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Superannuation (State Public Sector) Amendment Bill 2009
Superannuation (State Public Sector)
Amendment Bill 2009
Explanatory Notes
General Outline
Policy Objectives
To amend the Superannuation (State Public Sector) Act 1990 to:
· ensure that the purchasers of a government assets are bound by the
rules of the State Public Sector Superannuation Scheme (QSuper);
· extend QSuper's employer eligibility criteria to allow the fund to
accept employer contributions for any person who has an account with
the fund; and
· facilitate the transfer of Treasury staff to QSuper Limited.
Reasons for the Bill
Following the recent sale of Government assets, e.g. airports, it has become
prudent to reinforce the legislative basis to enforce the adherence of private
sector companies to QSuper's rules. The proposed amendment ensures
that, following the sale of a government asset, normally to private sector
organisations, the employer is bound by the QSuper rules in relation to the
superannuation conditions of the employees transferred as part of the sale.
The proposed extension of QSuper's employer eligibility criteria, allowing
the fund to accept employer contributions for spouse account holders,
makes QSuper's arrangements consistent with other public sector and local
Government schemes.
In addition, the Bill transfers Treasury staff, currently engaged by QSuper
Limited under an Employment Services Agreement to QSL and provides a
12 month period in which they may elect to revert to the public sector. The
Bill maintains all employee benefits, entitlements, remunerations and
rights to superannuation and leave.
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Superannuation (State Public Sector) Amendment Bill 2009
Achievement of the Objectives
The Bill achieves the policy objectives set out above by amending the
Superannuation (State Public Sector) Act 1990 and the Parliament of
Queensland Act 2001 to:
· confirm that purchasers of government assets, normally by private
sector organisations, are bound by the QSuper rules in relation to the
superannuation conditions of the employees transferred as part of the
sale;
· enable QSuper to accept employer contributions for spouse account
holders;
· transfer Treasury staff, currently engaged by QSuper Limited (QSL)
under an Employment Services Agreement, to QSL whilst
maintaining all employee entitlements and providing a 12 month
period in which persons may revert to the public sector; and
Alternatives to the Bill
The policy objectives can only be achieved by legislative enactment.
Estimated Cost for Government Implementation
There is no cost to Government in implementing the amendments
contained in the proposed Bill.
Consistency with Fundamental Legislative Principles
There are no fundamental legislative principle issues with the amendments.
Consultation
Consultation has occurred with key government departments that may have
an interest in the Bill.
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Superannuation (State Public Sector) Amendment Bill 2009
Notes on Provisions
Part 1 Preliminary
Clause 1 cites the short title of the Bill.
Clause 2 states that the Bill amends the Superannuation (State Public
Sector) Act 1990.
Clause 3 inserts relevant definitions into section 2 of the Act.
Clause 4 amends section 13 of the Act to allow non-public sector
employers of all persons who have an account with QSuper to make
contributions to the fund.
Clause 5 amends section 13A of the Act to make it clear that all employers
who contribute to QSuper are bound by the QSuper Act and Deed.
Clause 6 inserts a new section 13AA to make it clear that where a
government asset changes ownership, the QSuper Act continues to apply to
the `new' owner.
Clause 7 inserts a new Part 4B.
· New section 31C inserts relevant definitions for new Part 4B.
· New section 31D deals with the entitlements of Treasury Department
employees transferred to QSuper Limited (QSL).
· All permanent employees are provided with permanent positions
with transferring employee's benefits, entitlements, remuneration
and rights to superannuation to be maintained.
· New section 31E prescribes the conditions upon which persons
transferred to QSL under new section 31D, may elect to `revert' to the
public sector.
· Persons are provided a period of 1 year from the date of transfer
to provide written notice of their intention to revert to the public
service to the chief executive officer of QSL.
· The chief executive officer of QSL must provide a copy of the
notice to the chief executive of the department at least 7 days but
not more than 21 days after receiving the notice.
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Superannuation (State Public Sector) Amendment Bill 2009
· Employees may only make one election to revert and such notice
takes effect regardless of whether an employee subsequently
withdraws their election.
· New section 31F provides that if a person elects to revert to the public
sector, upon the employee's return the employee is taken not to have
stopped being a public service employee for the purposes of leave and
entitlements.
© State of Queensland 2009
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