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Superannuation Legislation Amendment Bill 2002
SUPERANNUATION LEGISLATION
AMENDMENT BILL 2002
EXPLANATORY NOTES
Short Title
The short title of the Bill is the Superannuation Legislation Amendment
Bill 2002.
Policy objectives of the Bill and reasons for them
The Bill provides for the amendment of the Governors' Pensions Act
1977, the Judges (Pensions and Long Leave) Act 1957, the Parliamentary
Contributory Superannuation Act 1970, and the Public Officers'
Superannuation Benefits Recovery Act 1988 in the manner outlined below.
The amendments to the Governors' Pensions Act 1977 (the Governors
Act) and the Judges (Pensions and Long Leave) Act 1957 (the Judges Act)
are to:
· name the respective Minister as the person who manages the
scheme for the purposes of the Commonwealth Government's
superannuation surcharge legislation; and
· in respect of the Judges Act only, remove the requirement that a
pension cease upon remarriage of a widow of a judge or a retired
judge.
The amendments to the Parliamentary Contributory Superannuation Act
1970 (the Parliamentary Act) are to:
· ensure that only one total widows' benefit is payable in the event
a deceased member or former member were to leave both a legal
spouse and a de facto partner;
· allow former members or other persons in receipt of a pension to
commute part of that pension entitlement to a lump-sum to meet
surcharge debts; and
· make minor technical amendments.
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Superannuation Legislation Amendment Bill 2002
The amendments to the Public Officers Superannuation Benefits
Recovery Act 1988 (the Recovery Act) are to:
· make a minor technical amendment.
The way that the Bill achieves the policy objectives and why this
approach is reasonable and appropriate
The Queensland Government had received legal advice that in respect of
the Judges' and Governors' pension schemes, the Commonwealth
Government's surcharge regime depends on the existence of a
`superannuation provider'. In the absence of an identifiable
`superannuation provider' for the Judges' and Governors' schemes, the
Solicitor-General advised the surcharge regime may be inoperative. The
Bill will provide that the respective Minister in relation to the Judges and
Governors Acts is taken to be the person who manages each scheme. This
will overcome the above obstacle and allow the surcharge to be applied to
Queensland Judges and the Governor, thus ensuring consistency with all
other high income earners.
In respect of the Judges Act, this Bill seeks to remove the requirement
that a pension cease upon remarriage of a widow, to be consistent with the
treatment of widows' pensions under the Parliamentary Act.
In respect of the Parliamentary Act, these amendments clarify that if a
deceased member or former member were to leave both a legal spouse and
a de facto partner surviving, only one entitlement is payable, with the
apportionment of that entitlement to be determined by the Board of
Trustees of the Parliamentary Contributory Superannuation Fund.
The Bill allows former members or other persons to commute part of
their Parliamentary pension entitlement to meet any personal surcharge
debts received after the date of resignation. These amendments will
provide for consistency relative to the Commonwealth Parliamentary
superannuation scheme. In addition, minor technical amendments are
being made to the Parliamentary Act.
The Bill amends the Recovery Act to update a reference to a repealed
Act.
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Superannuation Legislation Amendment Bill 2002
Reasonable alternatives for achieving the policy objectives and why the
alternatives were not adopted.
There are no alternatives considered appropriate for achieving these
policy objectives.
Administrative cost to the Government in implementing this Bill
The costs associated with implementing this Bill are expected to be
minimal.
Consistency of the Bill with Fundamental Legislative Principles
The Bill conforms to the fundamental legislative principles.
Consultation on the Bill
Consultation has taken place with the following:
the Department of Justice and Attorney-General;
·
the Department of the Premier and Cabinet; and
·
the Government Superannuation Office.
·
NOTES ON CLAUSES
PART 1--PRELIMINARY
Clause 1 of the Bill sets out the short title of the proposed Act.
Clause 2 of the Bill provides for the commencement date of the
proposed Act. The Bill will commence on a date to be fixed by
proclamation.
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Superannuation Legislation Amendment Bill 2002
PART 2--AMENDMENT OF THE GOVERNORS'
PENSION ACT 1977
Clause 3 provides that the Bill amends the Governors' Pensions Act
1977.
Clause 4 inserts a new section to specify that the Minister is to be the
manager of the scheme for Commonwealth Government surcharge
purposes.
PART 3--AMENDMENT OF THE JUDGES (PENSIONS
AND LONG LEAVE) ACT 1957
Clause 5 provides that the Bill amends the Judges (Pensions and Long
Leave) Act 1957.
Clauses 6 and 7 remove the requirement that a pension cease upon the
remarriage of a widow of a judge or former judge.
Clause 8 inserts a new section to specify that the Minister is to be the
manager of the scheme for Commonwealth Government surcharge
purposes.
PART 4--AMENDMENT OF THE PARLIAMENTARY
CONTRIBUTORY SUPERANNUATION ACT 1970
Clause 9 provides that the Bill amends the Parliamentary Contributory
Superannuation Act 1970 (the Parliamentary Act).
Clause 10 inserts a new section to ensure that only one total widows'
benefit is payable in the event of the death of a member or a former
member. It is possible for a deceased member to leave both a legal spouse
and defacto spouse, and the section ensures that only one total benefit is
payable in this circumstance, in proportions determined by the Trustees of
the Parliamentary Contributory Superannuation Fund.
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Superannuation Legislation Amendment Bill 2002
Clause 11 inserts a new section to allow a member or another person
deriving an entitlement through a former member to commute a part of a
pension benefit to a lump sum to meet a surcharge liability.
The Schedule to the Bill makes minor technical amendments to the
Parliamentary Act.
PART 5--AMENDMENT OF THE PUBLIC OFFICERS
SUPERANNUATION BENEFITS RECOVERY ACT 1988
Clause 12 provides that the Bill amends the Public Officers'
Superannuation Benefits Recovery Act 1988 (the Recovery Act).
Clause 13 makes a minor technical amendment to the Recovery Act to
correct a reference to the now repealed Common Law Practice Act 1867.
© State of Queensland 2002