Superannuation (State Public Sector) (Scheme Administration) Amendment Bill 2021 (Qld)

An Act to amend the Governors (Salary and Pensions) Act 2003, the Public Officers Superannuation Benefits Recovery Act 1988, the Right to Information Act 2009, the Superannuation (State Public Sector) Act 1990 and the legislation mentioned in schedule 1 for particular purposes, and to repeal the Superannuation (State Public Sector) Deed 1990 The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Superannuation (State Public Sector) (Scheme Administration) Amendment Act 2021.

2 Commencement This Act, other than part 2, divisions 1 and 2 and part 2A, commences on a day to be fixed by proclamation.

Part 2 Amendment of Superannuation (State Public Sector) Act 1990

Division 1 Preliminary

3 Act amended This part amends the Superannuation (State Public Sector) Act 1990.

Division 2 Amendments commencing on assent

4 Amendment of s 15D (Employer contributions if another fund chosen) Section 15D(2)— omit, insert— (2) The employer must pay the employer's contributions into the fund at the rate the employer would have paid contributions into the scheme under the deed if the employee were a member of the scheme, having regard to— (a) the category of membership in the scheme for which the employee is eligible under a declaration under section 14B; and (b) if applicable, the contributions the employee pays into the fund under section 15DA.

5 Insertion of new s 15DA After section 15D— insert—

15DA Employee contributions if another fund chosen (1) This section applies to a core government employee who, under section 15C, directs the employee's employer to pay contributions payable for the employee into a fund other than the scheme if— (a) the employee was a member of the scheme in the comprehensive accumulation category immediately before giving the direction; or (b) under a declaration under section 14B, the employee is eligible for membership in the scheme only in the comprehensive accumulation category. (2) The employee must pay contributions into the fund at the following rate of the employee's salary— (a) if the employee nominates a rate under this section—that rate; (b) otherwise—the rate at which the employee would have paid contributions into the scheme under the deed if the employee were a member of the scheme in the comprehensive accumulation category. (3) The employee may give the employee's employer a written notice nominating a rate at which the employee wishes to pay contributions into the fund under subsection (2). (4) However, a nomination under subsection (3)— (a) can not be made by an employee who, if the employee were a member of the scheme in the comprehensive accumulation category, would be required under the deed to pay contributions into the scheme at a rate stated in a declaration under section 14B; and (b) may only nominate a rate that the employee would be permitted to nominate under the deed for the employee's contributions into the scheme if the employee were a member of the scheme in the comprehensive accumulation category. (5) The employee is taken to pay the contributions required under subsection (2) into the fund if, under an arrangement with the employee's employer, the contributions are paid into the fund by the employer.