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Queensland
LOCAL GOVERNMENT
LEGISLATION
AMENDMENT BILL 1995
Queensland
LOCAL GOVERNMENT LEGISLATION
AMENDMENT BILL 1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CITY OF BRISBANE ACT 1924
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of s 23 (Superannuation benefits for councillors) . . . . . . . . . 6
23 Superannuation benefits for councillors . . . . . . . . . . . . . . . . . . . . . . . 6
5 Replacement of s 25E (Superannuation scheme for employees) . . . . . . . . 7
25E Superannuation scheme for employees . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--AMENDMENT OF FIRE SERVICE ACT 1990
6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Amendment of s 128A (Local government may make and levy
certain rates or charges and contribute amounts raised to rural fire
brigades) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 4--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 106 (Implementation of reviewable local
government matter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Replacement of s 186 (Superannuation benefits for councillors) . . . . . . . . 9
186 Superannuation benefits for councillors . . . . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 406 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Insertion of new Ch 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CHAPTER 12A--SUPERANNUATION
PART 1--INTERPRETATION
2
Local Government Legislation Amendment
743A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
743B Meaning of "permanent employee" . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--QUEENSLAND LOCAL GOVERNMENT
SUPERANNUATION BOARD
Division 1--Establishment, functions and powers of Board
743C Establishment of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
743D Legal status of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
743E Board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
743F Board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Board of directors
743G Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
743H Role of the board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
743I Composition of board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--General
743J Delegation of Board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 3--LOCAL GOVERNMENT SUPERANNUATION SCHEME
Division 1--Continuation and membership of scheme
743K Scheme continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
743L Membership of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Contributions for permanent employees
743M Local governments' liability for permanent employees . . . . . . . . . . 17
743N Permanent employees' liability for contributions . . . . . . . . . . . . . . . 17
743O Additional contributions to scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 18
743P Contributions may be deducted from employees' salaries . . . . . . . . 18
743Q Adjustment of contributions because of change in salary . . . . . . . . 18
Division 3--Contributions for non-contributory members
743R Local governments' liability for non-contributory members . . . . . . . 19
Division 4--General
743S Interest payable on outstanding contributions . . . . . . . . . . . . . . . . . . 19
PART 4--MISCELLANEOUS
743T Prohibition on local governments establishing certain
superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
743U Management of other superannuation schemes . . . . . . . . . . . . . . . . . 20
3
Local Government Legislation Amendment
743V Relevant persons superannuation schemes . . . . . . . . . . . . . . . . . . . . 20
743W Auditor-General's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
743X Application of Chapter to Board's employees . . . . . . . . . . . . . . . . . . 20
13 Replacement of s 773 (Corporate and operational plans) . . . . . . . . . . . . . . 21
773 Corporate and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14 Insertion of new Ch 14, Pt 1, Div 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 11A--Local Government Superannuation
Subdivision A--Interpretation
798A Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
798B Meaning of expressions used in Ch 12A . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision B--Local Government Superannuation Board
798C First board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
798D Assets and liabilities of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
798E Board's employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
798F Continuation of Board does not affect legal personality etc. . . . . . . 23
Subdivision C--Local Government Employee's Superannuation
Scheme and relevant persons plan
798G Assets and liabilities of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
798H Trust deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
798I Continuation of scheme does not affect members' entitlements . . . 23
798J Members of relevant persons plan become members of scheme . . . 23
798K Assets and liabilities of relevant persons plan . . . . . . . . . . . . . . . . . 24
Subdivision D--Miscellaneous
798L Local government entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
798M Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
15 Amendment of s 800 (Transitional regulations) . . . . . . . . . . . . . . . . . . . . . . 24
PART 5--AMENDMENT OF LOCAL GOVERNMENT
SUPERANNUATION ACT 1985
16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
17 Insertion of new Pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 5--BOARD'S DUTIES IN RELATION TO EXPANDED
SUPERANNUATION SCHEME
69 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4
Local Government Legislation Amendment
70 Board to make trust deed for expanded scheme . . . . . . . . . . . . . . . . 26
71 Appointment of board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 6--REPEALS
18 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
1995
A BILL
FOR
An Act to amend legislation about local government, and for other
purposes
s1 6 s4
Local Government Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Local Government Legislation 4
Amendment Act 1995. 5
6
Commencement
Clause 2. This Act (other than Part 3, sections 8, 9, 11, 13 and 15 and Part 5) 7
commences on 1 July 1995. 8
ART 2--AMENDMENT OF CITY OF BRISBANE 9
P
ACT 1924 10
amended 11
Act
Clause 3. This Part amends the City of Brisbane Act 1924. 12
of s 23 (Superannuation benefits for councillors) 13
Replacement
Clause 4. Section 23-- 14
omit, insert-- 15
benefits for councillors 16
`Superannuation
`23.(1) In this section-- 17
"scheme" means a superannuation scheme for councillors. 18
`(2) The Council may-- 19
(a) establish and amend a scheme; or 20
s5 7 s5
Local Government Legislation Amendment
(b) join in establishing and amending a scheme; or 1
(c) take part in a scheme. 2
`(3) However, the Council may not establish or take part in a scheme-- 3
(a) under which the Council is required to contribute to the scheme 4
for a person who has ceased to be a councillor; or 5
(b) that does not meet the requirements of the Superannuation 6
Industry (Supervision) Act 1993 (Cwlth). 7
`(4) If the Council acts under subsection (2), it may pay an amount from 8
the City Fund by way of a subsidy or contribution to the scheme.'. 9
of s 25E (Superannuation scheme for employees) 10
Replacement
Clause 5. Section 25E-- 11
omit, insert-- 12
scheme for employees 13
`Superannuation
`25E.(1) In this section-- 14
"scheme" means a superannuation scheme for Council employees. 15
`(2) The Council may-- 16
(a) establish and amend a scheme; or 17
(b) join in establishing and amending a scheme; or 18
(c) take part in a scheme. 19
`(3) However, the Council may not establish or take part in a scheme that 20
does not meet the requirements of the Superannuation Industry 21
(Supervision) Act 1993 (Cwlth). 22
`(4) If the Council acts under subsection (2), it may pay an amount from 23
the City Fund by way of a subsidy or contribution to the scheme.'. 24
s6 8 s9
Local Government Legislation Amendment
PART 3--AMENDMENT OF FIRE SERVICE ACT 1
1990 2
amended 3
Act
Clause 6. This Part amends the Fire Service Act 1990. 4
of s 128A (Local government may make and levy certain 5
Amendment
rates or charges and contribute amounts raised to rural fire brigades) 6
Clause 7. Section 128A(2) and (3)-- 7
omit. 8
PART 4--AMENDMENT OF LOCAL GOVERNMENT 9
ACT 1993 10
amended 11
Act
Clause 8. This Part amends the Local Government Act 1993. 12
of s 106 (Implementation of reviewable local government 13
Amendment
matter) 14
Clause 9.(1) Section 106(2)(d) to (i)-- 15
renumber as section 106(2)(e) to (j). 16
(2) Section 106(2)-- 17
insert-- 18
`(d) exempting a local government from the requirement to prepare 19
and adopt a corporate or operational plan, and the application of 20
this Act because of the exemption; or'. 21
s 10 9 s 10
Local Government Legislation Amendment
of s 186 (Superannuation benefits for councillors) 1
Replacement
Clause 10. Section 186-- 2
omit, insert-- 3
benefits for councillors 4
`Superannuation
`186.(1) In this section-- 5
"audit", of a superannuation scheme, means an audit required under the 6
Commonwealth Superannuation Act. 7
"Commonwealth Superannuation Act" means the Superannuation 8
Industry (Supervision) Act 1993 (Cwlth). 9
"scheme" means a voluntary superannuation scheme for councillors. 10
"standard permanent employee" has the meaning given by 11
section 743A. 12
`(2) A local government may-- 13
(a) establish and amend a scheme; or 14
(b) join in establishing and amending a scheme; or 15
(c) take part in a scheme. 16
`(3) However, a local government may not establish or take part in a 17
scheme-- 18
(a) under which the contribution to the scheme payable by the local 19
government for its councillors (expressed as a percentage of 20
payment in the nature of salary) is more than-- 21
(i) for the year starting 1 July 1995--11%; or 22
(ii) for the year starting 1 July 1996--11.5%; or 23
(iii) for each later year--12%;1 or 24
(b) under which the proportion of contribution to the scheme payable 25
by the local government for its councillors is more or less than 26
1 The percentages mentioned in the paragraph represent local governments'
liability for standard permanent employees under section 743M(2)(b) (Local
governments' liability for permanent employees) less standard permanent
employees' liability under section 743N(b) (Permanent employees' liability for
contributions).
s 11 10 s 12
Local Government Legislation Amendment
the proportion of contribution to the Local Government 1
Superannuation Scheme payable by the local government for its 2
standard permanent employees; or 3
(c) under which the local government is required to contribute to the 4
scheme for a person who has ceased to be a councillor; or 5
(d) that does not meet the requirements of the Commonwealth 6
Superannuation Act. 7
`(4) If a local government acts under subsection (2), it may pay an 8
amount from its operating fund by way of a subsidy or contribution to the 9
scheme. 10
`(5) An audit of a superannuation scheme established by a local 11
government (whether alone or with another local government) must be 12
carried out by the Auditor-General.'. 13
of s 406 (Exemptions) 14
Amendment
Clause 11. Section 406-- 15
insert-- 16
`(1A) An exemption under subsection (1)(c) may be given subject to 17
conditions.'. 18
of new Ch 12A 19
Insertion
Clause 12. After Chapter 12-- 20
insert-- 21
HAPTER 12A--SUPERANNUATION 22
`C
`PART 1--INTERPRETATION 23
24
`Definitions
`743A. In this Chapter-- 25
"approved scheme" see section 743U. 26
s 12 11 s 12
Local Government Legislation Amendment
"audit", of a superannuation scheme, means an audit required under the 1
Commonwealth Superannuation Act. 2
"Board" means the Queensland Local Government Superannuation Board. 3
"Commonwealth Superannuation Act" means the Superannuation 4
Industry (Supervision) Act 1993 (Cwlth). 5
"contributory member", of the scheme, means a member who is required 6
to make contributions for membership of the scheme. 7
"election notice", for an employee of a local government, means a written 8
notice given to the local government and Board by the employee 9
electing to become a permanent employee for this Chapter. 10
"eligible member" see section 743L(1). 11
"employees' scheme" means the Local Government Employees' 12
Superannuation Scheme under the repealed Act. 13
"local government" includes a local government entity. 14
"local government entity" means an entity-- 15
(a) that-- 16
(i) under an Act, exercises a power similar to a local 17
government power; or 18
(ii) under an Act, exclusively performs a function in relation to 19
the system of local government in Queensland; or 20
(iii) exclusively exercises a local government power for a local 21
government; and 22
(b) that is prescribed under the regulations to be a local government 23
entity for this Chapter. 24
"local government power" means a power that may be exercised by a 25
local government in exercising its jurisdiction of local government. 26
"member" means a member of the scheme. 27
"non-contributory member", of the scheme, means a member who is not 28
required to make contributions for membership of the scheme. 29
"permanent employee", of a local government, see section 743B. 30
"prescribed number", of directors, see section 743I(1). 31
s 12 12 s 12
Local Government Legislation Amendment
"relevant person" means a person (other than an eligible member) who-- 1
(a) works for, or provides a service to, a local government; and 2
(b) is prescribed under the regulations as a relevant person. 3
"relevant persons scheme" means a superannuation scheme providing 4
superannuation, retirement or other similar benefits for relevant 5
persons. 6
"repealed Act" means the Local Government Superannuation Act 1985. 7
"salary", of an employee, means the employee's salary under the trust 8
deed. 9
"scheme" means the Local Government Superannuation Scheme. 10
"special permanent employee", of a local government, means a 11
permanent employee who, immediately before the commencement, 12
was required under the repealed Act to make contributions for 13
membership of the employees' scheme at the rate of 5% of the 14
employee's salary. 15
"standard permanent employee", of a local government, means a 16
permanent employee who-- 17
(a) immediately before the commencement, was required under the 18
repealed Act to make contributions for membership of the 19
employees' scheme at the rate of 6% of the employee's salary; or 20
(b) starts employment after the commencement. 21
"trust deed" see section 743K(2). 22
of "permanent employee" 23
`Meaning
`743B.(1) A "permanent employee" of a local government (other than 24
a local government entity) is an employee of the local government who-- 25
(a) has been continuously employed by the local government, or the 26
local government and other local governments consecutively, for 27
at least 1 year; or 28
(b) has-- 29
(i) been continuously employed by the local government, or the 30
local government and other local governments 31
s 12 13 s 12
Local Government Legislation Amendment
consecutively, for less than 1 year; and 1
(ii) given an election notice to the local government and Board. 2
`(2) However, if an employee is solely employed by a local government 3
to carry out work on a particular job or project and the employee's 4
employment is dependent on the time taken to carry out the job or project, 5
the employee is not a permanent employee. 6
`(3) For subsection (1), an employee is not continuously employed if-- 7
(a) the employee's employment is broken by at least 60 consecutive 8
days when the employee was not employed, and is not in a 9
position to accept an offer of employment, by a local government; 10
or 11
(b) the Board is satisfied the employee is no longer employed by a 12
local government and has no intention of taking up employment 13
with a local government. 14
`(4) An employee of a local government entity is also a permanent 15
employee if the entity declares the employee to be a permanent employee 16
for this Chapter by written notice given to the Board. 17
`PART 2--QUEENSLAND LOCAL GOVERNMENT 18
SUPERANNUATION BOARD 19
`Division 1--Establishment, functions and powers of Board 20
of Board 21
`Establishment
`743C. The board established under the repealed Act is continued in 22
existence under the name, Queensland Local Government Superannuation 23
Board. 24
status of Board 25
`Legal
`743D.(1) The Board-- 26
s 12 14 s 12
Local Government Legislation Amendment
(a) is a body corporate; and 1
(b) has a seal; and 2
(c) may sue and be sued in its corporate name. 3
`(2) Judicial notice must be taken of the imprint of the Board's seal 4
appearing on a document and the document must be presumed to have been 5
properly sealed unless the contrary is established. 6
functions 7
`Board's
`743E. The Board's functions are-- 8
(a) to act as trustee of the scheme; and 9
(b) to manage approved schemes; and 10
(c) to act as trustee of, and establish and act as trustee of, relevant 11
persons schemes. 12
powers 13
`Board's
`743F.(1) The Board may do all things necessary or convenient to be 14
done for, or in connection with, the performance of its functions. 15
`(2) Without limiting subsection (1), the Board-- 16
(a) has the powers given to it by this Chapter; and 17
(b) has, in the performance of its functions, all the powers of an 18
individual. 19
`(3) It may, for example-- 20
(a) enter into contracts; and 21
(b) acquire, hold, deal with and dispose of property. 22
2--Board of directors 23
`Division
of directors 24
`Board
`743G. There is a board of directors of the Board. 25
s 12 15 s 12
Local Government Legislation Amendment
of the board of directors 1
`Role
`743H.(1) The board of directors is responsible for how the Board 2
performs its functions and exercises its powers. 3
`(2) Without limiting subsection (1), it is the role of the board of 4
directors to ensure the Board performs its functions in a proper, effective 5
and efficient way. 6
of board of directors 7
`Composition
`743I.(1) In this section-- 8
"prescribed number" of directors means 3 or, if another number is 9
prescribed under the regulations, the other number. 10
`(2) The board of directors is to consist of-- 11
(a) the prescribed number of directors appointed on the nomination 12
of the Local Government Association; and 13
(b) the prescribed number of directors appointed on the nomination 14
of members of the scheme; and 15
(c) if the trust deed provides for the appointment of an additional 16
independent director and an independent director is 17
appointed--the appointed independent director. 18
`(3) The directors must be appointed under rules established to comply 19
with the Commonwealth Superannuation Act.2 20
3--General 21
`Division
of Board's powers 22
`Delegation
`743J. The Board may delegate its powers to an employee of the Board. 23
2 See sections 107 (Duty of trustee of employer-sponsored fund to establish
procedure for appointing member representatives) and 108 (Duty of trustee of
employer-sponsored fund to establish procedure for appointing independent
trustee or independent member of board of directors of corporate trustee).
s 12 16 s 12
Local Government Legislation Amendment
`PART 3--LOCAL GOVERNMENT 1
SUPERANNUATION SCHEME 2
1--Continuation and membership of scheme 3
`Division
continued 4
`Scheme
`743K.(1) The Local Government Employees' Superannuation Scheme 5
established under the repealed Act is continued in existence under the name, 6
Local Government Superannuation Scheme. 7
`(2) Rules governing the operation of the scheme must be set out in a 8
trust deed made by the Board (the "trust deed"). 9
`(3) Without limiting subsection (2), the trust deed must contain 10
provision about matters that, under the Commonwealth Superannuation 11
Act, must be contained in the governing rules of regulated funds within the 12
meaning of that Act. 13
of scheme 14
`Membership
`743L.(1) The following persons are eligible to be members of the 15
scheme ("eligible members")-- 16
(a) a councillor of a local government; 17
(b) an employee of a local government or the Board; 18
(c) a contractor of a local government; 19
(d) a member of the governing body of a local government entity; 20
(e) another person for whom a local government or the Board is 21
required under the Superannuation Guarantee (Administration) 22
Act 1992 (Cwlth) to contribute to a superannuation scheme; 23
(f) another person prescribed under the regulations. 24
`(2) An employee of a local government (other than a local government 25
entity) or the Board must be a member of the scheme. 26
s 12 17 s 12
Local Government Legislation Amendment
`Division 2--Contributions for permanent employees 1
governments' liability for permanent employees 2
`Local
`743M.(1) A local government that employs a permanent employee 3
must pay to the scheme yearly contributions for the employee within the 4
time stated in the trust deed. 5
`(2) The yearly contributions for the employee are calculated at the 6
following rates-- 7
(a) if the employee is a special permanent employee-- 8
(i) for the year starting 1 July 1995--15% of the employee's 9
salary; or 10
(ii) for the year starting 1 July 1996--15.5% of the employee's 11
salary; or 12
(iii) for each later year--16% of the employee's salary; 13
(b) if the employee is a standard permanent employee-- 14
(i) for the year starting 1 July 1995--17% of the employee's 15
salary; or 16
(ii) for the year starting 1 July 1996--17.5% of the employee's 17
salary; or 18
(iii) for each later year--18% of the employee's salary. 19
`(3) The yearly contributions include contributions required to be paid to 20
the scheme for the member under an industrial agreement or award. 21
employees' liability for contributions 22
`Permanent
`743N. A permanent employee of a local government for whom the local 23
government is required to pay yearly contributions to the scheme must pay 24
to the local government yearly contributions calculated at the following 25
rate-- 26
(a) if the employee is a special permanent employee--5% of the 27
employee's salary; 28
s 12 18 s 12
Local Government Legislation Amendment
(b) if the employee is a standard permanent employee--6% of the 1
employee's salary. 2
contributions to scheme 3
`Additional
`743O.(1) A member, or local government for a member, may make 4
additional contributions to the scheme to secure additional benefits under the 5
trust deed. 6
`(2) Subsection (1) has effect subject to section 186.3 7
may be deducted from employees' salaries 8
`Contributions
`743P.(1) A local government may deduct the amount of an employee's 9
contributions or any part of them from the employee's salary or other 10
amount owing to it by the employee. 11
`(2) Subsection (1) applies despite any other Act. 12
of contributions because of change in salary 13
`Adjustment
`743Q.(1) The Board may, by written notice given to a local 14
government, require the local government to give the Board the salary 15
details for each of the local government's permanent employees as at 16
1 January or 1 July in a stated year. 17
`(2) The local government must comply with the notice. 18
`(3) If a permanent employee's salary has changed, the Board must-- 19
(a) calculate the yearly contributions payable for the employee based 20
on the employee's new salary; and 21
(b) give written notice of the amount of contributions payable for the 22
employee to the local government. 23
`(4) The contributions stated in the notice become payable for the 24
employee from the time stated in the notice. 25
`(5) However, if the employee's salary has decreased and the employee 26
gives written notice to the Board that the employee wants to pay 27
3 Section 186 (Superannuation benefits for councillors)
s 12 19 s 12
Local Government Legislation Amendment
contributions as if the employee's salary had not decreased, the Board must 1
calculate the yearly contributions payable for the employee based on the 2
employee's former salary. 3
`(6) The employee's notice must be given within the time stated in the 4
trust deed. 5
3--Contributions for non-contributory members 6
`Division
governments' liability for non-contributory members 7
`Local
`743R.(1) A local government that employs a non-contributory member 8
must pay to the scheme all superannuation contributions required to be paid 9
to the scheme for the member under an industrial agreement or award. 10
`(2) A local government (other than a local government entity) that 11
employs a non-contributory member must pay to the scheme all 12
superannuation contributions required to be paid for the member under an 13
Act of the State or Commonwealth. 14
4--General 15
`Division
payable on outstanding contributions 16
`Interest
`743S.(1) If a local government does not pay an amount to the scheme 17
within the time stated under the trust deed, interest is payable on the amount 18
by the local government to the scheme. 19
`(2) Interest is payable at the rate prescribed under the regulations and 20
calculated on a daily basis. 21
`(3) However, the Board may waive the payment of interest. 22
s 12 20 s 12
Local Government Legislation Amendment
ART 4--MISCELLANEOUS 1
`P
on local governments establishing certain 2
`Prohibition
superannuation schemes 3
`743T.(1) A local government must not establish or join in establishing a 4
superannuation scheme for the benefit of its employees.4 5
`(2) Subsection (1) does not apply to a local government entity. 6
of other superannuation schemes 7
`Management
`743U. With the Governor in Council's approval, the Board may 8
manage another superannuation scheme (an "approved scheme") for the 9
scheme's trustee. 10
persons superannuation schemes 11
`Relevant
`743V. With the Governor in Council's approval, the Board may-- 12
(a) act as trustee of a relevant persons scheme; or 13
(b) establish, and act as trustee of, a relevant persons scheme. 14
role 15
`Auditor-General's
`743W. An audit of a superannuation scheme for which the Board acts 16
as trustee must be carried out by the Auditor-General. 17
of Chapter to Board's employees 18
`Application
`743X. For eligible members who are Board employees, this Chapter 19
applies to the Board with all necessary changes and any changes prescribed 20
under the regulations.'. 21
4 For superannuation schemes for councillors, see section 186 (Superannuation
benefits for councillors).
s 13 21 s 14
Local Government Legislation Amendment
of s 773 (Corporate and operational plans) 1
Replacement
Clause 13. Section 773-- 2
omit, insert-- 3
and operational plans 4
`Corporate
`773.(1) In this section-- 5
"new local government" means a local government for a new local 6
government area created under-- 7
(a) the Local Government (Albert, Beaudesert and Gold Coast) 8
Regulation 1994; or 9
(b) the Local Government (Brisbane, Esk, Ipswich and Moreton) 10
Regulation 1994; or 11
(c) the Local Government (Cairns, Douglas, Mareeba and 12
Mulgrave) Regulation 1994. 13
`(2) Despite Chapter 7, Part 2,5 a new local government is not required to 14
prepare and adopt a corporate or operational plan for the year ending 15
30 June 1996. 16
`(3) Sections 433(1) and (2) and 4496 do not apply to a new local 17
government. 18
`(4) Subsections (1) to (3) are laws to which section 20A of the Acts 19
Interpretation Act 1954 applies. 20
`(5) This section expires on 1 July 1995.'. 21
of new Ch 14, Pt 1, Div 11A 22
Insertion
Clause 14. After Chapter 14, Part 1, Division 11 -- 23
insert-- 24
5 Chapter 7 (Financial operation and accountability of local governments), Part 2
(Corporate and operational plans)
6 Sections 433 (Requirements of budgets) and 449 (Content of report about
implementing corporate and operational plans)
s 14 22 s 14
Local Government Legislation Amendment
11A--Local Government Superannuation 1
`Division
A--Interpretation 2
`Subdivision
3
`Definition
`798A. In this Division-- 4
"relevant persons plan" means the Local Government Superannuation 5
(Relevant Persons) Plan established under the repealed Act. 6
of expressions used in Ch 12A 7
`Meaning
`798B. An expression that is not defined in this Division, but is defined 8
in Chapter 12A, has the meaning given in Chapter 12A. 9
`Subdivision B--Local Government Superannuation Board 10
board of directors 11
`First
`798C. The appointment, under Part 5 of the repealed Act, of the first 12
board of directors of the Board starts on the commencement. 13
and liabilities of Board 14
`Assets
`798D. The assets and liabilities of the Board immediately before the 15
commencement continue to be the assets and liabilities of the Board. 16
employees 17
`Board's
`798E. The continuation of the Board under Chapter 12A does not 18
affect-- 19
(a) the continuity of employment of a person who, immediately 20
before the commencement, was an employee of the Board and 21
who continues to be an employee of the Board; and 22
(b) the person's entitlements as an employee. 23
s 14 23 s 14
Local Government Legislation Amendment
of Board does not affect legal personality etc. 1
`Continuation
`798F.(1) The change of name and continuation of the Board under 2
Chapter 12A does not-- 3
(a) affect the legal personality or identity of the Board; or 4
(b) affect rights or obligations of the Board or anyone else; or 5
(c) make legal proceedings by or against the Board defective. 6
`(2) If a legal proceeding might have been continued or started by or 7
against the Board before the commencement, the proceeding may be 8
continued or started by or against the Board after the commencement. 9
`Subdivision C--Local Government Employee's Superannuation 10
Scheme and relevant persons plan 11
and liabilities of scheme 12
`Assets
`798G. The assets and liabilities of the scheme immediately before the 13
commencement continue to be the assets and liabilities of the scheme. 14
deed 15
`Trust
`798H. On the commencement, the trust deed made under Part 5 of the 16
repealed Act is the trust deed for the scheme. 17
of scheme does not affect members' entitlements 18
`Continuation
`798I. The change of name and continuation of the scheme under 19
Chapter 12A does not affect members' entitlements accrued under the 20
scheme. 21
of relevant persons plan become members of scheme 22
`Members
`798J. On the commencement, a person who, immediately before the 23
commencement, was a member of the relevant persons plan-- 24
(a) ceases to be have any entitlement under the plan; and 25
(b) becomes a member of the scheme, with all the entitlements 26
s 15 24 s 15
Local Government Legislation Amendment
accrued under the plan immediately before the commencement 1
continuing to be the member's entitlements under the scheme. 2
and liabilities of relevant persons plan 3
`Assets
`798K. On the commencement-- 4
(a) the assets and liabilities of the relevant persons plan become 5
assets and liabilities of the scheme; and 6
(b) all rights, entitlements and obligations of the relevant persons plan 7
under contracts and arrangements between the Board and other 8
persons become the rights, entitlements and obligations of the 9
scheme. 10
`Subdivision D--Miscellaneous 11
government entities 12
`Local
`798L. An entity declared under section 6 of the repealed Act to be a 13
local government for the repealed Act is taken to be a local government 14
entity. 15
of Division 16
`Expiry
`798M. This Division expires the day after the commencement.'. 17
of s 800 (Transitional regulations) 18
Amendment
Clause 15. Section 800(1)(a), after `operation of'-- 19
insert-- 20
`the Local Government Superannuation Act 1985 (whether before or 21
after its repeal) or'. 22
s 16 25 s 17
Local Government Legislation Amendment
PART 5--AMENDMENT OF LOCAL GOVERNMENT 1
SUPERANNUATION ACT 1985 2
amended 3
Act
Clause 16. This Part amends the Local Government Superannuation Act 1985. 4
of new Pt 5 5
Insertion
Clause 17. After Part 4-- 6
insert-- 7
`PART 5--BOARD'S DUTIES IN RELATION TO 8
EXPANDED SUPERANNUATION SCHEME 9
10
`Definitions
`69. In this Part-- 11
"Commonwealth Superannuation Act" means the Superannuation 12
Industry (Supervision) Act 1993 (Cwlth). 13
"continuing Board" means the Local Government Superannuation Board 14
under the new legislation. 15
"existing schemes" means the Scheme and the Local Government 16
Superannuation (Relevant Persons) Plan established under this Act. 17
"expanded scheme" means the Scheme expanded under the new 18
legislation to include members of the relevant persons plan as 19
members. 20
"new legislation" means Chapter 12A of the Local Government Act 1993. 21
"member representatives" has the meaning given under the 22
Commonwealth Superannuation Act. 23
"relevant persons plan" means the Local Government Superannuation 24
(Relevant Persons) Plan established under this Act. 25
"transfer day" means 1 July 1995. 26
s 17 26 s 17
Local Government Legislation Amendment
to make trust deed for expanded scheme 1
`Board
`70.(1) Within 30 days after the commencement, the Board must make a 2
trust deed for the expanded scheme to operate from the transfer day. 3
`(2) The trust deed must-- 4
(a) comply with the new legislation; and 5
(b) contain provisions about matters that, under the Commonwealth 6
Superannuation Act, must be contained in the governing rules of 7
regulated funds within the meaning of that Act. 8
`(3) Under the trust deed, the entitlements of members accrued under the 9
existing schemes must continue to be their entitlements under the expanded 10
scheme. 11
`(4) The trust deed must establish rules for the appointment and removal 12
of the member representatives of the first board of directors of the 13
continuing Board. 14
`(5) The rules must comply with section 107 of the Commonwealth 15
Superannuation Act.7 16
`(6) To remove any doubt, it is declared that nothing in this section 17
prevents the Board from amending the trust deed before the transfer day. 18
of board of directors 19
`Appointment
`71.(1) For bringing the expanded scheme into operation on the transfer 20
day, the Board must ensure the first board of directors of the continuing 21
Board is appointed before the transfer day for effect from that day. 22
`(2) The appointment of the first board of directors does not confer a 23
right, or impose a liability, on the directors before the transfer day.'. 24
7 Section 107 (Duty of trustee of employer-sponsored fund to establish procedure
for appointing member representatives)
s 18 27 s 18
Local Government Legislation Amendment
PART 6--REPEALS 1
repealed 2
Acts
Clause 18. The following Acts are repealed-- 3
· Local Government Superannuation Act 1985 No. 98 4
· Local Government Superannuation Act Amendment Act 1987 5
No. 81 6
· Local Government Superannuation Act Amendment Act 1989 7
No. 48 8
· Local Government Superannuation Amendment Act 1992 No. 30 9
· Local Government Superannuation Amendment Act (No. 2) 10
1992 No. 51. 11
12
© State of Queensland 1995
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