to the member’s accumulation account under section 73(1) if the member is an employed member in the basic accumulation category and also a member in the State 72 or police 74 category.

(4)If a member is transferred from a unit of the State public sector to another entity because of the transfer of a function of the unit to the entity, the board may pay to the entity’s superannuation, pension or like scheme or fund an amount representing the member’s entitlement under the scheme as decided by the board on the advice of the actuary.

s 27 ins o in c pubd gaz 29 June 1991 pp 1133–6

amd 1995 SL No. 7 s 2 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch; 2000 SL No. 78 s 3 sch 2; 2006 SL No. 87 s 3 sch; 2007 SL No. 139 s 10; 2009 SL No. 79 s 10; 2013 SL No. 94 s 6; 2017 SL No. 104 s 3 sch 1; 2019 SL No. 95 s 9

s 10.3 om o in c pubd gaz 29 June 1991 pp 1133–6

s 11.3 amd 1997 SL No. 42 s 2 sch

om 1997 SL No. 171 s 3 sch

s 11.4 amd 1997 SL No. 42 s 2 sch

om 1997 SL No. 171 s 3 sch

s 11.6 om 1996 SL No. 55 s 2 sch

s 11.8 ins 1997 SL No. 42 s 2 sch

om 3 October 1997 RA s 39

ch 1 pt 6A hdg prev pt 6A hdg ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

pres pt 6A hdg ins 2005 SL No. 45 s 2 sch 1

sub 2008 SL No. 292 s 10 (retro)

ch 1 pt 6A div 1 hdg ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

ch 1 pt 6A div 2 hdg ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

ch 1 pt 6A div 3 hdg ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

27AAdditional contributions to be made by employer for certain members

(1)This section does not apply for a financial year if a member and employer enter into an agreement under section 74.

(2)If, in a period, the contributions paid to the board by an employer of a member on behalf of the member is less than the charge percentage of the ordinary time earnings paid by the employer to the member for the period, the employer must pay an amount (a top-up amount) equal to the difference to the board.

(3)If the board receives a top-up amount on behalf of a member, the board must credit the member’s accumulation account with the amount.

(4)In this section—

ordinary time earnings means the total of the following—

(a)earnings for ordinary hours of work, other than any of the following payments made to an employee on the termination of the employee’s employment—

(i)a payment for unused sick leave; or

(ii)an unused annual leave payment, or unused long service leave payment, within the meaning of the Income Tax Assessment Act 1997;

(b)amounts for over-award payments, shift loadings or commissions.

s 27A prev s 27A ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

pres s 27A ins 2005 SL No. 45 s 2 sch 1

sub 2008 SL No. 292 s 10 (retro)

amd 2011 SL No. 92 s 3; 2013 SL No. 50 s 10; 2017 SL No. 104 s 3 sch 1

ch 1 pt 6B hdg ins 1999 SL No. 131 s 3 sch

sub 2019 SL No. 96 s 5

ch 1 pt 6B div 1 hdg ins 2019 SL No. 96 s 5

27BContributions to fund paid by the Treasurer—Act, s 29

(1)For section 29(1)(a) of the Act, the contribution payable by the Treasurer for a defined benefit for a defined benefit member is the amount decided by the board on the advice of the actuary.

(2)The contribution under subsection (1) must be paid when the defined benefit member becomes entitled to the defined benefit, regardless of whether or not the defined benefit is paid out of the fund.

(3)In addition to any contribution paid under subsection (1), the Treasurer may at any time pay to the fund a contribution the Treasurer considers necessary or desirable for the efficient and effective operation of the fund.

(4)In this section—

defined benefit, for a defined benefit member, means a benefit to which the member is entitled under this deed.

defined benefit member means a member in a defined benefit category.

s 27B orig s 27B ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

prev s 27B ins 2005 SL No. 45 s 2 sch 1

om 2008 SL No. 292 s 10 (retro)

pres s 27B ins 2019 SL No. 96 s 5

ch 1 pt 6B div 2 hdg ins 2019 SL No. 96 s 5

27CAcceptance of contributions

(1)The board may accept a contribution made by or for a member under this deed only if the contribution is made in accordance with the SIS regulation, regulation 7.04.

(2)In addition, the board may in its absolute discretion accept a voluntary contribution made by or for a member.

(3)If the board accepts a voluntary contribution, the contribution must be credited to the member’s accumulation account.

(4)If the board does not accept a contribution, the board must return the contribution in accordance with the SIS regulation, regulation 7.04(4).

(5)In this section—

voluntary contribution means a contribution that is not required to be made under this deed.

s 27C orig s 27C ins 1999 SL No. 65 s 2 sch

om 2000 SL No. 78 s 3 sch 2

prev s 27C ins 2005 SL No. 45 s 2 sch 1

om 2008 SL No. 292 s 10 (retro)

pres s 27C ins 2019 SL No. 96 s 5

28Information to members

The board shall supply in writing to each member—

(a)on becoming a member; and

(b)after the close of each financial year; and

(c)upon ceasing to be a member; and

(d)at other times required under a RSE licensee law;

a statement containing such information as the board considers necessary or desirable to give that member reasonable knowledge of that member’s entitlements from the fund.

s 28 amd 2013 SL No. 50 s 11

29Rounding of monetary amounts

The amount of a contribution or benefit calculated under the deed, when expressed in dollars and cents, must be rounded to the nearest cent.

s 29 ins 1997 SL No. 171 s 3 sch

ch 1 pt 7A hdg ins 2002 SL No. 360 s 3 sch

29ADefinitions for pt 7A

In this part—

1999 cashable amount, for a member, means the amount that is the 1999 cashable amount for the member under the chapter for the particular category of members to which the member belongs.

Note—

For a particular member’s 1999 cashable amount, see definition 1999 cashable amount in section 32 (Definitions for ch 2), 68 (Definitions for ch 3), 165 (Interpretation) or 280 (Interpretation).

agreement or court order means an agreement or court order mentioned in the definition entitled former spouse.

component, of a member’s fund amount, means the member’s 1999 cashable amount, non-preserved transfer amount or preserved amount under the scheme.

entitled former spouse means a person who is entitled or conditionally entitled, under an agreement under the Family Law Act 1975 (Cwlth) or a court order under that Act, to payment of an amount from the fund.

fund amount see section 29C(5).

s 29A def fund amount amd 2020 SL No. 217 s 3(2)

operative time, for an agreement or court order, means the operative time, under the Family Law Act 1975 (Cwlth), part VIIIB, for the agreement or order.

preserved amount, for a member, means the amount that is the member’s preserved amount for the scheme under the chapter for the particular category of members to which the member belongs.

Note—

For a particular member’s preserved amount for the scheme, see section 55A (Preserved amount), 82A (Preserved amount), 165A (Preserved amount) or 280A (Preserved amount).

splittable payment see the Family Law Act 1975 (Cwlth), section 90XE.

s 29A def splittable payment ins 2020 SL No. 217 s 3(1)

transfer amount see section 29C(5).

s 29A def transfer amount amd 2020 SL No. 217 s 3(3)

s 29A ins 2002 SL No. 360 s 3 sch

29BCalculating member’s entitlement

The board must calculate a member’s entitlement for an agreement or court order in the way decided by the board on the advice of the actuary.

s 29B ins 2002 SL No. 360 s 3 sch

29CDealing with agreement or court order

(1)This section applies if the board receives an agreement or court order.

(2)The board—

(a)must, in accordance with the requirements under the agreement or court order, either—

(i)pay the entitled former spouse the proportion of the splittable payment to which the entitled former spouse is entitled under the agreement or order effective from the operative time for the agreement or order; or

(ii)transfer the proportion of the splittable payment to which the entitled former spouse is entitled under the agreement or order to the entitled former spouse’s accumulation account effective from the operative time for the agreement or order; and

(b)may take other action necessary to comply with the requirements under the agreement or court order.

(3)If the board is to act under subsection (2)(a)(ii) and the entitled former spouse does not have an accumulation account, the board must establish an accumulation account for the entitled former spouse effective from the operative time for the agreement or court order.

(4)If the board pays the entitled former spouse a proportion of the splittable payment under subsection (2)(a)(i), the board must reduce the splittable payment that, other than for the agreement or court order, would have been payable from the fund to the member by the proportion of the splittable payment paid to the entitled former spouse.

(5)If the board transfers a proportion of the splittable payment to the entitled former spouse’s accumulation account under subsection (2)(a)(ii), the board must reduce the amount that, other than for the agreement or court order, would have been payable from the fund to the member (the fund amount) by the amount transferred to the entitled former spouse (the transfer amount).

(6)For subsection (5), the board—

(a)must reduce the member’s fund amount in the way decided by the board on the advice of the actuary, subject to paragraph (b); and

(b)must reduce each component of the member’s fund amount in equal proportions.

s 29C ins 2002 SL No. 360 s 3 sch

amd 2004 SL No. 134 s 2 sch

sub 2020 SL No. 217 s 4

29DHow transfer amount is dealt with

(1)This section applies in relation to an entitled former spouse who receives a transfer amount in relation to a member.

(2)Subject to subsection (3), each part of a component of the member’s fund amount that is transferred, under the agreement or court order, to the entitled former spouse’s accumulation account is taken to be an amount of that type of component for the entitled former spouse.

(3)If a part of the member’s 1999 cashable amount is transferred, the part is taken to be a preserved amount for the scheme.

s 29D ins 2002 SL No. 360 s 3 sch

amd 2020 SL No. 217 s 5

29DAAgreement or court order for pension or superannuation income stream being paid to a member

(1)This section applies if the board receives an agreement or court order for a splittable payment that, at the operative time for the agreement or order, is—

(a) a pension being paid to a member under chapter 4, 5, 6 or 7, other than an incapacity benefit or incapacity pension; or

(b) a superannuation income stream under chapter 10 whose agreed features, within the meaning of section 389, permit the treatment mentioned in this section.

(2)The board must—

(a)pay the entitled former spouse for the agreement or court order the proportion of the pension or income stream to which the entitled former spouse is entitled under the agreement or order (the spouse’s entitlement); and

(b)reduce the pension or income stream that, other than for the agreement or court order, would be payable to the member, by the spouse’s entitlement.

(3)Subject to subsection (4), the board must pay the spouse’s entitlement as a pension or superannuation income stream for the period—

(a)starting at the operative time for the agreement or order; and

(b)ending on the day the pension or income stream being paid to the member is no longer payable to the member.

(4)The board must pay the entitled former spouse a pension or superannuation income stream for his or her lifetime (a lifetime pension) if the entitled former spouse elects to be paid a lifetime pension.

(5)An election for subsection (4) must be—

(a)in writing; and

(b)given to the board within 3 months after the board receives the agreement or order.

(6)If the entitled former spouse elects to be paid a lifetime pension, it must be worked out in the way decided by the board on the advice of the actuary.

s 29DA ins 2003 SL No. 291 s 3 sch 1

amd 2005 SL No. 45 s 2 sch 2; 2020 SL No. 217 s 6

29EEffect of agreement or court order on particular benefit

(1)This section applies to a person who—

(a)is an entitled former spouse who receives a transfer amount in relation to a member; and

(b)after receiving the transfer amount, becomes eligible under chapter 4, 5, 6 or 7 to receive a benefit in the person’s capacity as the member’s spouse.

(2)Despite chapter 4, 5, 6 or 7, the person is not entitled to receive the benefit.

s 29E ins 2002 SL No. 360 s 3 sch

29FAgreement or court order does not affect particular members’ benefits

(1)This section applies in relation to a member whose fund amount is reduced under an agreement or court order.

(2)The reduction does not reduce or otherwise affect any of the following benefits the member is entitled to under the scheme—

(a)income protection benefit payable under section 50;

(b)incapacity benefit payable under chapter 4;

(c)incapacity pension payable under chapter 5.

s 29F ins 2002 SL No. 360 s 3 sch

amd 2020 SL No. 217 s 7

ch 1 pt 7C hdg ins 2007 SL No. 139 s 15

29NBenefits affected by a freezing notice

(1)This section applies if the board receives a freezing notice from the official receiver in relation to a benefit of a member (the affected member).

(2)The board must not pay the benefit to the member or transfer the member’s benefit under section 27 unless—

(a)the payment or transfer is for a purpose under the Bankruptcy Act 1966 (Cwlth), section 128E(2); or

(b)the payment or transfer has the consent of the official receiver under Bankruptcy Act 1966 (Cwlth), section 128H; or

(c)there has been a revocation of the freezing notice under the Bankruptcy Act 1966 (Cwlth), section 128F; or

(d)the freezing notice has been set aside by a court under the Bankruptcy Act 1966 (Cwlth), section 128J.

(3)The board must give a copy of the freezing notice to the affected member.

(4)In this section—

freezing notice means a superannuation account-freezing notice under the Bankruptcy Act 1966 (Cwlth), section 128E(2).

official receiver means an official receiver under the Bankruptcy Act 1966 (Cwlth).

s 29N ins 2007 SL No. 139 s 15

29OAmounts deducted under the Bankruptcy Act 1966 (Cwlth)

(1)This section applies if—

(a)the board receives a notice to pay an amount from a member’s benefit under the Bankruptcy Act 1966 (Cwlth), section 139ZQ; or

(b)an order for the payment of an amount from a member’s benefit has been made under the Bankruptcy Act 1966 (Cwlth), sections 128K or 139ZU.

(2)The board must deduct the amount from the member’s benefit and pay the amount to the person nominated in the notice or order.

s 29O ins 2007 SL No. 139 s 15

ch 1 pt 7D hdg ins 2012 SL No. 3 s 5

29PBenefits affected under proceeds of crime legislation

(1)This section applies if, on or after the commencement of this section, all or part of a member’s benefit is forfeited (the forfeited amount) to the Commonwealth or a State under a forfeiture law, whether under a court order or otherwise.

(2)The board must—

(a)deduct the forfeited amount from the member’s benefit; and

(b)pay the forfeited amount as required under the forfeiture law.

(3)In this section—

forfeiture law means a law of the Commonwealth or a State mentioned in the table in the SIS regulation, regulation 5.08(1A).

Note—

The following sections of the Criminal Proceeds Confiscation Act 2002 are forfeiture laws—

•section 58 (Making forfeiture order)

•section 58A (Forfeiture order relating to external serious crime related activity)

•section 151 (Making forfeiture order)

•Chapter 3, part 5 (Automatic forfeiture).

s 29P ins 2012 SL No. 3 s 5

ch 1 pt 7E hdg ins 2013 SL No. 94 s 7

29QDefinitions for pt 7E

In this part—

binding death benefit nomination means a notice that complies with the requirements under the SIS Regulation, regulation 6.17A.

eligible death benefit, for a member, means a benefit that would, on the member’s death, be payable to the member’s legal personal representative or other person approved or decided by the board under any of the following provisions—

(a)section 80;

(b)section 107(3);

(c)section 115;

(d)section 123(1) and (3);

(e)section 124(1);

(f)section 141(2);

(g)section 155(6);

(h)section 185(1);

(i)section 191(4), (10) and (12);

(j)section 211(7);

(k)section 231(3);

(l)section 239;

(m)section 246(1) and (3);

(n)section 247(1);

(o)section 262(2);

(p)section 294(1);

(q)section 299(4) and (11);

(r)section 340(6);

(s)section 396(4).

Note—

A superannuation income stream is payable under section 396(4) only if there is no reversionary beneficiary for the income stream.

s 29Q def eligible death benefit amd 2017 SL No. 104 s 3 sch 1; 2019 SL No. 95 s 11

s 29Q ins 2013 SL No. 94 s 7

29RGiving binding death benefit nomination

A member may give the board a binding death benefit nomination for the member’s eligible death benefits.

s 29R ins 2013 SL No. 94 s 7

29SEffect of binding death benefit nomination on eligible death benefits

(1)If there is a binding death benefit nomination in effect for a member’s eligible death benefits, the eligible death benefits must be paid in compliance with the SIS Regulation, regulation 6.17A.

(2)Subsection (1) applies despite any other provision of this deed providing for payment of an eligible death benefit to the member’s legal personal representative or other person approved or decided by the board.

s 29S ins 2013 SL No. 94 s 7

ch 1 pt 7F hdg ins 2013 SL No. 226 s 7

29TDeferred retirement benefit amount

(1)The purpose of this section is to declare what is a deferred retirement benefit amount.

Note—

Under the SIS regulation, regulation 1.04(3A)(d)(ii), a member who has a deferred retirement benefit amount is taken to be a defined benefit member for the SIS Act, section 20B or part 2C.

(2)A deferred retirement benefit amount is—

(a)an amount mentioned in section 52(2) until it is credited under that subsection; or

(b)an amount credited to the fund under section 141(2), 191(4), 262(2) or 299(4) until it is paid under that subsection.

s 29T ins 2013 SL No. 226 s 7

ch 1 pt 7G hdg ins 2015 SL No. 72 s 3

ch 1 pt 7G div 1 hdg ins 2015 SL No. 72 s 3

29UDefinitions for pt 7G

In this part—

accessible amount, for a member, means the total of the following amounts—

(a)the amount (if any) in the member’s accumulation account but, if contributions are being made for the member’s membership in the State 72 or police 74 category, excluding—

(i)

each amount paid by an employer under section 73 (the first amount), less an amount mentioned in section 77(3) applicable to the first amount; and

(ii)earnings under section 78 on each amount paid by an employer under section 73;

(b)if the member is a member in the standard defined benefit category—the member’s defined benefit amount.

s 29U def accessible amount amd 2017 SL No. 104 s 3 sch 1

Commonwealth income support agency means a Commonwealth department or agency responsible for administering a class of Commonwealth income support payments.

Commonwealth income support payment has the meaning given by the SIS regulation, regulation 6.01(2).

component, of a member’s accessible amount, means an amount mentioned in definition accessible amount, paragraph (a) or (b).

s 29U def component amd 2017 SL No. 104 s 3 sch 1

defined benefit amount, for a member in the standard defined benefit category, means—

(a)if the member has attained the age of 55 years—the amount that would be payable from the fund to the member as a member in the standard defined benefit category if the member retires; or

(b)if the member is under the age of 55 years and is an employed member—

(i)the amount that would be credited to the member’s accumulation account under section 52 for the member’s current employment if the member resigns and makes a request under section 52(8); and

(ii)the amount (if any) mentioned in section 52(2) that would be credited to the member’s accumulation account for the member’s previous employment if the member makes a request under section 52(8); or

(c)if the member is under the age of 55 years and is not an employed member—the amount mentioned in section 52(2) that would be credited to the member’s accumulation account if the member makes a request under section 52(8).

severe financial hardship ground means a ground applying to a member under section 29X.

s 29U ins 2015 SL No. 72 s 3

ch 1 pt 7G div 2 hdg ins 2015 SL No. 72 s 3

29VAccess to accessible amount on compassionate grounds

(1)This section applies if under the SIS regulation—

(a)a member applies to the Commonwealth decision-maker for payment of the whole, or a part, of the member’s accessible amount; and

(b)the Commonwealth decision-maker decides that the member is entitled to a release of benefits on compassionate grounds.

(2)The board must pay to the member the amount approved by the Commonwealth decision-maker (the approved amount).

(3)If the approved amount is less than the member’s accessible amount and the member’s accessible amount comprises more than 1 component, the member may elect the component that is to be used for paying the approved amount to the member.

(4)The election must—

(a)be made in writing to the board; and

(b)state how much of the approved amount is to come from each component of the member’s accessible amount.

(5)If the member elects for all or part of the member’s defined benefit amount to be used for paying the approved amount to the member, the board must reduce the member’s defined benefit amount by the part of it used for paying the approved amount.

(6)The reduction in the defined benefit amount mentioned in subsection (5) must be made in the way decided by the board on the advice of the actuary.

s 29V ins 2015 SL No. 72 s 3

amd 2020 SL No. 63 s 5 (retro)

ch 1 pt 7G div 3 hdg ins 2015 SL No. 72 s 3

29WApplication for access

(1)A member may apply to the board for payment of the whole, or a part, of the member’s accessible amount on a severe financial hardship ground (financial hardship payment).

(2)An application under subsection (1) must—

(a)be made in writing; and

(b)if the application relates to only part of the member’s accessible amount and the member’s accessible amount comprises more than 1 component, state the component that is to be used for making the financial hardship payment to the member.

s 29W ins 2015 SL No. 72 s 3

29XAccess to accessible amount on severe financial hardship ground

(1)The board may make a financial hardship payment to the member only if the board is satisfied a severe financial hardship ground applies to the member.

(2)The payment may only be made as a single lump sum.

(3)A severe financial hardship ground applies to a member if—

(a)the member gives the board a written statement from a Commonwealth income support agency stating—

(i)the member has received Commonwealth income support payments for a continuous period of 26 weeks; and

(ii)the member was receiving the income support payments at the date of the statement; and

(b)the board is satisfied the member can not meet reasonable and immediate family living expenses.

(4)Also, for a member who has reached preservation age and 39 weeks or more, a severe financial hardship ground applies to a member if—

(a)the member gives the board a written statement from a Commonwealth income support agency stating the member received Commonwealth income support payments for a cumulative period of 39 weeks after the member reached preservation age; and

(b)the board is satisfied the member was not employed for at least 10 hours a week on the date of the member’s application to the board.

(5)The date of the statement mentioned in subsection (3)(a) must not be more than 21 days before the date of the member’s application to the board.

(6)If an application made under section 29W(2) states that all or part of the member’s defined benefit amount is to be used for making a financial hardship payment to the member, the board must reduce the member’s defined benefit amount by the part of it used for making the financial hardship payment.

(7)The reduction in the defined benefit amount mentioned in subsection (6) must be made in the way decided by the board on the advice of the actuary.

s 29X ins 2015 SL No. 72 s 3

29YLimitations on access

(1)This section applies to a payment to a member on the severe financial hardship ground stated in section 29X(3).

(2)The board may pay the member—

(a)a minimum amount of the lower of the following—

(i)$1,000;

(ii)the member’s accessible amount; and

(b)a maximum amount of $10,000.

(3)The board may not make a further payment to the member on the ground within 12 months after the payment.

s 29Y ins 2015 SL No. 72 s 3

ch 1 pt 7H hdg ins 2015 SL No. 72 s 3

29ZDefinitions for pt 7H

In this part—

commissioner means the commissioner of taxation under the Income Tax Assessment Act 1997 (Cwlth).

debt account discharge liability, for a superannuation interest, see the Taxation Administration Act 1953 (Cwlth), schedule 1, section 133-120.

s 29Z ins 2015 SL No. 72 s 3

29ZAPayments under release authority generally

(1)This section applies if the board—

(a)is given a release authority under taxation legislation for an amount held in a member’s accumulation account; and

(b)is, because of receiving the release authority, required, under the taxation legislation, to pay an amount (the release amount) to the commissioner or the member (the proper recipient).

(2)The board must withdraw the release amount from the member’s accumulation account and pay the amount to the proper recipient.

Note—

For examples of provisions of taxation legislation providing for payment of amounts under a release authority, see—

•the Income Tax Assessment Act 1997 (Cwlth), subdivision 292-G

•the Taxation Administration Act 1953 (Cwlth), schedule 1, divisions 96 and 135.

(3)In this section—

taxation legislation means the Income Tax Assessment Act 1997 (Cwlth) or the Taxation Administration Act 1953 (Cwlth).

s 29ZA ins 2015 SL No. 72 s 3

amd 2017 SL No. 104 s 3 sch 1

29ZBPayments under release authority using pension for particular members

(1)This section applies if—

(a)under section 29ZA, the board is required to pay a release amount to the commissioner; and

(b)the release amount relates to the member’s debt account discharge liability for a superannuation interest; and

(c)the member belongs to a closed defined benefit category and—

(i)has elected to take all or part of the benefit payable to the member for membership of that category in the form of a pension (the member’s pension); or

(ii)is receiving an incapacity pension, other than an incapacity pension for a period of sick leave of absence without salary (also the member’s pension).

(2)The member may elect that all or part of the release amount be paid from the member’s pension—

(a)as a lump sum; or

(b)at periodic intervals.

(3)The election must—

(a)be made in writing to the board; and

(b)state the amount that is to be paid from the member’s pension as mentioned in subsection (2)(a) or (b).

(4)The amount mentioned in subsection (3)(b) must be paid from the member’s defined benefit amount in the way decided by the board on the advice of the actuary.

(5)The maximum amount of the member’s pension that may be used to pay the release amount under this part is the amount stated under subsection (3)(b).

s 29ZB ins 2015 SL No. 72 s 3

29ZCPayments under release authority using defined benefit amount

(1)This section applies if—

(a)under section 29ZA, the board is required to pay a release amount to the commissioner; and

(b)the release amount relates to the member’s debt account discharge liability for a superannuation interest; and

(c)the member belongs to the standard defined benefit category.

(2)The member may elect that all or part of the release amount be paid from the member’s defined benefit amount.

(3)The election must—

(a)be made in writing to the board; and

(b)state the amount that is to be paid from the member’s defined benefit amount as mentioned in subsection (2).

(4)The amount mentioned in subsection (3)(b) must be paid from the member’s defined benefit amount in the way decided by the board on the advice of the actuary.

(5)The maximum amount of the member’s defined benefit amount that may be used to pay the release amount under this part is the amount stated under subsection (3)(b).

(6)In this section—

defined benefit amount see section 29U.

s 29ZC ins 2015 SL No. 72 s 3

ch 1 pt 7I hdg ins 2017 SL No. 104 s 17

29ZDDefinition for part

In this part—

surcharge debt account, for a member, means the surcharge debt account kept for the member under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth), section 16.

s 29ZD ins 2017 SL No. 104 s 17

29ZEReferences to benefits payable to members

(1)In this part, a reference to a benefit payable under this deed to a member includes a reference to a benefit payable to someone else who has derived an entitlement to the benefit through the member.

(2)However, subsection (1) does not apply to a benefit payable to a child in the form of a pension if the child has derived an entitlement to the pension through the member.

s 29ZE ins 2017 SL No. 104 s 17

29ZFAmount to be deducted from benefits

(1)If a benefit is payable under this deed to a member, the board must deduct from the employer-financed component of the benefit an amount equal to the balance of the member’s surcharge debt account.

(2)This section applies subject to sections 29ZG and 29ZH.

s 29ZF ins 2017 SL No. 104 s 17

29ZGLimit on deduction on refund of certain contributions

(1)This section applies if a benefit is payable to—

(a)a police 74 member or State 72 member as a refund of contributions; or

(b)a parliament 70 member.

(2)The amount deducted under section 29ZF must not be more than the total of the following amounts—

(a)15% of the employer-financed component of the part of the benefit that accrued after 20 August 1996 and before 1 July 2003;

(b)14.5% of the employer-financed component of the part of the benefit that accrued after 30 June 2003 and before 1 July 2004;

(c)12.5% of the employer-financed component of the part of the benefit that accrued after 30 June 2004 and before 1 July 2005.

s 29ZG ins 2017 SL No. 104 s 17

29ZHDeduction from benefits paid as pension

(1)This section applies if a benefit is payable to a member in the form of a pension.

(2)The board must comply with section 29ZF by reducing the pension, by an amount equal to the balance of the member’s surcharge debt account, in the way decided by the board on the advice of an actuary.

s 29ZH ins 2017 SL No. 104 s 17

29ZIElection to take part of pension as a lump sum to meet surcharge liability

(1)This section applies to a member who—

(a)is a former member of the Legislative Assembly who was elected before 17 December 2004; and

(b)is being paid a benefit in the form of a pension for membership in the parliament 70 category; and

(c)is liable to pay a superannuation contributions surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth), section 10, relating to the benefit.

(2)The member may elect to be paid a lump sum instead of a part of the pension.

(3)The maximum amount that may be paid as a lump sum under the election is the amount of the liability mentioned in subsection (1)(c).

(4)The election must be—

(a)made in writing to the board; and

(b)accompanied by a copy of the assessment stating the amount of the liability mentioned in subsection (1)(c).

(5)The board must act on the election by reducing the pension by the amount of the lump sum.

(6)The reduction must happen in the way decided by the board on the advice of an actuary.

(7)In this section—

assessment means an assessment of superannuation contributions surcharge made by the commissioner of taxation under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth), section 15.

s 29ZI ins 2017 SL No. 104 s 17

30Appeals

(1)A person aggrieved by a decision of the chief executive officer may appeal to the board for reconsideration of the chief executive officer’s decision.

(2)The appeal to the board is by way of rehearing.

Note—

A person may appeal a decision of the board to the Australian Financial Complaints Authority if the decision is one that may be considered by the Authority under the Corporations Act.

s 30 amd o in c pubd gaz 29 June 1991 pp 1133–6; 1997 SL No. 291 s 2 sch; 2002 SL No. 360 s 3 sch

sub 2007 SL No. 139 s 16

amd 2019 SL No. 96 s 6

ch 1 pt 9 hdg ins 2000 SL No. 78 s 3 sch 2

30AMeaning of commencement day

In this part—

commencement day means the day this part commences.

Editor’s note—

The commencement day is 1 May 2000 (see 2000 SL No. 78 s 2(1)).

s 30A ins 2000 SL No. 78 s 3 sch 2

30BMembership categories

The following membership category applies, on the commencement day, to a member who was, immediately before the commencement day—

(a)an accumulation member or preservation member—basic accumulation category;

(b)a defined benefit member—standard defined benefit category;

(c)a State 58 member—State 58 category;

(d)a State 72 member—State 72 category;

(e)a police 68 member—police 68 category;

(f)a police 74 member—police 74 category;

(g)a fire member—fire category.

s 30B ins 2000 SL No. 78 s 3 sch 2

30CContinuation of accounts

(1)This section applies to any of the following accounts that, immediately before the commencement day, was kept for a member—

(a)a voluntary contribution account;

(b)a member’s account under section 77;

(c)a voluntary preservation account.

(2)On the commencement day, the account continues as an accumulation account.

s 30C ins 2000 SL No. 78 s 3 sch 2

30DApplication for payment on compassionate or severe financial hardship ground

(1)This section applies to an application by a member for a payment under section 89D, 89I, 411 or 412, as in force before the commencement.

(2)If, immediately before the commencement, the application had not been decided, it is taken to have been made—

(a)for an application for payment on a compassionate ground—under section 29V; or

(b)for an application for payment on a severe financial hardship ground—under section 29W.

s 30D ins 2000 SL No. 78 s 3 sch 2

sub 2015 SL No. 72 s 4

30EChange in name of scheme

(1)To remove any doubt, it is declared that the amendment of section 2 by the Superannuation (State Public Sector) (Scheme Membership) Amendment of Deed Regulation 2017 has effect only to change the name of the scheme and does not establish a new scheme.

(2)From the commencement, if the context permits, a reference in an instrument to the ‘State Public Sector Superannuation Scheme’ is taken to be a reference to QSuper.

s 30E ins 2017 SL No. 104 s 18

ch 2 hdg ins 1997 SL No. 171 s 3 sch

sub 2000 SL No. 78 s 3 sch 2

ch 2 pt 1 hdg ins 1997 SL No. 171 s 3 sch

31Application

This chapter applies to members in the standard defined benefit category.

s 31 ins 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

32Definitions for ch 2

In this chapter—

1999 cashable amount means—

(a)the amount of a member’s benefit that would have been payable to the member at 30 June 1999 under section 49, 51 or 52(1) if the member, on 30 June 1999, ceased to be an employed member; and

(b)the amount of a member’s benefit that would have been payable to the member at 30 June 1999 under section 52(2) to (7), if an event mentioned in section 52(2)(a) happened on 30 June 1999.

s 32 def 1999 cashable amount ins 1999 SL No. 131 s 3 sch

annual compulsory contribution rate means the compulsory contributions paid in respect of an employed member in a review year divided by the member’s annual review date salary, expressed as a percentage.

s 32 def annual compulsory contribution rate amd 1997 SL No. 42 s 2 sch

reloc 1997 SL No. 171 s 3 sch

annual review date means 1 July in any year.

s 32 def annual review date reloc 1997 SL No. 171 s 3 sch

annual review date salary means the salary as at the annual review date except that where an employed member commences membership other than on an annual review date then the annual review date salary in respect of the period prior to the occurrence of the first annual review date shall be the salary of that member at commencement of membership.

s 32 def annual review date salary amd 1997 SL No. 42 s 2 sch

reloc 1997 SL No. 171 s 3 sch

average rate means the percentage obtained by dividing the sum of the annual compulsory contribution rates by contributory membership.

s 32 def average rate reloc 1997 SL No. 171 s 3 sch

AWOTE means the amount of Average Weekly Ordinary Time Earnings in Australia published by the Australian Bureau of Statistics.

s 32 def AWOTE reloc 1997 SL No. 171 s 3 sch

child ...

s 32 def child amd 1997 SL No. 42 s 2 sch

reloc 1997 SL No. 171 s 3 sch

amd 2006 SL No. 87 s 3 sch

om 2009 SL No. 196 s 6

compulsory contributions means the contributions paid in respect of an employed member pursuant to section 35, other than a part of the contributions that is for tax paid under the Income Tax Rates Act 1986 (Cwlth), section 26(1)(a).

s 32 def compulsory contributions amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

reloc 1997 SL No. 171 s 3 sch

amd 2002 SL No. 360 s 3 sch

contributory membership, subject to section 54, means the total number of years including any part of a year of all periods during which compulsory contributions have been received or under this chapter taken to have been received in respect of an employed member, but excludes any period of membership in respect of which any benefit other than an income protection benefit, has previously been determined under part 4.

s 32 def contributory membership amd o in c pubd gaz 18 May 1991 p 242; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

early retirement means retirement which the employer is lawfully entitled to approve and which in the opinion of the board constitutes genuine retirement, occurring at an age less than 55 years.

s 32 def early retirement reloc 1997 SL No. 171 s 3 sch

final average salary or FAS means the average, having regard to the periods of time for which they were respectively applicable, of the annual review date salaries applicable for the 1 year (or any shorter period where membership is less than 1 year) immediately preceding retirement or the occurrence of any other relevant event.

s 32 def final average salary or FAS amd o in c pubd gaz 18 May 1991 p 242

reloc 1997 SL No. 171 s 3 sch

final salary or FS means the annual review date salary applicable immediately prior to the occurrence of the relevant event unless the event occurs less than 1 year before the member’s 55th birthday in which case the final salary shall be taken to be FAS but limited to the period from the date the member attained age 54 (or later commencement of membership if applicable) to the occurrence of the relevant event.

s 32 def final salary or FS amd o in c pubd gaz 18 May 1991 p 242

reloc 1997 SL No. 171 s 3 sch

income protection benefit means a benefit payable under section 50.

s 32 def income protection benefit ins 2000 SL No. 78 s 3 sch 2

involuntary termination—

(a)for a member who is not a new Legislative Assembly member—means lawful, compulsory retrenchment that in the board’s opinion is genuine, or lawful non-renewal or termination by the employer of a contract of employment, but does not include dismissal for unsatisfactory job performance, misconduct or other improper behaviour; or

(b)for a member who is a new Legislative Assembly member—means the member stops being a member of the Legislative Assembly as the result of either of the following—

(i)the member being defeated at a general election or by-election for the Legislative Assembly;

(ii)if the member is a representative of a recognised political party—the member not standing for re-election as a member of the Legislative Assembly because the political party has not selected the member to stand for re-election.

s 32 def involuntary termination reloc 1997 SL No. 171 s 3 sch

sub 2006 SL No. 87 s 3 sch (retro)

amd 2013 SL No. 12 s 3

membership means membership of the scheme.

s 32 def membership reloc 1997 SL No. 171 s 3 sch

non-preserved amount ...

s 32 def non-preserved amount om 1999 SL No. 131 s 3 sch

pre-existing condition, of a member, means a medical condition the signs or symptoms of which existed before the start of the member’s contributory membership.

s 32 def pre-existing condition ins 2009 SL No. 79 s 17

preservation cashing condition, for a member, means the member—

(a)permanently retiring from the workforce after reaching preservation age; or

(b)dying; or

(c)becoming totally and permanently disabled; or

(d)reaching preservation age if the member has, before reaching preservation age, permanently retired from the workforce for a reason other than becoming totally and permanently disabled; or

(e)having a terminal medical condition.

s 32 def preservation cashing condition ins 1996 SL No. 55 s 2 sch

reloc 1997 SL No. 171 s 3 sch

sub 1999 SL No. 131 s 3 sch

amd 2008 SL No. 292 s 11; 2017 SL No. 104 s 19; 2020 SL No. 63 s 6(3)

preserved amount ...

s 32 def preserved amount amd 1999 SL No. 66 s 3 sch; 1999 SL No. 130 s 3 sch

om 1999 SL No. 131 s 3 sch

prospective membership ...

s 32 def prospective membership sub 1997 SL No. 42 s 2 sch

reloc 1997 SL No. 171 s 3 sch

om 2020 SL No. 63 s 6(1)

review year means the period of 12 months commencing on an annual review date except that where a person is not an employed member for the whole of the 12 months then the review year shall be taken to be that period of a financial year for which the person is an employed member.

s 32 def review year amd 1997 SL No. 42 s 2 sch

reloc 1997 SL No. 171 s 3 sch

salary means—

(a)for a member who is not a new Legislative Assembly member—the remuneration expressed as an annual figure that, in the opinion of the board, is permanent, excluding, unless determined otherwise by the Governor in Council, any sum paid by way of fees or allowances, other than the allowance paid to a member who is a teacher based on the number of pupils attending the school in which the teacher is employed; or

(b)for a member who is a new Legislative Assembly member—the annual salary paid to the member under the Parliament of Queensland Act 2001, section 109.

s 32 def salary reloc 1997 SL No. 171 s 3 sch

amd 2004 SL No. 134 s 2 sch

sub 2006 SL No. 87 s 3 sch (retro)

smoothed earning rate means a rate of interest, decided by the board after receiving appropriate advice, that reasonably reflects the after tax earnings derived from the investment of member contributions to the fund, having regard to—

(a)the cost of administering the fund; and

(b)the charges incurred in the investment of member contributions; and

(c)the allocation to, or deduction from, any reserve held for smoothing returns from the investment of member contributions.

s 32 def smoothed earning rate sub 1994 SL No. 71 s 2 sch

reloc 1997 SL No. 171 s 3 sch

spouse ...

s 32 def spouse reloc 1997 SL No. 171 s 3 sch

sub 2000 SL No. 78 s 3 sch 2

om 2003 SL No. 50 s 3 sch

standard compulsory rate, for an employed member, means—

(a)if a notice under section 14B(1) of the Act states a standard compulsory rate for the member as a condition of membership—the stated rate; or

(b)otherwise—5%.

s 32 def standard compulsory rate sub 1997 SL No. 42 s 2 sch

reloc 1997 SL No. 171 s 3 sch

sub 2000 SL No. 78 s 3 sch 2

amd 2017 SL No. 104 s 3 sch 1

terminal medical condition see the SIS regulation, regulation 6.01A.

s 32 def terminal medical condition ins 2020 SL No. 63 s 6(2)

s 32 ins 1997 SL No. 171 s 3 sch

33Commencement of membership

(1)A person’s membership commences—

(a)in the case of a person whose membership is declared by notice under section 13(1) of the Act to be compulsory—

(i)on the day the person became required to contribute as an employed member; or

(ii)on the day on which the person became a person mentioned in the notice;

      whichever is the earlier; and

(b)in the case of a person whose membership is declared by notice under section 13(1) of the Act to be discretionary, on such day as in the circumstances of the case the board determines to be fair and equitable.

(2)In this section—

notice under section 13(1) of the Act means a notice under repealed section 13(1) of the Act as in force before the repeal of the section.

s 33 (prev s 4.1) sub o in c pubd gaz 29 June 1991 pp 1133–6

amd 1996 SL No. 55 s 2 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2017 SL No. 104 s 3 sch 1

34Continuity of membership when changing employers

The membership of a member in the standard defined benefit category continues under section 32P of the Act only if the member has not made a withdrawal from the member’s accumulation account in relation to a benefit credited to the account under part 4.

s 34 (prev s 4.3(2)) amd 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2003 SL No. 291 s 2

sub 2009 SL No. 79 s 18

ch 2 pt 2 hdg (prev ch 1 pt 5 hdg) renum and reloc 1997 SL No. 171 s 3 sch

35Member compulsory contributions

(1)Contributions must be made for each employed member of an amount that is a percentage of the member’s annual review date salary as follows—

(a)for a member for whom a percentage applies under a condition of membership stated in a notice under section 14B(1) of the Act—that percentage;

(b)for a member who is a member of the Queensland Police Service—a percentage within the range of 3% to 9% as nominated by the member under subsection (4);

(c)for any other member—a percentage within the range of 2% to 8% as nominated by the member under subsection (4).

(2)Subsection (1) does not apply to an employed member who has, in relation to the member’s current employment, transferred to an accumulation category under chapter 1, part 4A, and made an election under section 23C(3)(b).

(3)In the absence of special arrangements negotiated between the board and the particular member, where an employed member is absent from the service of the employer without pay, contributions to the scheme shall be suspended until the member’s pay recommences.

(4)An employed member, other than a member mentioned in subsection (1)(a), may nominate the rate of contribution to be made provided that any nomination is to be made by notice in writing to the employer upon such conditions as the board may instruct from time to time having regard to the proper administration of the scheme.

(5)Where an employed member, other than a member mentioned in subsection (1)(a), fails to make a nomination the rate of contribution shall be the standard compulsory rate.

(6)The employer shall adjust the contributions to be paid to the board in respect of an employed member in accordance with changes in the annual review date salary of the member and the contribution rate nominated under subsection (4).

(7)Notwithstanding subsections (1) to (6), benefits payable under this deed shall be calculated on the average rate of contributions paid in respect of an employed member and the board is not required to pursue any member or employer in respect of any shortfall in contributions paid to the board.

s 35 (prev s 5.1) amd 1992 SL No. 397 s 3 sch; 1996 SL No. 55 s 2 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2006 SL No. 87 s 3 sch; 2017 SL No. 104 s 3 sch 1; 2019 SL No. 96 s 7

36Average rate in excess of the standard compulsory rate

Where the average rate of contributions in respect of an employed member at an annual review date is in excess of the standard compulsory rate, any excess shall be credited towards the member’s accumulation account.

s 36 (prev s 5.2) amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

37Contributions in excess of the maximum rate

(1)Where the average rate of contributions for an employed member is less than the standard compulsory rate, the board shall not allow compulsory contributions in excess of—

(a)in the case of a member who is a member of the Queensland Police Service—9% of the member’s salary; or

(b)in the case of any other member—8% of the member’s salary;

to be made in respect of the member to make up part or all of the shortfall other than for the purpose of correcting what are, in the opinion of the board, minor discrepancies.

(2)The board may allow the additional contributions to be deducted from the member’s accumulation account.

(3)This section does not apply to a member if the rate of contributions for the member is a rate that applies under a condition of membership stated in a notice under section 14B(1) of the Act.

s 37 (prev s 5.3) amd 1992 SL No. 397 s 3 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2006 SL No. 87 s 3 sch; 2017 SL No. 104 s 3 sch 1

39Compulsory contributions after benefit determined

Where a total and permanent disablement benefit or a terminal medical condition benefit has been credited to an employed member’s accumulation account but the member has not ceased employment with the employer, any further compulsory contributions paid by the member must be credited towards the member’s accumulation account.

s 39 (prev s 5.5) amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2019 SL No. 96 s 9; 2020 SL No. 63 s 7

40Authority to deduct contributions

(1)Subject to subsection (2), the employer is authorised to deduct such contributions as are required by section 35 from the employed member’s salary and shall forward to the board the contributions paid by each member in such manner and at such times as the board shall instruct.

(2)Subsection (1) does not apply to contributions constituting amounts that are required to be paid to the Treasurer under section 28(1) of the Act.

(3)If any contribution is not in the hands of the board within the time specified the board may determine that interest shall accrue on that contribution at a rate determined by the board while the contribution remains outstanding, and, if the board does so determine, interest shall so accrue and become payable by the relevant employer to the board and upon payment shall become part of the fund.

s 40 (prev s 5.6) amd 1991 SL No. 160 s 5; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

ch 2 pt 4 hdg (prev ch 1 pt 7 hdg) renum and reloc 1997 SL No. 171 s 3 sch

sub 2020 SL No. 63 s 8

ch 2 pt 4 note ins 2017 SL No. 104 s 20

om 2020 SL No. 63 s 8

ch 2 pt 4 div 1 hdg ins 2020 SL No. 63 s 8

44Member’s compulsory contribution benefit

(1)The employed member’s compulsory contribution benefit shall be the sum of that member’s annual compulsory contribution accruals.

(2)An annual compulsory contribution accrual shall be a percentage determined in accordance with the following formula—

s 44 (prev s 7.2) amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

45Member’s basic benefit

(1)The employed member’s basic benefit shall be the sum of that member’s annual basic benefit accruals.

(2)The annual basic benefit accrual shall be a percentage determined in accordance with the following formula—

A x B

where—

A is that part of the annual review year during which compulsory contributions have been received, or under this deed taken to have been received, in respect of a member.

B is the basic benefit % in schedule 1 applicable to that member.

s 45 (prev s 7.3) amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2002 SL No. 360 s 3 sch

45AMember’s prospective membership benefit

(1)An employed member’s prospective membership benefit is the amount calculated using the following formula—

where—

AP means the applicable percentage stated in schedule 1 for the benefit.

PM means the member’s prospective membership.

(2)If compulsory contributions have not been received for an employed member for 2 years, or a longer period of not more than 3 years the board considers to be just and equitable in the circumstances, the member is not entitled to a prospective membership benefit until compulsory contributions are again received.

(3)In this section—

prospective membership, for an employed member, means the period expressed in years and any part of a year from the relevant day to the member’s 55th birthday.

relevant day means—

(a)for an employed member who has died—the day the member died; or

(b)for an employed member who has a total and permanent disablement—the day the member became totally and permanently disabled; or

(c)for an employed member who has a terminal medical condition—the day the terminal medical condition started to exist in relation to the member.

s 45A (orig s 7.5) amd 1994 SL No. 71 s 2 sch; 1995 SL No. 59 s 2 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

(prev s 7.11) amd o in c pubd gaz 18 May 1991 p 242; 1997 SL No. 42 s 2 sch

(s 7.11 renum and reloc as s 7.5(2)) 1997 SL No. 171 s 3 sch

(prev s 47) amd 2000 SL No. 78 s 3 sch 2; 2004 SL No. 134 s 2 sch

sub 2009 SL No. 79 s 20

amd 2013 SL No. 226 s 10; 2020 SL No. 63 s 11(1)

reloc and renum 2020 SL No. 63 s 11(2)

Note—

See also section 28A of the Act in relation to adjustments of particular multiples in particular circumstances.

ch 2 pt 4 div 2 hdg ins 2020 SL No. 63 s 10

ch 2 pt 4 div 2 note ins 2020 SL No. 63 s 10

45BBenefit on age retirement

Where an employed member retires or otherwise leaves the service of the employer on or after the member’s 55th birthday the board shall credit to the member’s accumulation account a percentage of final average salary comprised of—

(a)the member’s compulsory contribution benefit; and

(b)the member’s basic benefit.

s 45B (orig s 7.1) amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

(prev s 43) amd 2000 SL No. 78 s 3 sch 2

reloc and renum 2020 SL No. 63 s 9

46Benefit on total and permanent disablement

(1)Where an employed member becomes totally and permanently disabled before attaining the age of 55 years the board shall credit to the member’s accumulation account a percentage of final salary comprised of—

(a)the member’s compulsory contribution benefit; and

(b)the member’s prospective membership benefit; and

(c)the member’s basic benefit.

(2)An employed member who is eligible to receive a prospective membership benefit may elect but not later than 3 months after the board has made its determination under subsection (1), to convert the entitlement credited to the member’s accumulation account in respect of the amounts referred to in subsection (1)(a) to (c) (including any interest accrued thereon) to an annual pension.

(3)The annual pension shall be payable from the date of the board’s determination and shall be the product of—

(a)FS; and

(b)75%; and

(c)the ratio of the percentage determined in subsection (1) and—

(i)in the case of an employed member who is a member of the Queensland Police Service—857.5%; or

(ii)in the case of any other employed member—735%.

(4)However, the maximum annual pension payable is 75% of FS.

(5)The annual pension is to be indexed under section 53.

(6)The board may reduce or suspend the pension provided for in subsection (2) where the recipient—

(a)engages in any business or occupation on the recipient’s own account; or

(b)is employed.

(7)Upon the death of a former employed member who had been receiving a pension under subsection (2) above within a period of less than 5 years since the pension commenced to be paid, there shall be credited to the accumulation account of that former employed member an amount determined in accordance with the following formula—

(5—period in years and any part of a year pension has been paid for)

x

current annual rate of pension

s 46 (prev s 7.4) amd 1992 SL No. 397 s 3 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2013 SL No. 226 s 9

47Benefit on terminal medical condition

(1)Subsection (2) applies if—

(a)a terminal medical condition starts to exist in relation to an employed member before the member reaches the age of 55 years; and

(b)the member claims the terminal medical condition benefit while the terminal medical condition exists in relation to the member.

(2)The board must credit to the member’s accumulation account the amount determined as for total and permanent disablement as provided for in section 46(1).

s 47 ins 2020 SL No. 63 s 12

48Benefit on death

(1)If an employed member dies before reaching the age of 55 years, the board must credit to that member’s accumulation account the amount determined as for total and permanent disablement as provided for in section 46(1).

(2)If an employed member dies, the board must pay for each child of the member a pension of $137.41 a fortnight indexed under section 53.

(3)Subsection (2) applies regardless of the member’s age at the time of death.

(4)Subsection (5) applies if—

(a)a person has been paid a benefit under section 46(1) for a total and permanent disablement; and

(b)the disablement was caused by a medical condition (the primary medical condition); and

(c)the person dies within 1 year after the day of payment of the benefit; and

(d)in the opinion of the board, the death was caused by—

(i)the primary medical condition; or

(ii)a medical condition related to the primary medical condition.

(5)The board must pay for each child of the person a pension of $137.41 a fortnight, indexed under section 53.

(6)Subsection (7) applies if—

(a)a terminal medical condition existed in relation to a person who was an employed member; and

(b)either—

(i)the person has been paid a benefit under section 47(2) for the terminal medical condition; or

(ii)the person was ineligible to be paid a benefit under section 47(2) because of the person’s age when the terminal medical condition started to exist; and

(c)the person dies; and

(d)in the opinion of the board, the death was caused by—

(i)the terminal medical condition; or

(ii)a medical condition related to the terminal medical condition.

(7)The board must pay for each child of the person a pension of $137.41 a fortnight indexed under section 53.

(8)Subsection (7) applies regardless of the person’s age at the time of death.

(9)Whilst a child is under 18 years of age the pension shall be paid to the person who in the opinion of the board has for the time being the care and control of the child.

s 48 (prev s 7.6) amd o in c pubd gaz 29 June 1991 pp 1133–6; 1996 SL No. 55 s 2 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2004 SL No. 134 s 2 sch; 2006 SL No. 87 s 3 sch (retro); 2006 SL No. 87 s 3 sch; 2013 SL No. 226 s 11; 2020 SL No. 63 s 13

48AHigher benefit under ss 46–48 for certain members

Despite sections 46, 47 and 48, the board may provide a member with a benefit in the case of total and permanent disablement, a terminal medical condition or death that is higher than the benefit under section 46, 47 or 48 if—

(a)the member transferred to the scheme from another superannuation or pension scheme or fund or a similar scheme or fund (the previous scheme or fund) under an arrangement between the board and the member’s employer; and

(b)under the previous scheme or fund, the benefit payable to the member in the case of death or total and permanent disability was higher than the benefit under section 46, 47 or 48; and

(c)under the arrangement, the board agreed to provide the member with a benefit at least equal to the benefit under the previous scheme or fund.

s 48A ins 2006 SL No. 87 s 3 sch

amd 2020 SL No. 63 s 14

48BOnly 1 benefit payable under ss 46–48

(1)If a member is eligible to claim a benefit under sections 46 and 47, the member may only claim a benefit under 1 of those sections.

(2)To remove any doubt, it is declared that section 48(1) and (2) does not apply if a member claims a benefit under section 46 or 47.

s 48B ins 2020 SL No. 63 s 15

49Benefit on permanent and partial disablement

Where an employed member becomes permanently and partially disabled before attaining the age of 55 years the board shall credit to the member’s accumulation account a percentage of final salary comprised of—

(a)the member’s compulsory contribution benefit; and

(b)the member’s basic benefit.

s 49 (prev s 7.7) amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

50Income protection benefit

(1)The board must pay an employed member a pension equal to 75% of final salary if—

(a)the member becomes temporarily disabled; and

(b)the member has been absent from duty on sick leave without salary for—

(i)a continuous period of 14 days, whether or not working days; or

(ii)a lesser period the board considers to be just and equitable in the circumstances; and

(c)either—

(i)the member has contributory membership of 5 years or more; or

(ii)the member has contributory membership of less than 5 years and in the board’s opinion the temporary disablement was not related to a pre-existing condition.

(1A)However, subsection (1) does not apply if the member is entitled to be absent from duty on sick leave with salary.

(1B)Also, if the member was in part-time employment at the start of the sick leave, the pension to which the member is entitled under subsection (1) must be multiplied by the membership ratio calculated for the member under section 66(2).

(1C)If compulsory contributions have not been received for an employed member for 2 years, or a longer period of not more than 3 years the board considers to be just and equitable in the circumstances, the member is not entitled to a pension under this section until compulsory contributions are again received.

(2)The pension shall be indexed in accordance with section 53.

(3)The board may reduce or suspend the pension provided for in subsection (1) where the recipient—

(a)engages in any business or occupation on the recipient’s own account; or

(b)is employed; or

(c)is in receipt of workers’ compensation.

(4)For the purpose of calculating an annual compulsory contribution accrual in respect of any year in which the employed member was in receipt of an income protection benefit, the employed member shall be taken to have contributed at the standard compulsory rate in respect of the period for which the income protection benefit was paid, together with the period of 14 days without salary (or such lesser period as the board may have determined in that regard) prior to the payment of that benefit.

(5)Subsection (6) applies if—

(a)an employed member has, for a total of 2 years, received an income protection benefit for a temporary disablement; and

(b)the disablement was caused by a medical condition (the primary medical condition).

(6)The member is not entitled to receive any further income protection benefit for the disablement if, in the opinion of the board, the disablement—

(a)continues to be, or is again, caused by the primary medical condition; or

(b)is caused by a medical condition related to the primary medical condition.

(6A)If the board credits an amount to an employed member’s accumulation account under section 46(1) or 47(2), the member is not entitled to receive any further income protection benefit.

(7)This section applies to an employed member regardless of the member’s age.

(8)This section does not apply to an employed member who is—

(a)a member of the Queensland Police Service; or

(b)a new Legislative Assembly member; or

(c)a magistrate.

(9)In this section—

magistrate includes an acting magistrate within the meaning of the Magistrates Act 1991.

s 50 (prev s 7.8) amd o in c pubd gaz 18 May 1991 p 242; 1991 SL No. 160 s 7; 1992 SL No. 397 s 3 sch; 1996 SL No. 55 s 2 sch; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2006 SL No. 87 s 3 sch (retro); 2006 SL No. 87 s 3 sch; 2008 SL No. 292 s 12; 2009 SL No. 79 s 21; 2013 SL No. 226 s 12; 2019 SL No. 95 s 12; 2020 SL No. 63 s 16

51Benefit on involuntary termination or early retirement

In the case of involuntary termination or early retirement of an employed member there shall be credited to that member’s accumulation account a percentage of final salary comprised of—

(a)the member’s compulsory contribution benefit; and

(b)the member’s basic benefit.

s 51 (prev s 7.9) amd 1992 SL No. 173 s 4; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

52Benefits on withdrawal

(1)Where a member ceases to be an employed member (the withdrawal event), or continues to be an employed member but transfers to an accumulation category under chapter 1, part 4A, and makes an election under section 23C(3)(b) (also the withdrawal event), and is not entitled to any other benefit under this deed arising from the member’s most recent period as an employed member, there shall be credited to that member’s accumulation account a benefit equal to the amount of the member’s compulsory contributions, accumulated with interest at the applicable smoothed earning rates, compounded annually.

(2)The board shall credit to the accumulation account of a member, being a member whose accumulation account has been credited with a benefit under subsection (1), an amount determined in accordance with subsection (3) on the occurrence of the earliest of—

(a)the 55th birthday of that member; or

(b)the death of that member; or

(c)the total and permanent disablement of that member; or

(d)the day a terminal medical condition started to exist in relation to that member.

(2A)Subsection (2) applies subject to subsection (9).

(3)The amount referred to in subsection (2) shall consist of the sum of 2 components which shall be calculated in accordance with subsections (4) to (6).

(4)For the purposes of subsection (3)—

(a)final salary shall be determined on the basis that the relevant event is the withdrawal event; and

(b)indexed final salary means the final salary, indexed from the date the withdrawal event occurred in accordance with subsection (7).

(5)The first component of the amount shall be the member’s basic benefit of indexed final salary.

(6)The second component is the percentage of indexed final salary obtained by subtracting from the members’ compulsory contribution benefit the amount (converted into a percentage of final salary) paid to the member’s accumulation account under subsection (1).

(7)For the purposes of this section, indexed final salary is the greater of the following amounts—

(a)the final salary multiplied by the relevant amount for the quarter occurring 2 quarters before that in which the applicable event in subsection (2) occurred, divided by the relevant amount for the quarter occurring 2 quarters before the quarter in which the withdrawal event occurred;

(b)the final salary.

(8)Before any of the events mentioned in subsection (2) happens, a member who has had a benefit credited under subsection (1) may ask the board, in writing, to credit the member’s entitlement under this chapter to the member’s accumulation account.

(9)If a member makes a request under subsection (8)—

(a)the board must—

(i)calculate the member’s entitlement on the advice of the actuary; and

(ii)credit the member’s entitlement under the request; and

(b)subsection (2) does not apply.

(10)In this section—

relevant amount, for a quarter, means—

(a)if an AWOTE is published for the quarter—the AWOTE; or

(b)otherwise—the amount decided by the board, on the advice of the actuary, as being equivalent to the amount the AWOTE would have been, if an AWOTE were published for the quarter.

s 52 (prev s 7.10) amd 1991 SL No. 160 s 8; 1992 SL No. 173 s 5; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 1999 SL No. 66 s 3 sch; 2000 SL No. 78 s 3 sch 2; 2003 SL No. 291 s 3 sch 2; 2013 SL No. 12 s 4; 2020 SL No. 217 s 8

53Indexation of pensions

(1)This section applies to a pension payable to a person under section 46, 48 or 50 during a financial year if the pension was payable to the person immediately before the start of the financial year.

(2)As soon as practicable after the start of the financial year, the board must reassess the amount of the pension and either increase it or maintain it at the same level as in the previous financial year, as follows—

(a)if the June index for the previous financial year is higher than the last adjustment index for the pension, the pension must be increased by the percentage increase between the 2 indexes;

(b)otherwise, the pension remains the same.

(3)If the pension is increased under the reassessment, the pension is payable to the person at the increased level from the first pay period that falls entirely in the month of August in the financial year.

(4)A percentage increase between 2 indexes under subsection (2)(a) must be calculated to 1 decimal place.

(5)In this section—

last adjustment index, for a pension, means—

(a)if the pension has ever been increased under this section—the June index for the financial year immediately before the financial year in which the pension was last increased under this section; or

(b)otherwise—the June index for the financial year immediately before the financial year in which the pension started being payable.

pay period, for a pension, means the fortnightly period in relation to which each pension payment is payable under this part.

s 53 (prev s 7.12) amd 1991 SL No. 160 s 9; 1996 SL No. 55 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

sub 2000 SL No. 78 s 3 sch 1

54Contributory membership of persons who again become employed members

(1)Where a member who has had a benefit determined under this part credited to the member’s accumulation account again becomes an employed member then contributory membership includes membership relevant to the benefit only if the member—

(a)has not made a withdrawal from the account in relation to the benefit; and

(b)within 3 months after again becoming an employed member, asks the board in writing to include membership relevant to the benefit as a part of the member’s contributory membership.

Note—

See also section 66B (Transitional—contributory membership of persons who again become employed members).

(2)The amount credited to the member’s accumulation account under subsection (1) (including any accrued interest) is to be deducted from the account.

(3)However, for a member who again becomes an employed member, contributory membership does not include membership relevant to a benefit for a period for which the member has had an entitlement credited under section 52(9).

s 54 (prev s 7.13) ins o in c pubd gaz 18 May 1991 p 242

amd o in c pubd gaz 29 June 1991 pp 1133–6; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 1999 SL No. 66 s 3 sch; 2000 SL No. 78 s 3 sch 2; 2003 SL No. 291 s 3

55AABenefit on employed member aged at least 65

The board must pay to a member’s accumulation account the amount of the benefit to which the member is entitled under this chapter if—

(a)the member is at least 65 years and asks the board in writing to make the payment; or

(b)the member—

(i)was, on 1 July 2004, at least 75 years; and

(ii)is not employed for at least 30 hours per week; or

(c)the member turns 75 after 1 July 2004.

s 55AA ins 2000 SL No. 78 s 3 sch 2

sub 2005 SL No. 45 s 2 sch 1

amd 2007 SL No. 225 s 3

55APreserved amount

(1)If a preservation cashing condition for a member has happened, none of a benefit payable to the member is a preserved amount for the scheme.

(2)Subject to subsection (1), the amount in a member’s benefit that is a preserved amount for the scheme is as follows—

(a)for a member’s benefit under section 49, 51 or 52(1)—the amount of the benefit that is in excess of the total of—

(i)the member’s non-preserved transfer amount received by the board after 30 June 1999; and

(ii)the member’s 1999 cashable amount;

(b)for a member’s benefit under section 52(2) to (7)—

(i)if the member has not reached 55 years—the whole amount of the benefit; or

(ii)otherwise—the amount of the benefit that is in excess of the member’s 1999 cashable amount;

(c)for a member’s benefit under section 52(9)(a)—the whole amount of the benefit.

Note—

For the preserved amount for a member who transfers from the standard defined benefit category to an accumulation category, and makes an election under section 23C(3)(a), see section 82A.

s 55A ins 1999 SL No. 131 s 3 sch

amd 2013 SL No. 12 s 5

55BMinimum benefit payable

(1)This section applies despite any other provision of this deed.

(2)A member is entitled to the member’s minimum benefit as worked out under the SIS regulation, division 5.2, if the member—

(a)stops being an employed member, or a contributor; or

(b)transfers to an accumulation category under section 23F.

s 55B (prev s 66C) ins 2007 SL No. 139 s 18

renum and reloc 2013 SL No. 226 s 16

ch 2 pt 5 hdg (prev ch 1 pt 8 hdg) renum and reloc 1997 SL No. 171 s 3 sch

58Crown contributions for temporary disablement

In accordance with section 29 of the Act, the Treasurer shall pay to the fund for payment out of the fund each income protection benefit under this chapter.

s 58 (prev s 8.3) amd 1997 SL No. 42 s 2 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

ch 2 pt 6 hdg prev pt 6 hdg ins 1997 SL No. 171 s 3 sch

om 2000 SL No. 78 s 3 sch 2

pres pt 6 hdg (prev pt 7 hdg) ins 1997 SL No. 171 s 3 sch

renum 2013 SL No. 226 s 13

64Salary reduction

(1)This section applies if—

(a)an employed member’s annual review date salary for a year of membership of the scheme is less than for a previous year or years of membership; and

(b)the board, after consulting the actuary and having regard to the reduction in salary and benefits that occurred and to the length of time the member received the higher salary, decides in its discretion that an additional amount to compensate wholly or partly for the reduction in salary should be paid to the member’s accumulation account.

(2)The board must pay the additional amount to the member’s accumulation account.

s 64 (prev s 11.1) sub 1991 SL No. 160 s 10

amd 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2

sub 2015 SL No. 72 s 5

66Members in part-time employment

(1)An employed member who has been in the part-time employment of an employer during a period of membership shall, for the purposes of this deed, be taken to always be part-time for that period of membership.

(2)For the purposes of this section, a membership ratio means the proportion, expressed as a percentage, that the fixed ordinary time hours of work required by the terms and conditions of employment of an employed member employed part-time bears to the ordinary time hours of work that would have been so required of the member had the member been employed at all times in that position on a full-time basis.

(3)The hours worked by the employed member working on a part-time basis shall exclude any hours that the member is occasionally or recurrently required to work, or is bound by the terms and conditions of the member’s employment to work at particular times, in addition to the number of ordinary time hours required of the member normally.

(4)Except where an employed member is in receipt of a benefit under section 50, the salary of an employed member employed on a part-time basis shall be taken to be the salary that would be payable had that member been employed on a full-time basis in that position.

(5)The compulsory contributions to be paid in respect of an employed member pursuant to part 2 shall be calculated as a product of the member’s salary, the contribution rate applicable under that part and the membership ratio of the member.

(6)When the annual basic benefit accrual is calculated according to section 45(2), it is additionally to be multiplied by the aggregate of the membership ratios for that review year having regard to the periods of time for which they were respectively applicable.

(7)Subject to subsection (8), any prospective membership benefit shall be calculated according to section 45A, and shall additionally be multiplied by the aggregate of the membership ratios of the employed member, having regard to the periods of time for which they were respectively applicable, for the whole of that member’s period of contributory membership.

(8)Where a person who was an employed member employed on a part-time basis for any period became, and continued to the time that person ceased to be an employed member as, an employed member employed on a full-time basis, the amount credited in respect of that member under section 46(1) shall not be less than it would have been had that person first become an employed member at the time that person became an employed member employed on a full-time basis.

s 66 (prev s 11.7) amd o in c pubd gaz 29 June 1991 pp 1133–6; 1991 SL No. 160 s 11; 1997 SL No. 42 s 2 sch; 1997 SL No. 171 s 3 sch

renum and reloc 1997 SL No. 171 s 3 sch

amd 2020 SL No. 63 s 17

ch 2 pt 7 hdg ins 2013 SL No. 226 s 15

66ATransitional—reassessment of pensions for financial year starting 1 July 1999

(1)This section applies to the reassessment of a pension under section 53 at the start of the financial year starting 1 July 1999.

(2)The last adjustment index for the pension is the June index for the financial year ending 30 June 1998.

s 66A ins 2000 SL No. 78 s 3 sch 1

66BTransitional—contributory membership of persons who again become employed members

(1)This section applies to a member, if—

(a)before the commencement of this section, the member—

(i)had a benefit determined under part 4 credited to the member’s accumulation account; and

(ii)again became an employed member; and

(b)the member has not made a withdrawal from the account in relation to the benefit; and

(c)membership relevant to the benefit has not been included as a part of the member’s contributory membership.

(2)Despite section 54(1)(b), and subject to section 54(3), the member’s contributory membership includes membership relevant to the benefit, if the member, within 3 months after the commencement of this section, asks the board in writing to include membership relevant to the benefit as a part of the member’s contributory membership.

s 66B ins 2003 SL No. 291 s 4

66BATransitional—application of s 52 from 1 January 2013

(1)This section applies for working out a member’s benefit under section 52 if a relevant quarter for working out the member’s benefit is the quarter starting on 1 July 2012.

(2)Section 52, as amended by the Superannuation (State Public Sector) Deed 1990 applies for working out the member’s benefit.

(3)In this section—

relevant quarter, for working out a member’s benefit, means a quarter occurring 2 quarters before either of the following events for the member—

(a)a withdrawal event;

(b)an event mentioned in section 52(2).

s 66BA ins 2013 SL No. 12 s 7

66CTransitional—prospective membership benefit for death or total and permanent disablement before 16 December 2013

(1)This section applies if—

(a)before the commencement, an employed member died or became totally and permanently disabled before turning 55; and

(b)benefits payable to the member under previous sections 46 to 48 have not been fully paid out at the commencement.

(2)Previous sections 46 to 48 continue to apply in relation to the member as if the amendment regulation had not been made.

(3)In this section—

amendment regulation means the Superannuation (State Public Sector) Amendment of Deed Regulation (No. 4) 2013.

commencement means the commencement of this section.

previous sections 46 to 48 mean sections 46, 47 and 48 as in force before the commencement.

s 66C ins 2013 SL No. 226 s 17

66DTransitional—income protection benefit for temporary disablement before 16 December 2013

(1)Subsection (2) applies to an employed member who—

(a)became temporarily disabled before the commencement; and

(b)at the commencement, has been absent from duty on sick leave without salary for a continuous period of 14 days, whether or not working days.

(2)Section 50 applies in relation to the member’s disablement and absence as if the reference in section 50(1)(c) to 5 years were a reference to 7 years.

(3)Subsection (4) applies to an employed member who—

(a)became temporarily disabled before the commencement; and

(b)has not, at the commencement, been absent from duty on sick leave without salary for a continuous period of 14 days, whether or not working days.

(4)Section 50 as in force after the commencement applies in relation to the member’s disablement and absence.

(5)In this section—

commencement means the commencement of this section.

s 66D ins 2013 SL No. 226 s 17

66ETransitional—benefit for terminal medical condition existing before 1 July 2020

(1)This section applies to an employed member if—

(a)a terminal medical condition started to exist in relation to the member before the commencement; and

(b)on the commencement—

(i)the terminal medical condition still exists in relation to the member; and

(ii)the member has not reached the age of 55 years.

(2)Section 47 applies to the member in relation to the terminal medical condition.

s 66E ins 2020 SL No. 63 s 18

66FTransitional—application of s 52 from 1 July 2020

Section 52 as in force on the commencement applies in relation to a member in relation to whom a terminal medical condition started to exist on or after 1 July 2020.

s 66F ins 2020 SL No. 217 s 9

Note—These provisions as originally inserted by 1997 SL No. 171 correspond, with changes stated in that instrument, to provisions of the repealed Articles of the Government Officers’ Superannuation Scheme.

To the extent the corresponding provisions were contained in reprint 2 of the repealed articles the final form of the annotations to those provisions can be found in the reprint. Note however that after reprint 2 was issued and before the articles were repealed the articles were amended by 1996 SL No. 117, 1996 SL No. 305, 1997 SL No. 17 and 1997 SL No. 144.

ch 3 hdg ins 1997 SL No. 171 s 3 sch

sub 2000 SL No. 78 s 3 sch 2

ch 3 pt 1 hdg ins 1997 SL No. 171 s 3 sch

67Application

This chapter applies to members in the comprehensive accumulation category, basic accumulation category or general accumulation category.

s 67 ins 1997 SL No. 171 s 3 sch

amd 2000 SL No. 78 s 3 sch 2; 2001 SL No. 255 s 3 sch; 2017 SL No. 104 s 3 sch 1

68Definitions for ch 3

In this chapter—

1999 cashable amount means—

(a)for a member who was an employed member at 30 June 1999—the amount in the member’s accumulation account that would have been payable to the member at 30 June 1999 if the member had ceased to be an employed member on 30 June 1999 for a reason other than—

(i)the member’s death; or

(ii)the member’s retirement, before reaching preservation age, because of total and permanent disablement; or

(b)for a member who ceased to be an employed member before 30 June 1999—the amount in the member’s accumulation account that would have been payable to the member, or that the member could have withdrawn, at 30 June 1999 at the member’s request.

s 68 def 1999 cashable amount ins 1999 SL No. 131 s 3 sch

sub 2000 SL No. 78 s 3 sch 2

eligible temporary resident visa ...

s 68 def eligible temporary resident visa ins 2002 SL No. 178 s 2 sch

om 2009 SL No. 79 s 23

employer contributions means contributions made to the fund under part 2, division 3.

s 68 def employer contributions amd 2017 SL No. 104 s 3 sch 1

income protection insurance ...

s 68 def income protection insurance ins 2000 SL No. 78 s 3 sch 2

om 2013 SL No. 226 s 18

member’s accumulated employer contributions means an amount equal to the employer contributions paid for the member, plus any earnings credited on that amount to the member’s accumulation account under section 78, less any fees, charges and insurance premiums paid from the contributions.

s 68 def member’s accumulated employer contributions sub 2000 SL No. 78 s 3 sch 2

member’s accumulated personal contributions means an amount equal to the member’s personal contributions paid into the member’s accumulation account, plus any earnings credited on that amount to the account under section 78, less any fees, charges and insurance premiums paid for the member from the contributions.

s 68 def member’s accumulated personal contributions sub 2000 SL No. 78 s 3 sch 2

preservation cashing condition—

(a)for a member who has never been employed for at least 10 hours per week, means the member—

(i)attaining the age of 65 years; or

(ii)dying; or

(iii)becoming totally and permanently disabled; or

(iv)having been the holder of an eligible temporary resident visa that has expired or been cancelled and having permanently departed from Australia; or

(v)has a terminal medical condition within the meaning of the SIS regulation, section 6.01A; or

(b)for another member, means the member—

(i)permanently retiring from the workforce after reaching preservation age; or

(ii)ceasing an arrangement under which the member was gainfully employed on or after reaching 60 years; or

(iii)turns 65 years; or

(iv)dying; or

(v)becoming totally and permanently disabled; or

(vi)reaching preservation age after the member has permanently retired from the workforce for a reason other than becoming totally and permanently disabled; or

(vii)having been the holder of an eligible temporary resident visa that has expired or been cancelled and having permanently departed from Australia; or

(viii)ceasing to be an employed member at a time when the member’s preserved benefits in the fund are less than $200; or

(ix)is a lost member under the Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cwlth), section 22 and the member’s benefit is less than $200; or

(x)has a terminal medical condition within the meaning of the SIS regulation, section 6.01A.

s 68 def preservation cashing condition amd 1999 SL No. 131 s 3 sch; 2002 SL No. 178 s 1 sch

sub 2000 SL No. 78 s 3 sch 2

amd 2007 SL No. 139 s 19; 2007 SL No. 225 s 4; 2008 SL No. 292 s 13 (2)–(3) (retro); 2008 SL No. 292 s 13 (1); 2012 SL No. 3 s 3 sch; 2013 SL No. 12 s 8; 2017 SL No. 104 s 21

preserved amount ...

s 68 def preserved amount amd 1999 SL No. 130 s 3 sch

om 1999 SL No. 131 s 3 sch

salary—

(a)for a member who is also a police 74 member—means the rate of payment made by way of fixed remuneration to the member and does not include an amount paid by way of fee or allowance; or

(b)for a member who is a new Legislative Assembly member and has not transferred from the comprehensive accumulation category to the standard defined benefit category under section 23B, means the total of the following—

(i)the salary paid to the member under the Parliament of Queensland Act 2001, section 109;

(ii)any additional salary paid to the member under the Parliament of Queensland Act 2001, section 112; or

(c)for a member who is a new Legislative Assembly member and has transferred from the comprehensive accumulation category to the standard defined benefit category under section 23B—means any additional salary paid to the member under the Parliament of Queensland Act 2001, section 112; or

(d)otherwise—

(i)has the meaning given by chapter 5, section 165; but

(ii)includes an amount paid by way of fee or allowance that the Governor in Council has decided is to be included in the member’s salary.

Note—

See, however, section 74(2) for the purposes of salary in section 73.

s 68 def salary amd 2006 SL No. 87 s 3 sch (retro); 2011 SL No. 92 s 4; 2017 SL No. 104 s 3 sch 1

spouse ...

s 68 def spouse ins 2000 SL No. 78 s 3 sch 2

om 2003 SL No. 50 s 3 sch

standard compulsory rate, for an employed member, means—

(a)if a membership notice states a standard compulsory rate for the member as a condition of membership—the stated rate; or

(b)otherwise—5%.

s 68 def standard compulsory rate ins 2000 SL No. 78 s 3 sch 2

amd 2017 SL No. 104 s 3 sch 1

s 68 prev s 68 ins 1997 SL No. 171 s 3 sch

om 1997 SL No. 332 s 2 sch 2

pres s 68 ins 1997 SL No. 171 s 3 sch

amd 1999 SL No. 130 s 3 sch

69When a person becomes a member in an accumulation category

(1)A person becomes a member in an accumulation category when an amount is paid to the person’s accumulation account for the membership in the category.

(2)However, if a person who is not a member under subsection (1) becomes a relevant employee and, at that time, the person’s employer must pay the contributions payable for the employee into the scheme, the person becomes a member in an accumulation category when the person becomes a relevant employee.

(3)In this section—

relevant employee means a person—

(a)whose membership of the scheme is the subject of a membership notice; or

(b)whose employer is a standard employer-sponsor of the scheme.

s 69 prev s 69 ins 1997 SL No. 171 s 3 sch

amd 1999 SL No. 7 s 2 sch; 1999 SL No. 130 s 3 sch

om 2005 SL No. 45 s 2 sch 1

pres s 69 ins 2017 SL No. 104 s 22

ch 3 pt 2 hdg ins 1997 SL No. 171 s 3 sch

sub 2017 SL No. 104 s 23

ch 3 pt 2 div 1 hdg ins 2017 SL No. 104 s 23

70Application of part

This part applies to employed members.

s 70 ins 1997 SL No. 171 s 3 sch

sub 1997 SL No. 322 s 2 sch 1

amd 2002 SL No. 360 s 3 sch (retro)

sub 2005 SL No. 45 s 2 sch 1

amd 2007 SL No. 139 s 20; 2009 SL No. 79 s 24; 2013 SL No. 50 s 13; 2015 SL No. 72 s 6

sub 2017 SL No. 104 s 23

ch 3 pt 2 div 2 hdg ins 2017 SL No. 104 s 23

71Compulsory contributions by members in comprehensive accumulation category

(1)A member in the comprehensive accumulation category must make contributions to the scheme at the following rate of the member’s salary—

(a)for a member for whom a rate applies under a condition of membership stated in a membership notice—that rate;

(b)for a member who nominates a rate under this section—that rate;

(c)otherwise—the standard compulsory rate for the member.

(2)A member is taken to make the contributions required by subsection (1) if, under an arrangement with the member’s employer, the contributions are made by the employer.

(3)A member in the comprehensive accumulation category, other than a member mentioned in subsection (1)(a), may give the member’s employer a written notice nominating a rate, other than the standard compulsory rate, at which the member wishes to make contributions to the scheme under subsection (1).

(4)The nominated rate may only be—

(a)if the member is not a member of the Queensland Police Service and a membership notice states, as a condition of the person’s membership, a rate or rates that the member may nominate under this section—a stated rate; or

(b)if the member is a member of the Queensland Police Service—3%, 4%, 5% or 6%; or

(c)otherwise—2%, 3%, 4% or 5%.

s 71 ins 1997 SL No. 171 s 3 sch

amd 1997 SL No. 322 s 2 sch 2

sub 2000 SL No. 78 s 3 sch 2; 2017 SL No. 104 s 23

72Deduction of compulsory contributions from salary

(1)The employer of a member in the comprehensive accumulation category may deduct from the member’s salary the contributions required under section 71.

(2)The employer must give to the board the amounts deducted under subsection (1) at the times, and in the way, the board reasonably requires, having regard to the proper administration of the scheme.

(3)If an employer does not give an amount to the board within the time required under subsection (2), the employer must pay interest on the outstanding amount at the rate calculated under subsection (4).

(4)The board may calculate an interest rate, for a late payment mentioned in subsection (3), that reflects the member’s lost earnings because of the late payment.

s 72 ins 1997 SL No. 171 s 3 sch

amd 1997 SL No. 322 s 2 sch 1; 1998 SL No. 186 s 2 sch; 2000 SL No. 78 s 3 sch 2; 2001 SL No. 255 s 3 sch; 2002 SL No. 129 s 3 sch; 2005 SL No. 45 s 2 sch 1; 2008 SL No. 292 s 14; 2011 SL No. 92 s 5; 2013 SL No. 50 s 14; 2015 SL No. 72 s 8

sub 2017 SL No. 104 s 23

ch 3 pt 2 div 3 hdg ins 2017 SL No. 104 s 23

73Payment of employer contributions

(1)On each payday, a member’s employer must pay an amount equal to the prescribed percentage of the salary paid to the member on each payday to the board for the member.

(2)Subsection (1) applies subject to sections 27C and 74.

(3)In this section—

employee contribution rate, for a member in the comprehensive accumulation category, means the rate at which the member is contributing under section 71.

prescribed percentage means—

(a)for a member in the basic accumulation category for whom employer contributions are being made, under another chapter, for the same employment to which the membership in the basic accumulation category relates—nil; or

(b)for a member in the basic accumulation category who is also a member in the State 72 or police 74 category—3%; or

(c)for a member in the comprehensive accumulation category who is not a member of the Queensland Police Service—

(i)if the employee contribution rate is 2%—9.75%; or

(ii)if the employee contribution rate is 3%—10.75%; or

(iii)if the employee contribution rate is 4%—11.75%; or

(iv)if the employee contribution rate is 5%—12.75%; or

(d)for a member in the comprehensive accumulation category who is a member of the Queensland Police Service—

(i)if the employee contribution rate is 3%—12%; or

(ii)if the employee contribution rate is 4%—14%; or

(iii)if the employee contribution rate is 5%—16%; or

(iv)if the employee contribution rate is 6%—18%; or

(e)otherwise—the charge percentage.

s 73 ins 1997 SL No. 171 s 3 sch

amd 2003 SL No. 291 s 3 sch 2; 2011 SL No. 92 s 7

sub 2017 SL No. 104 s 23

amd 2019 SL No. 96 s 11

74Agreement on salary for purposes of employer contributions

(1)This section applies if—

(a)a member’s employer pays an amount to the member’s accumulation account that is equal to—

(i)the lowest prescribed percentage for the member under section 73(3), definition prescribed percentage, paragraph (c); or

(ii)the lowest prescribed percentage for the member under section 73(3), definition prescribed percentage, paragraph (d); or

(iii)the prescribed percentage for the member under section 73(3), definition prescribed percentage, paragraph (e); and

(b)the total of employer contributions payable by the employer to the member’s accumulation account for a financial year would be more than the concessional contributions cap.

(2)The member and the employer may agree on a salary for the member for section 73 that would result in employer contributions for the member for the financial year being equal to the concessional contributions cap.

(3)The agreement must—

(a)be in writing; and

(b)apply for a particular financial year.

(4)A copy of the agreement must be given to the board within 4 months after the beginning of the financial year for which the agreement applies.

s 74 ins 1997 SL No. 171 s 3 sch

amd 1997 SL No. 322 s 2 sch 1; 2005 SL No. 45 s 2 sch 1; 2011 SL No. 92 s 8; 2013 SL No. 12 s 9

sub 2017 SL No. 104 s 23

75Contributions while member is on workers’ compensation

(1)This section applies while a member is receiving compensation under the Workers’ Compensation and Rehabilitation Act 2003 instead of salary paid by an employer.

(2)The employer must pay to the board, on the member’s behalf, the amount payable under section 73 as if the member had been engaged in the member’s normal work.

(3)Subsection (2) applies subject to section 74.

s 75 ins 1997 SL No. 171 s 3 sch

sub 2017 SL No. 104 s 23

75BMethod of payment

All payments to be made to the board by an employer under this part must be made by such method as the board from time to time directs.

s 75B ins 2017 SL No. 104 s 23

ch 3 pt 2 div 4 hdg ins 2017 SL No. 104 s 23

75CTax file number not given to board within 6 months

(1)This section applies if a member in the comprehensive accumulation category—

(a)is making compulsory contributions to the scheme other than under an arrangement with the member’s employer under section 71(2); and

(b)has not given the board details of the member’s tax file number.

(2)The board must transfer the member to the basic accumulation category if the member does not give the board details of the member’s tax file number within 6 months after becoming a member.

(3)If the board transfers the member to the basic accumulation category under subsection (2) and the member later gives the board details of the member’s tax file number, the board must transfer the member back to the comprehensive accumulation category.

s 75C ins 2017 SL No. 104 s 23

amd 2019 SL No. 96 s 13

ch 3 pt 3 hdg ins 1997 SL No. 171 s 3 sch

sub 2017 SL No. 104 s 23

ch 3 pt 3 div 1A hdg ins 2000 SL No. 78 s 3 sch 2

om 2017 SL No. 104 s 23

ch 3 pt 3 div 3 hdg ins 1997 SL No. 171 s 3 sch

sub 1999 SL No. 130 s 3 sch

amd 2003 SL No. 50 s 3 sch

om 2017 SL No. 104 s 3 sch 1

ch 3 pt 3 div 1 hdg prev div 1 hdg ins 1997 SL No. 171 s 3 sch

sub 2000 SL No. 78 s 3 sch 2; 2017 SL No. 104 s 23

om 2019 SL No. 96 s 14

pres div 1 hdg (prev ch 3 pt 3 div 2 hdg) ins 1997 SL No. 171 s 3 sch

om 2017 SL No. 104 s 23

(orig ch 3 pt 3 div 3A hdg) ins 2006 SL No. 87 s 3 sch

sub 2007 SL No. 139 s 22

renum 2017 SL No. 104 s 3 sch 1; 2019 SL No. 96 s 15

76ADefinitions for division

In this division—

foreign superannuation fund see the Income Tax Assessment Act 1997 (Cwlth), section 995-1(1).

splittable contribution see section 76C.

spouse see section 76B.

superannuation lump sum see the Income Tax Assessment Act 1997 (Cwlth), section 995-1(1).

taxed splittable contribution ...

s 76A def taxed splittable contribution om 2009 SL No. 79 s 25

transfer amount see section 76F(2).

untaxed splittable contribution means a contribution made to the fund other than a taxed splittable contribution.

s 76A ins 2006 SL No. 87 s 3 sch

sub 2007 SL No. 139 s 22

amd 2017 SL No. 104 s 3 sch 1

76BMeaning of spouse

(1)In this division—

spouse see the SIS Act, section 10.

(2)This section applies despite the Acts Interpretation Act 1954, section 32DA.

s 76B ins 2006 SL No. 87 s 3 sch

sub 2007 SL No. 139 s 22

amd 2009 SL No. 79 s 26