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1
Superannuation (State Public Sector)
Amendment (No. 2)
SUPERANNUATION (STATE PUBLIC
SECTOR) AMENDMENT (No. 2) BILL
EXPLANATORY NOTES
GENERAL OUTLINE
Short Title
The Act will be known as the Superannuation (State Public Sector)
Amendment (No. 2) Act 1999.
Objectives of the Legislation
The Bill will provide for the amendment of the Superannuation (State
Public Sector) Act 1990 (Superannuation Act) to allow the existing
employees of the South East Queensland Water Board (SEQWB) to retain
their membership of the State Public Sector Superannuation Scheme
(QSuper) upon the transfer of SEQWB and the creation of the South East
Queensland Water Corporation Limited (SEQWCo).
Reasons for the Bill
The South East Queensland Water Board (Reform Facilitation) Act
1999 (Reform Act) was enacted on 17 September 1999. The Reform Act
sets out provisions that facilitate the transfer by SEQWB of its undertaking
to a joint State/local Government owned company, provided that the officers
and employees of SEQWB will be offered employment with the company
as part of the transfer, on their existing or equivalent terms and conditions of
employment. The amendments to the Superannuation Act will permit
existing SEQWB employees to continue their membership of QSuper upon
the transfer of SEQWB.
2
Superannuation (State Public Sector)
Amendment (No. 2)
Way in which policy objective is to be achieved
The Bill provides for SEQWCo to be declared a unit of the State public
sector (however, this declaration operates only for the purpose of the
Superannuation Act and must not be taken to indicate that SEQWCo has the
status of a public sector entity for the purpose of any other Act); and
restricts membership to employees of SEQWCo who prior to the transfer
were employed by SEQWB and were members of QSuper.
The declaration of SEQWCo as a unit of the State public sector for the
purposes of superannuation is not intended to infer that this declaration has
effect for any other purpose (for example such as industrial relations
legislation).
Alternative ways of achieving objective
The Bill in no way requires SEQWB employees to continue their
membership of QSuper. Rather, employees will have a choice as to their
superannuation scheme membership.
Administrative Cost to Government of Implementation
It is not envisaged that the amendment to the Superannuation Act to
allow continued membership of QSuper for existing SEQWB employees
upon the transfer of SEQWB will have a cost impact on the schemes.
Consistency with Fundamental Legislative Principles
The Bill complies with fundamental legislative principles set out in
section 4 of the Legislative Standards Act 1992.
Consultation
Consultation has occurred with interested stakeholders including staff and
unions, SEQWB and SEQWCo.
3
Superannuation (State Public Sector)
Amendment (No. 2)
NOTES ON PROVISIONS
Short Title
Clause 1 specifies the short title of the Act.
Act Amended
Clause 2 provides for the amendment of the Superannuation (State
Public Sector) Act 1990.
Insertion of new pt 6
Clause 3 inserts a new Part into the Act in order to allow the existing
employees or officers of the South East Queensland Water Board
(SEQWB) to retain their membership of the State Public Sector
Superannuation Scheme (QSuper) upon the transfer of SEQWB and the
creation of South East Queensland Water Corporation Limited (SEQWCo).
PART 6--TRANSITIONAL PROVISION FOR SOUTH
EAST QUEENSLAND WATER BOARD (REFORM
FACLITATION) ACT 1999
SEQWCo may be declared to be a unit of the State public sector
Clause 33 amends the Superannuation (State Public Sector) Act 1990 to
provide for SEQWCo to be declared a unit of the State public sector; and to
restrict membership to employees of SEQWCo who prior to the transfer
were employed by SEQWB and were members of QSuper. The Clause
also provides that the declaration of SEQWCo as a unit of the State public
sector operates only for the purposes of this Act, that is for the purposes of
superannuation, and is not intended to infer that this declaration has effect
for any other purpose (for example such as industrial relations legislation).
© The State of Queensland 1999