Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SUPERANNUATION
LEGISLATION AMENDMENT
BILL 2002
Queensland
SUPERANNUATION LEGISLATION
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF GOVERNORS' PENSIONS ACT 1977
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 Minister is manager for Commonwealth Act. . . . . . . . . . . . . . . . . . . 4
PART 3--AMENDMENT OF JUDGES (PENSIONS AND LONG
LEAVE) ACT 1957
5 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 7 (Pension of spouse on death of judge) . . . . . . . . . . . . . . 5
7 Amendment of s 8 (Pension of spouse on death of retired judge) . . . . . . . . 5
8 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
18A Minister is manager for Commonwealth Act. . . . . . . . . . . . . . . . . . . 5
PART 4--AMENDMENT OF PARLIAMENTARY
CONTRIBUTORY SUPERANNUATION ACT 1970
9 Act amended in pt 4 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Insertion of new s 25AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
25AA Competing claims for widow's entitlement . . . . . . . . . . . . . . . . . . . . 6
11 Insertion of new s 25D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
25D Election to take part of pension as a lump sum to meet surcharge
liability ........................................... 7
PART 5--AMENDMENT OF PUBLIC OFFICERS
SUPERANNUATION BENEFITS RECOVERY ACT 1988
12 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Superannuation Legislation Amendment Bill 2002
13 Amendment of s 9 (Liability is a judgment debt) . . . . . . . . . . . . . . . . . . . . . 9
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 10
MINOR AMENDMENTS OF PARLIAMENTARY
CONTRIBUTORY SUPERANNUATION ACT 1970
2002
A BILL
FOR
An Act to amend the Governors' Pensions Act 1977, Judges (Pensions
and Long Leave) Act 1957, Parliamentary Contributory
Superannuation Act 1970 and Public Officers Superannuation
Benefits Recovery Act 1988
s1 4 s4
Superannuation Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Superannuation Legislation Amendment 4
Act 2002. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF GOVERNORS' PENSIONS 8
ACT 1977 9
3 Act amended in pt 2
Clause 10
This part amends the Governors' Pensions Act 1977. 11
4 Insertion of new s 7
Clause 12
After section 6-- 13
insert-- 14
`7 Minister is manager for Commonwealth Act 15
`(1) This section applies for the definition "trustee" in section 38 of the 16
Commonwealth Act in relation to the scheme as a constitutionally 17
protected superannuation fund under the Commonwealth Act. 18
`(2) The Minister is taken to manage the scheme. 19
`(3) In this section-- 20
s5 5 s8
Superannuation Legislation Amendment Bill 2002
"Commonwealth Act" means the Superannuation Contributions Tax 1
(Members of Constitutionally Protected Superannuation Funds) 2
Assessment and Collection Act 1997 (Cwlth). 3
"scheme" means the scheme established by this Act for providing pensions 4
to Governors of the State and to their spouses.'. 5
PART 3--AMENDMENT OF JUDGES (PENSIONS AND 6
LONG LEAVE) ACT 1957 7
5 Act amended in pt 3
Clause 8
This part amends the Judges (Pensions and Long Leave) Act 1957. 9
6 Amendment of s 7 (Pension of spouse on death of judge)
Clause 10
Section 7, `until remarriage'-- 11
omit, insert-- 12
`during the spouse's lifetime'. 13
7 Amendment of s 8 (Pension of spouse on death of retired judge)
Clause 14
Section 8(2)-- 15
omit. 16
8 Insertion of new s 18A
Clause 17
After section 18-- 18
insert-- 19
`18A Minister is manager for Commonwealth Act 20
`(1) This section applies for the definition "trustee" in section 38 of the 21
Commonwealth Act in relation to the scheme as a constitutionally 22
protected superannuation fund under the Commonwealth Act. 23
`(2) The Minister is taken to manage the scheme. 24
`(3) In this section-- 25
s9 6 s 10
Superannuation Legislation Amendment Bill 2002
"Commonwealth Act" means the Superannuation Contributions Tax 1
(Members of Constitutionally Protected Superannuation Funds) 2
Assessment and Collection Act 1997 (Cwlth). 3
"scheme" means-- 4
(a) the scheme established by this Act for providing pensions to 5
judges and to their spouses and children; or 6
(b) the scheme established by this Act as it applies for providing 7
pensions to members under the Industrial Relations Act 1999 and 8
to their spouses and children because of schedule 2, section 2 of 9
that Act; or 10
(c) the scheme established by this Act as it applies for providing 11
pensions to members of the Land Court because of the Land 12
Court Act 2000, section 40.'. 13
PART 4--AMENDMENT OF PARLIAMENTARY 14
CONTRIBUTORY SUPERANNUATION ACT 1970 15
9 Act amended in pt 4 and schedule
Clause 16
This part and the schedule amend the Parliamentary Contributory 17
Superannuation Act 1970. 18
10 Insertion of new s 25AA
Clause 19
After section 25-- 20
insert-- 21
`25AA Competing claims for widow's entitlement 22
`(1) This section applies to an entitlement that is payable under this Act 23
to a widow of a member or former member. 24
`(2) If, apart from this subsection, the entitlement would be payable to 25
more than 1 widow (because a deceased member or deceased former 26
member has left more than 1 widow)-- 27
(a) the entitlement is payable as decided by the trustees; and 28
s 11 7 s 11
Superannuation Legislation Amendment Bill 2002
(b) the total amount of entitlement payable to the widows at any time 1
must be equal to the amount of a single entitlement. 2
`(3) For subsection (2)(a), the trustees may decide-- 3
(a) that the entitlement is not payable to 1 or some, but not all, of the 4
widows; or 5
(b) subject to subsection (2)(b), how the amount of the entitlement is 6
to, or, if necessary for subsection (6), would, if the same type of 7
entitlement was payable to all the widows, be apportioned 8
between the widows. 9
`(4) For subsection (3), the trustees must have regard to the needs of each 10
of the widows and the other matters the trustees reasonably consider 11
relevant. 12
`(5) Subsection (6) applies if-- 13
(a) a deceased member has left more than 1 widow and a widow 14
makes an election under section 20AA(7) or 20A(1) (the 15
"electing widow"); or 16
(b) a deceased former member has left more than 1 widow and a 17
widow makes an election under section 20A(1) (also the 18
"electing widow"). 19
`(6) Despite section 20AA(8) or 20A(2) the lump sum or pension 20
payable to the electing widow is that decided by the trustees having regard 21
to the apportionment for the electing widow. 22
`(7) In this section-- 23
"entitlement" means a pension or other amount. 24
"single entitlement" means the entitlement that would have been payable 25
if the deceased member or deceased former member left only 26
1 widow.'. 27
11 Insertion of new s 25D
Clause 28
Part 3, after section 25C-- 29
insert-- 30
`25D Election to take part of pension as a lump sum to meet surcharge 31
liability 32
`(1) This section applies if-- 33
s 11 8 s 11
Superannuation Legislation Amendment Bill 2002
(a) a benefit is being paid in the form of a pension to a former 1
member or to someone else who has derived an entitlement to the 2
benefit through the former member; and 3
(b) the former member or other person is liable to pay a 4
superannuation contributions surcharge under the 5
Superannuation Contributions Tax (Assessment and Collection) 6
Act 1997 (Cwlth), section 10, relating to the benefit. 7
`(2) The former member or other person may elect to be paid a lump sum 8
instead of a part of the pension. 9
`(3) The maximum amount that may be paid as a lump sum under the 10
election is the amount of the liability mentioned in subsection (1)(b). 11
`(4) The election must be-- 12
(a) made in writing to the trustees; and 13
(b) accompanied by a copy of the assessment stating the amount of 14
the liability mentioned in subsection (1)(b). 15
`(5) The trustees must act on the election by reducing the pension by the 16
amount of the lump sum. 17
`(6) The reduction must happen in the way decided by the Minister on 18
the advice of an actuary. 19
`(7) This section does not apply to a benefit payable under section 21.1 20
`(8) In this section-- 21
"assessment" means an assessment of superannuation contributions 22
surcharge made by the commissioner of taxation under the 23
Superannuation Contributions Tax (Assessment and Collection) Act 24
1997 (Cwlth), section 15.'. 25
1 Section 21 (Payments to children)
s 12 9 s 13
Superannuation Legislation Amendment Bill 2002
PART 5--AMENDMENT OF PUBLIC OFFICERS 1
SUPERANNUATION BENEFITS RECOVERY ACT 1988 2
12 Act amended in pt 5
Clause 3
This part amends the Public Officers Superannuation Benefits Recovery 4
Act 1988. 5
13 Amendment of s 9 (Liability is a judgment debt)
Clause 6
Section 9(4), `Common Law Practice Act 1867, sections 72 and 73'-- 7
omit, insert-- 8
`Supreme Court Act 1995, sections 47 and 48'. 9
10
Superannuation Legislation Amendment Bill 2002
SCHEDULE 1
MINOR AMENDMENTS OF PARLIAMENTARY 2
CONTRIBUTORY SUPERANNUATION ACT 1970 3
section 7 4
1 Section 17(3A)(e), `section 20(c)'-- 5
omit, insert-- 6
`section 20(1)(c)'. 7
2 Section 18(2)(a), at the end-- 8
insert-- 9
`or'. 10
3 Section 18(12)(b)(i), at the end-- 11
insert-- 12
`and'. 13
4 Section 20(1)(a), definition "B", paragraphs (a) and (b), at the 14
end-- 15
insert-- 16
`or'. 17
5 Section 20A(3)(a) and (b), at the end-- 18
insert-- 19
`and'. 20
11
Superannuation Legislation Amendment Bill 2002
SCHEDULE (continued)
6 Section 21(2)(a), (b)(ii) and (c)(i) and (ii)(A), at the end-- 1
insert-- 2
`or'. 3
7 Section 33A(2)(a), at the end-- 4
insert-- 5
`and'. 6
© State of Queensland 2002
[Index] [Search] [Download] [Related Items] [Help]