{"id":"qld:act-1985-035","name":"Superannuation (Public Employees Portability) Act 1985","slug":"superannuation-public-employees-portability-act-1985","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"35 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104960,"registerId":"qld-act-1985-035-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Superannuation (Public Employees Portability) Act 1985 .\ns 1 sub 1995 No. 27 s 59","sortOrder":1},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 18 August 1995 RA s 36","sortOrder":2},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of terms","content":"### sec.4 Meaning of terms\n\nIn part 2 —\nactuary means the person appointed as actuary under the legislation or other rules relevant to a superannuation scheme and includes the person on whom the administrators of such a scheme rely for actuarial advice in respect of the scheme.\nadministrators means the person or persons authorised by the legislation or other rules relevant to an approved superannuation scheme or an eligible superannuation scheme to administer the scheme.\napproved superannuation scheme means any of the following superannuation schemes—\nthe scheme under the Superannuation (State Public Sector) Act 1990 ;\nany superannuation scheme established or participated in pursuant to authority conferred by a law of Queensland, established for the benefit of employees in public employment and declared by regulation to be an approved superannuation scheme for the purposes of this Act.\ns 4 def approved superannuation scheme amd 1990 No. 88 s 3 sch ; 1993 No. 11 s 41 (2) ; 2000 No. 52 s 48 sch ; 2007 No. 7 s 35 ; 2016 No. 64 s 79 sch 1\ncontributor means a person who contributes to a superannuation scheme or from whose salary deductions are made and paid to a superannuation scheme.\ncontributor’s component means that portion of a transfer value determined by the person who determined that value to be the portion financed from the contributions made to a superannuation scheme by a contributor and includes interest (if any) earned and determined or accepted by that person to be attributable to those contributions.\nelector means a person who has duly made an election referred to in section 6 (1) .\neligible officer means an employee in public employment who is contributing to an approved or eligible superannuation scheme.\ns 4 def eligible officer sub 1993 No. 11 s 41 (1) , (3)\neligible superannuation scheme means a superannuation scheme declared by the Minister under this Act to be an eligible superannuation scheme.\nfund means the fund or account consisting wholly or partly of contributions paid by contributors to an approved superannuation scheme.\nMinister ...\ns 4 def Minister om 1993 No. 11 s 41 (1)\npublic employment means employment on a full-time basis as an employee—\nin the Public Service of the Commonwealth or a prescribed State or Territory; or\nof a prescribed authority constituted by or under a law of the Commonwealth or a State or Territory; or\nof any other prescribed authority that discharges a public function;\nand includes service on a full-time basis in the Defence Force of the Commonwealth.\nrelict ...\ns 4 def relict om 2002 No. 74 s 90 sch\nsubsidy component means the difference between a transfer value and the contributor’s component of that transfer value.\ntransfer value means a lump sum that consists of a contributor’s component and a subsidy component payable by an approved superannuation scheme or an eligible superannuation scheme in respect of the entitlements under the scheme of a person at the time of the person ceasing to be a contributor to the scheme by reason of voluntary resignation from employment or by reason of being retrenched or by reason of ceasing to be a member of the Legislative Assembly.\nWithout limiting the definition public employment , paragraph (c) , a person or authority (whether corporate or unincorporate) may be treated as discharging a public function if—\nthe person or authority is financed for the purpose of discharging any function in whole or substantial part (whether directly or indirectly) by the Commonwealth or a State or Territory; or\nin the case of the person or authority being a corporation—the Commonwealth or a State or Territory has a controlling interest in the corporation.\ns 4 amd 1993 No. 11 s 41 (4)\n(sec.4-ssec.1) In part 2 — actuary means the person appointed as actuary under the legislation or other rules relevant to a superannuation scheme and includes the person on whom the administrators of such a scheme rely for actuarial advice in respect of the scheme. administrators means the person or persons authorised by the legislation or other rules relevant to an approved superannuation scheme or an eligible superannuation scheme to administer the scheme. approved superannuation scheme means any of the following superannuation schemes— the scheme under the Superannuation (State Public Sector) Act 1990 ; any superannuation scheme established or participated in pursuant to authority conferred by a law of Queensland, established for the benefit of employees in public employment and declared by regulation to be an approved superannuation scheme for the purposes of this Act. s 4 def approved superannuation scheme amd 1990 No. 88 s 3 sch ; 1993 No. 11 s 41 (2) ; 2000 No. 52 s 48 sch ; 2007 No. 7 s 35 ; 2016 No. 64 s 79 sch 1 contributor means a person who contributes to a superannuation scheme or from whose salary deductions are made and paid to a superannuation scheme. contributor’s component means that portion of a transfer value determined by the person who determined that value to be the portion financed from the contributions made to a superannuation scheme by a contributor and includes interest (if any) earned and determined or accepted by that person to be attributable to those contributions. elector means a person who has duly made an election referred to in section 6 (1) . eligible officer means an employee in public employment who is contributing to an approved or eligible superannuation scheme. s 4 def eligible officer sub 1993 No. 11 s 41 (1) , (3) eligible superannuation scheme means a superannuation scheme declared by the Minister under this Act to be an eligible superannuation scheme. fund means the fund or account consisting wholly or partly of contributions paid by contributors to an approved superannuation scheme. Minister ... s 4 def Minister om 1993 No. 11 s 41 (1) public employment means employment on a full-time basis as an employee— in the Public Service of the Commonwealth or a prescribed State or Territory; or of a prescribed authority constituted by or under a law of the Commonwealth or a State or Territory; or of any other prescribed authority that discharges a public function; and includes service on a full-time basis in the Defence Force of the Commonwealth. relict ... s 4 def relict om 2002 No. 74 s 90 sch subsidy component means the difference between a transfer value and the contributor’s component of that transfer value. transfer value means a lump sum that consists of a contributor’s component and a subsidy component payable by an approved superannuation scheme or an eligible superannuation scheme in respect of the entitlements under the scheme of a person at the time of the person ceasing to be a contributor to the scheme by reason of voluntary resignation from employment or by reason of being retrenched or by reason of ceasing to be a member of the Legislative Assembly.\n(sec.4-ssec.2) Without limiting the definition public employment , paragraph (c) , a person or authority (whether corporate or unincorporate) may be treated as discharging a public function if— the person or authority is financed for the purpose of discharging any function in whole or substantial part (whether directly or indirectly) by the Commonwealth or a State or Territory; or in the case of the person or authority being a corporation—the Commonwealth or a State or Territory has a controlling interest in the corporation.\n- (a) the scheme under the Superannuation (State Public Sector) Act 1990 ;\n- (b) any superannuation scheme established or participated in pursuant to authority conferred by a law of Queensland, established for the benefit of employees in public employment and declared by regulation to be an approved superannuation scheme for the purposes of this Act.\n- (a) in the Public Service of the Commonwealth or a prescribed State or Territory; or\n- (b) of a prescribed authority constituted by or under a law of the Commonwealth or a State or Territory; or\n- (c) of any other prescribed authority that discharges a public function;\n- (a) the person or authority is financed for the purpose of discharging any function in whole or substantial part (whether directly or indirectly) by the Commonwealth or a State or Territory; or\n- (b) in the case of the person or authority being a corporation—the Commonwealth or a State or Territory has a controlling interest in the corporation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Portability of entitlements","content":"# Portability of entitlements","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Approved superannuation schemes to be subject to this part","content":"### sec.5 Approved superannuation schemes to be subject to this part\n\nThe provisions of every approved superannuation scheme shall be read and construed subject to this part and as if those provisions provided for so much of the matters prescribed by sections 6 to 11 as are relevant to the scheme.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Election to forgo benefit other than that prescribed by this part","content":"### sec.6 Election to forgo benefit other than that prescribed by this part\n\nA person who—\nceases to be a contributor to an approved superannuation scheme by reason of—\nvoluntary resignation from employment; or\nbeing retrenched; or, as the case may be,\nceasing to be a member of the Legislative Assembly;\nand who within a period of 3 months after the person ceases to be a contributor again becomes an eligible officer; or\nbeing an eligible officer and being a contributor to the scheme under the Superannuation (State Public Sector) Act 1990 , ceases to be such a contributor;\nis, subject to this section, entitled to elect to forgo all the person’s entitlements under the scheme, other than the entitlement prescribed by this part, arising by reason of ceasing to be a contributor to the scheme.\nA person shall not be entitled to make an election referred to in subsection (1) if at the time of the occurrence of the event in relation to which the question of the person so electing arises the person has not attained the age of 20 years or, where some other age is prescribed by regulation in respect of the scheme concerned, that age.\nAn election referred to in subsection (1) —\nshall be made by notice in writing given to the administrators of the scheme concerned; and\nshall be made—\nin the case of a person described in subsection (1) (a) —within 3 months after the elector again becomes an eligible officer; or\nin the case of a person described in subsection (1) (b) —within 3 months after the elector ceases to be a contributor to the scheme concerned;\nif it is to have any force and effect.\ns 6 amd 1990 No. 88 s 3 sch ; 1993 No. 11 s 42 ; 2000 No. 52 s 48 sch ; 2016 No. 64 s 79 sch 1 ; 2021 No. 20 s 59 sch 1\n(sec.6-ssec.1) A person who— ceases to be a contributor to an approved superannuation scheme by reason of— voluntary resignation from employment; or being retrenched; or, as the case may be, ceasing to be a member of the Legislative Assembly; and who within a period of 3 months after the person ceases to be a contributor again becomes an eligible officer; or being an eligible officer and being a contributor to the scheme under the Superannuation (State Public Sector) Act 1990 , ceases to be such a contributor; is, subject to this section, entitled to elect to forgo all the person’s entitlements under the scheme, other than the entitlement prescribed by this part, arising by reason of ceasing to be a contributor to the scheme.\n(sec.6-ssec.2) A person shall not be entitled to make an election referred to in subsection (1) if at the time of the occurrence of the event in relation to which the question of the person so electing arises the person has not attained the age of 20 years or, where some other age is prescribed by regulation in respect of the scheme concerned, that age.\n(sec.6-ssec.3) An election referred to in subsection (1) — shall be made by notice in writing given to the administrators of the scheme concerned; and shall be made— in the case of a person described in subsection (1) (a) —within 3 months after the elector again becomes an eligible officer; or in the case of a person described in subsection (1) (b) —within 3 months after the elector ceases to be a contributor to the scheme concerned; if it is to have any force and effect.\n- (a) ceases to be a contributor to an approved superannuation scheme by reason of— (i) voluntary resignation from employment; or (ii) being retrenched; or, as the case may be, (iii) ceasing to be a member of the Legislative Assembly; and who within a period of 3 months after the person ceases to be a contributor again becomes an eligible officer; or\n- (i) voluntary resignation from employment; or\n- (ii) being retrenched; or, as the case may be,\n- (iii) ceasing to be a member of the Legislative Assembly;\n- (b) being an eligible officer and being a contributor to the scheme under the Superannuation (State Public Sector) Act 1990 , ceases to be such a contributor;\n- (i) voluntary resignation from employment; or\n- (ii) being retrenched; or, as the case may be,\n- (iii) ceasing to be a member of the Legislative Assembly;\n- (a) shall be made by notice in writing given to the administrators of the scheme concerned; and\n- (b) shall be made— (i) in the case of a person described in subsection (1) (a) —within 3 months after the elector again becomes an eligible officer; or (ii) in the case of a person described in subsection (1) (b) —within 3 months after the elector ceases to be a contributor to the scheme concerned;\n- (i) in the case of a person described in subsection (1) (a) —within 3 months after the elector again becomes an eligible officer; or\n- (ii) in the case of a person described in subsection (1) (b) —within 3 months after the elector ceases to be a contributor to the scheme concerned;\n- (i) in the case of a person described in subsection (1) (a) —within 3 months after the elector again becomes an eligible officer; or\n- (ii) in the case of a person described in subsection (1) (b) —within 3 months after the elector ceases to be a contributor to the scheme concerned;","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Payment of transfer value and advice as to contributor’s component","content":"### sec.7 Payment of transfer value and advice as to contributor’s component\n\nAs soon as practicable after receipt by them of a duly made election referred to in section 6 (1) the administrators of the approved superannuation scheme to which the election relates shall—\npay a transfer value from the fund administered by them to the administrators of the superannuation scheme to which the elector is a contributor; and\nadvise the administrators of the superannuation scheme to which the elector is a contributor of the amount of the transfer value that is the contributor’s component.\n- (a) pay a transfer value from the fund administered by them to the administrators of the superannuation scheme to which the elector is a contributor; and\n- (b) advise the administrators of the superannuation scheme to which the elector is a contributor of the amount of the transfer value that is the contributor’s component.","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Determination of transfer value and contributor’s component","content":"### sec.8 Determination of transfer value and contributor’s component\n\nThe actuary shall determine the amount of the transfer value to be paid from the fund of the approved superannuation scheme on account of the elector and, having regard to subsection (3) , shall make in respect thereof appropriate allowance for any transfer value received by the administrators of the approved superannuation scheme on account of the elector in respect of the elector becoming a contributor to the scheme and shall, having regard to subsection (2) , determine and declare in writing to the administrators of the approved superannuation scheme the amount of the transfer value that is the contributor’s component.\nIn no case shall the contributor’s component of a transfer value payable from fund of an approved superannuation scheme exceed the amount that the elector would have been entitled to receive under the scheme had the elector not made an election referred to in section 6 (1) .\nWhere the administrators of an approved superannuation scheme have received a transfer value that includes a subsidy component that has at any time, wholly or in part, been determined by or on behalf of the administrators of the superannuation scheme established under any of the following Acts of the Commonwealth—\nthe Superannuation Act 1922 ;\nthe Superannuation Act 1976 ;\nthe Defence Forces Retirement Benefits Act 1948 ;\nthe Defence Force Retirement and Death Benefits Act 1973 ;\nthe subsidy component (to the extent so determined) of that transfer value shall not be paid from the fund of the approved superannuation scheme pursuant to section 7 unless the superannuation scheme to which the elector has become a contributor is—\nan eligible superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119R for the purposes of that Act, part 10A , division 3 or under the Superannuation Act 1976 (Cwlth) , section 134 for the purposes of that Act, part 10A , division 3 ; or\nan approved superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119ZC (11) for the purposes of that Act, section 119ZC or under the Superannuation Act 1976 (Cwlth) , section 145 (11) for the purposes of that Act, section 145 ; or\nthe superannuation scheme established under the Superannuation Act 1976 (Cwlth) .\n(sec.8-ssec.1) The actuary shall determine the amount of the transfer value to be paid from the fund of the approved superannuation scheme on account of the elector and, having regard to subsection (3) , shall make in respect thereof appropriate allowance for any transfer value received by the administrators of the approved superannuation scheme on account of the elector in respect of the elector becoming a contributor to the scheme and shall, having regard to subsection (2) , determine and declare in writing to the administrators of the approved superannuation scheme the amount of the transfer value that is the contributor’s component.\n(sec.8-ssec.2) In no case shall the contributor’s component of a transfer value payable from fund of an approved superannuation scheme exceed the amount that the elector would have been entitled to receive under the scheme had the elector not made an election referred to in section 6 (1) .\n(sec.8-ssec.3) Where the administrators of an approved superannuation scheme have received a transfer value that includes a subsidy component that has at any time, wholly or in part, been determined by or on behalf of the administrators of the superannuation scheme established under any of the following Acts of the Commonwealth— the Superannuation Act 1922 ; the Superannuation Act 1976 ; the Defence Forces Retirement Benefits Act 1948 ; the Defence Force Retirement and Death Benefits Act 1973 ; the subsidy component (to the extent so determined) of that transfer value shall not be paid from the fund of the approved superannuation scheme pursuant to section 7 unless the superannuation scheme to which the elector has become a contributor is— an eligible superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119R for the purposes of that Act, part 10A , division 3 or under the Superannuation Act 1976 (Cwlth) , section 134 for the purposes of that Act, part 10A , division 3 ; or an approved superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119ZC (11) for the purposes of that Act, section 119ZC or under the Superannuation Act 1976 (Cwlth) , section 145 (11) for the purposes of that Act, section 145 ; or the superannuation scheme established under the Superannuation Act 1976 (Cwlth) .\n- (a) the Superannuation Act 1922 ;\n- (b) the Superannuation Act 1976 ;\n- (c) the Defence Forces Retirement Benefits Act 1948 ;\n- (d) the Defence Force Retirement and Death Benefits Act 1973 ;\n- (e) an eligible superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119R for the purposes of that Act, part 10A , division 3 or under the Superannuation Act 1976 (Cwlth) , section 134 for the purposes of that Act, part 10A , division 3 ; or\n- (f) an approved superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119ZC (11) for the purposes of that Act, section 119ZC or under the Superannuation Act 1976 (Cwlth) , section 145 (11) for the purposes of that Act, section 145 ; or\n- (g) the superannuation scheme established under the Superannuation Act 1976 (Cwlth) .","sortOrder":8},{"sectionNumber":"sec.9","sectionType":"section","heading":"Payment by the Crown","content":"### sec.9 Payment by the Crown\n\nWhere a transfer value is paid in respect of an eligible officer who was contributing to the State Public Sector Superannuation Fund, the Treasurer shall pay such portion of that transfer value as is determined by the actuary to be the subsidy component of that transfer value and to be the liability of the Crown.\ns 9 sub 1991 No. 11 s 9 0.2\namd 2007 No. 7 s 36","sortOrder":9},{"sectionNumber":"sec.10","sectionType":"section","heading":"Receipt and application of transfer values","content":"### sec.10 Receipt and application of transfer values\n\nThe administrators of an approved superannuation scheme shall place to the credit of the fund administered by them every transfer value received by them and thereupon that fund shall become and be liable, to the exclusion of every other fund, in respect of all benefits under the approved superannuation scheme of which it is the fund derived by reason of the payment and receipt of the transfer value.\nSubject to subsections (3) and (4) , every transfer value credited to the fund of an approved superannuation scheme shall be so regarded and applied as—\nto increase the benefits or rates of benefits that would have been payable under the scheme in respect of the elector on whose account the transfer value was paid had the transfer value not been paid; or\nto vary the method of determining the benefits or rates of benefits payable in respect of the elector on whose account the transfer value was paid so as to increase the benefits or rates of benefits as specified in paragraph (a) ;\nas is determined by the administrators of the approved superannuation scheme after consultation with the actuary.\nThe total benefits or rates of benefits payable in respect of the elector on whose account the transfer value was paid shall not exceed the maximum benefits or rates of benefits payable to other contributors to the approved superannuation scheme in accordance with the scheme’s provisions.\nWhere a transfer value has been credited to the fund established and kept under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act—\nthe amount of the transfer value shall not be taken into account for the purpose of assessing sums payable into the fund by the Treasurer; and\nthe transfer value shall not be so regarded or applied as to increase the benefits or vary the method of determining the benefits payable to a member who ceases to be a member of the Legislative Assembly before attaining the age of 60 years except where—\nthe member ceases to be a member by reason of death; or\nthe member ceases to be a member by reason of ill health and has a pension entitlement under that Act.\ns 10 amd 2007 No. 7 s 37 ; 2016 No. 64 s 79 sch 1\n(sec.10-ssec.1) The administrators of an approved superannuation scheme shall place to the credit of the fund administered by them every transfer value received by them and thereupon that fund shall become and be liable, to the exclusion of every other fund, in respect of all benefits under the approved superannuation scheme of which it is the fund derived by reason of the payment and receipt of the transfer value.\n(sec.10-ssec.2) Subject to subsections (3) and (4) , every transfer value credited to the fund of an approved superannuation scheme shall be so regarded and applied as— to increase the benefits or rates of benefits that would have been payable under the scheme in respect of the elector on whose account the transfer value was paid had the transfer value not been paid; or to vary the method of determining the benefits or rates of benefits payable in respect of the elector on whose account the transfer value was paid so as to increase the benefits or rates of benefits as specified in paragraph (a) ; as is determined by the administrators of the approved superannuation scheme after consultation with the actuary.\n(sec.10-ssec.3) The total benefits or rates of benefits payable in respect of the elector on whose account the transfer value was paid shall not exceed the maximum benefits or rates of benefits payable to other contributors to the approved superannuation scheme in accordance with the scheme’s provisions.\n(sec.10-ssec.4) Where a transfer value has been credited to the fund established and kept under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act— the amount of the transfer value shall not be taken into account for the purpose of assessing sums payable into the fund by the Treasurer; and the transfer value shall not be so regarded or applied as to increase the benefits or vary the method of determining the benefits payable to a member who ceases to be a member of the Legislative Assembly before attaining the age of 60 years except where— the member ceases to be a member by reason of death; or the member ceases to be a member by reason of ill health and has a pension entitlement under that Act.\n- (a) to increase the benefits or rates of benefits that would have been payable under the scheme in respect of the elector on whose account the transfer value was paid had the transfer value not been paid; or\n- (b) to vary the method of determining the benefits or rates of benefits payable in respect of the elector on whose account the transfer value was paid so as to increase the benefits or rates of benefits as specified in paragraph (a) ;\n- (a) the amount of the transfer value shall not be taken into account for the purpose of assessing sums payable into the fund by the Treasurer; and\n- (b) the transfer value shall not be so regarded or applied as to increase the benefits or vary the method of determining the benefits payable to a member who ceases to be a member of the Legislative Assembly before attaining the age of 60 years except where— (i) the member ceases to be a member by reason of death; or (ii) the member ceases to be a member by reason of ill health and has a pension entitlement under that Act.\n- (i) the member ceases to be a member by reason of death; or\n- (ii) the member ceases to be a member by reason of ill health and has a pension entitlement under that Act.\n- (i) the member ceases to be a member by reason of death; or\n- (ii) the member ceases to be a member by reason of ill health and has a pension entitlement under that Act.","sortOrder":10},{"sectionNumber":"sec.11","sectionType":"section","heading":"Disposal of transfer values otherwise than in payment of benefits","content":"### sec.11 Disposal of transfer values otherwise than in payment of benefits\n\nWhere a person, being an elector on whose account a transfer value has been paid to the administrators of an approved superannuation scheme—\nhas ceased to contribute to that scheme by reason of ceasing employment or, as the case may be, ceasing to be a member of the Legislative Assembly; and\nhas not thereupon again become an elector;\nand the transfer value has not been so regarded and applied as to increase the benefits or rates of benefits as prescribed by section 10 , there shall be paid to that person out of the fund of that approved superannuation scheme an amount determined by the actuary and approved by the administrators of the fund, having regard to the amount of benefit entitlement that would have been payable to that person by reason of ceasing to be a contributor to the approved superannuation scheme in which the person has elected under this part to forgo his or her entitlement or the eligible superannuation scheme in which the person has, under an authorisation other than this part, forgone his or her entitlement, if the person had not so elected or had not forgone his or her entitlement, as the case may be, and the transfer value had not been paid to the administrators aforesaid.\n- (a) has ceased to contribute to that scheme by reason of ceasing employment or, as the case may be, ceasing to be a member of the Legislative Assembly; and\n- (b) has not thereupon again become an elector;","sortOrder":11},{"sectionNumber":"sec.12","sectionType":"section","heading":"Declaration of eligible superannuation schemes","content":"### sec.12 Declaration of eligible superannuation schemes\n\nThe Minister may, by written notice, declare a superannuation scheme that is established for the benefit of employees in public employment and that is not an approved superannuation scheme to be an eligible superannuation scheme if the scheme provides for or its provisions are to be read and construed as providing for—\nthe acceptance by the person or persons who administer the scheme of a transfer value upon the entry into the scheme of a contributor to the scheme and the application of that transfer value to purchase on behalf of the contributor benefits of a class of benefit available to all other contributors to the scheme; and\nthe restriction of benefits that may be purchased with the subsidy component of a transfer value to benefits that are payable only in the event of the contributor’s ceasing to contribute to the scheme by reason of having retired upon attaining an age or a time for retirement under the scheme, retrenchment, ill health or death; and\nin relation to a contributor to the scheme who voluntarily resigns employment—\nthe payment to another approved or eligible superannuation scheme of a transfer value; or\nthe maintenance within the scheme of a deferred benefit (subsidised by the person or authority that was the employer of the contributor before the contributor’s resignation) in relation to the contributor’s entitlements under the scheme.\nA notice under subsection (1) is subordinate legislation.\ns 12 amd 1993 No. 11 s 43\n(sec.12-ssec.1) The Minister may, by written notice, declare a superannuation scheme that is established for the benefit of employees in public employment and that is not an approved superannuation scheme to be an eligible superannuation scheme if the scheme provides for or its provisions are to be read and construed as providing for— the acceptance by the person or persons who administer the scheme of a transfer value upon the entry into the scheme of a contributor to the scheme and the application of that transfer value to purchase on behalf of the contributor benefits of a class of benefit available to all other contributors to the scheme; and the restriction of benefits that may be purchased with the subsidy component of a transfer value to benefits that are payable only in the event of the contributor’s ceasing to contribute to the scheme by reason of having retired upon attaining an age or a time for retirement under the scheme, retrenchment, ill health or death; and in relation to a contributor to the scheme who voluntarily resigns employment— the payment to another approved or eligible superannuation scheme of a transfer value; or the maintenance within the scheme of a deferred benefit (subsidised by the person or authority that was the employer of the contributor before the contributor’s resignation) in relation to the contributor’s entitlements under the scheme.\n(sec.12-ssec.2) A notice under subsection (1) is subordinate legislation.\n- (a) the acceptance by the person or persons who administer the scheme of a transfer value upon the entry into the scheme of a contributor to the scheme and the application of that transfer value to purchase on behalf of the contributor benefits of a class of benefit available to all other contributors to the scheme; and\n- (b) the restriction of benefits that may be purchased with the subsidy component of a transfer value to benefits that are payable only in the event of the contributor’s ceasing to contribute to the scheme by reason of having retired upon attaining an age or a time for retirement under the scheme, retrenchment, ill health or death; and\n- (c) in relation to a contributor to the scheme who voluntarily resigns employment— (i) the payment to another approved or eligible superannuation scheme of a transfer value; or (ii) the maintenance within the scheme of a deferred benefit (subsidised by the person or authority that was the employer of the contributor before the contributor’s resignation) in relation to the contributor’s entitlements under the scheme.\n- (i) the payment to another approved or eligible superannuation scheme of a transfer value; or\n- (ii) the maintenance within the scheme of a deferred benefit (subsidised by the person or authority that was the employer of the contributor before the contributor’s resignation) in relation to the contributor’s entitlements under the scheme.\n- (i) the payment to another approved or eligible superannuation scheme of a transfer value; or\n- (ii) the maintenance within the scheme of a deferred benefit (subsidised by the person or authority that was the employer of the contributor before the contributor’s resignation) in relation to the contributor’s entitlements under the scheme.","sortOrder":12},{"sectionNumber":"sec.13","sectionType":"section","heading":"Regulations","content":"### sec.13 Regulations\n\nThe Governor in Council may make regulations under this Act.\ns 13 sub 1993 No. 11 s 44\namd 1995 No. 58 s 4 sch 1","sortOrder":13},{"sectionNumber":"sec.13A","sectionType":"section","heading":null,"content":"### Section sec.13A\n\ns 13A ins 1993 No. 11 s 44\nom 1995 No. 58 s 4 sch 1","sortOrder":14}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1985 Act was focused on portability between Queensland public sector schemes. Through successive amendments (1990, 1993, 2000, 2007, 2016, 2021), the scope was progressively adjusted to reflect the consolidation of Queensland public sector super into the Superannuation (State Public Sector) Act 1990 scheme, the removal of certain definitions (Minister, relict), and updates to reflect changes in how parliamentary members' entitlements are treated. The core portability mechanism remained intact, but the specific schemes covered and the legislative cross-references evolved significantly."},"complexity_factors":["Multiple interlocking defined terms (transfer value, contributor's component, subsidy component, approved/eligible superannuation schemes) that depend on each other","Cross-references to numerous other Acts — both Queensland and Commonwealth — including now-superseded legislation (Superannuation Act 1922, Defence Forces Retirement Benefits Act 1948)","The subsidy component restriction in section 8(3) creates a complex conditional rule requiring knowledge of Commonwealth super scheme classifications","Two distinct pathways for making an election (s.6(1)(a) and (b)) with different trigger events and time limits","Actuarial determinations required at multiple points, making the practical outcome difficult to calculate without specialist knowledge","Special carve-outs for former members of the Legislative Assembly with additional age-based restrictions (section 10(4))","The law has been amended multiple times since 1985, creating interpretive complexity around what provisions remain operative","Interaction between Queensland-specific schemes and Commonwealth schemes adds a federal dimension to an already technical area"],"plain_english_summary":"## What This Law Does\n\nThis Queensland law allows public sector workers to **take their superannuation (retirement savings) with them** when they move between government jobs — rather than losing the employer-contributed portion of their super when they change roles.\n\n## Who Does This Affect?\n\nThis law affects **public sector employees** — people working for Queensland government agencies, Commonwealth government departments, the Defence Force, and certain government-owned bodies. It covers people who:\n- **Resign voluntarily** from a government job\n- Are **retrenched** (made redundant)\n- **Leave parliament** (cease being a member of the Legislative Assembly)\n\n## What Problem Does It Solve?\n\nBefore portability laws like this, if you left a government job, you might only get back *your own contributions* to your super — the government's matching contributions (the \"employer top-up\") could be forfeited. This law lets you **transfer the whole pot** — your contributions *plus* the government's contributions — to your new superannuation fund when you move to another public sector job.\n\n## How Does It Work?\n\n1. **You leave** a qualifying government super scheme (by resignation, retrenchment, or leaving parliament)\n2. **Within 3 months**, you start a new public sector job and join another qualifying super fund\n3. **You formally elect** (choose in writing, within 3 months of starting the new job) to give up your old entitlements in exchange for a \"transfer value\" (a lump sum payment)\n4. **Your old fund pays** that lump sum directly to your new fund\n5. **Your new fund uses** that money to boost your benefits there\n\n## Key Rules and Limits\n\n- You must be **at least 20 years old** to make this election (unless regulations say otherwise for your scheme)\n- The **government's portion** (called the \"subsidy component\") that came from Commonwealth military/defence super schemes can only be transferred to specific approved schemes — not just any fund\n- Your total benefits at the new fund **cannot exceed** the maximum benefits available to other members of that fund\n- If you **leave again** without triggering another transfer, you get back an amount calculated by an actuary (a financial specialist who calculates retirement fund values) based on what you would have been entitled to\n\n## Why Does It Matter?\n\nWithout this law, public sector workers who moved between government jobs risked losing significant retirement savings. This law protects workers' **accumulated super entitlements** and encourages mobility within the public sector workforce."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.4 (definition of 'contributor's component') and sec.4 (definition of 'transfer value')","severity":"high","reasoning":"The definition of 'contributor's component' requires the reader to know what a 'transfer value' is, while the definition of 'transfer value' requires the reader to know what a 'contributor's component' is. Similarly, 'subsidy component' is defined as the difference between a 'transfer value' and the 'contributor's component', completing a tightly circular trio. No definition can be independently understood without the others, and since 'transfer value' is defined as consisting of the two components, determining the components requires knowing the transfer value first, which is itself defined in terms of the components.","confidence":0.85,"description":"Circular definition: 'contributor's component' is defined as a portion of a 'transfer value', while 'transfer value' is defined as a lump sum consisting of a 'contributor's component' and a 'subsidy component'. Each definition relies on the other to be meaningful."},{"type":"circular_definition","section":"sec.4 (definition of 'subsidy component')","severity":"low","reasoning":"If transfer value = contributor's component + subsidy component (by definition), then subsidy component = transfer value - contributor's component is a purely algebraic restatement of the same equation. The definition conveys no independent meaning and is entirely derivative of the circular cluster of the three definitions.","confidence":0.8,"description":"The 'subsidy component' is defined purely mathematically as the difference between a 'transfer value' and the 'contributor's component'. Since 'transfer value' is itself defined as consisting of these two components, this definition is tautological — subsidy component = transfer value minus contributor's component, where transfer value = contributor's component + subsidy component. It adds no independent information."},{"type":"circular_definition","section":"sec.6(1)(a) and sec.4 (definition of 'elector')","severity":"low","reasoning":"The Act uses the term 'elector' in ss.7, 8, 10 and 11 to describe a person for whom transfer values are processed. However, a person only becomes an 'elector' once they have validly made an election. The validity of the election depends on preconditions in s.6, including the 3-month window. This creates a mild definitional timing issue where the person's status as 'elector' crystallises at election, but the operative provisions (e.g. s.7's obligation on administrators) apply from that point, which is workable but slightly awkward.","confidence":0.55,"description":"Temporal circularity in the definition of 'elector': an 'elector' is defined as a person who has made an election under s.6(1), but the right to make an election under s.6(1)(a) requires the person to 'again become an eligible officer' within 3 months — a condition that must be satisfied before the election is made, meaning the person cannot be an 'elector' until after they have already satisfied the qualifying conditions. The definition thus presupposes the outcome it is meant to describe."},{"type":"impossible_compliance","section":"sec.6(2)","severity":"medium","reasoning":"If a person under 20 resigns, is retrenched, or loses Legislative Assembly membership, the 3-month election window in s.6(3) runs regardless. If they are under 20 during that entire 3-month window, they cannot elect. Once they turn 20, the window may well have closed (or they may never again become an eligible officer within 3 months). The Act provides no extension of the election window for persons who were under 20 during the relevant period, meaning a young contributor may permanently lose portability rights they could never lawfully have exercised.","confidence":0.82,"description":"A person under 20 years of age is ineligible to make an election to protect their superannuation portability rights, yet there is no corresponding bar on persons under 20 being contributors or eligible officers. This creates a class of eligible officers who have portability entitlements in principle but are legally barred from exercising them during the same period they are accruing benefits, with no apparent mechanism for retrospective exercise once they turn 20."},{"type":"impossible_compliance","section":"sec.8(3)","severity":"medium","reasoning":"The Commonwealth superannuation schemes referenced in s.8(3) were closed to new entrants in 1990 (CSS) and 2005 (PSS closed to new entrants from 1 July 2005 under PSSAP). The referenced sections of the 1922 and 1976 Acts were themselves subsequently repealed or superseded. While historical transfer values involving subsidy components determined under those Acts could theoretically still be in existence and being transferred, the operative conditions in s.8(3)(a)-(c) for permitting payment of the subsidy component reference scheme structures and section numbers that no longer exist, creating impossible compliance conditions.","confidence":0.75,"description":"Section 8(3) references specific Commonwealth Acts (Superannuation Act 1922, Superannuation Act 1976, Defence Forces Retirement Benefits Act 1948, Defence Force Retirement and Death Benefits Act 1973) and specific sections within them (e.g. s.119R, s.119ZC, s.134, s.145). All of these Commonwealth Acts have been repealed and closed to new members for decades. Any subsidy components determined under those repealed Acts cannot produce new transfer values under those schemes, rendering the restriction in s.8(3) practically inoperable in any prospective sense."},{"type":"impossible_compliance","section":"sec.10(4)","severity":"high","reasoning":"The Act itself acknowledges that s.32A of the Superannuation (State Public Sector) Act 1990 has been repealed (by using the word 'repealed'), yet continues to use its definition of 'transferring member' as the operative criterion for s.10(4)'s application. There is no saving provision or alternative definition provided. Administrators seeking to apply s.10(4) must interpret a definition that has no current legislative force, creating genuine legal uncertainty about the class of persons affected.","confidence":0.88,"description":"Section 10(4) references 'repealed section 32A' of the Superannuation (State Public Sector) Act 1990 and the concept of a 'transferring member within the meaning of' that repealed section. Once a section is repealed, its definitions are no longer operative law. Relying on a repealed provision to define the class of persons to whom s.10(4) applies creates an impossible compliance scenario — administrators cannot determine who falls within the class without reference to law that no longer exists."},{"type":"self_contradicting","section":"sec.11","severity":"medium","reasoning":"The election under s.6 constitutes a forgoing of 'all the person's entitlements under the scheme, other than the entitlement prescribed by this part'. Section 11 then requires the actuary to determine a payment by reference to what the person would have received had they not made that election. While the purpose is to provide a fallback payment, the Act does not adequately explain the legal basis for this entitlement given that the election forecloses the very comparator the actuary must use. It also does not address whether this s.11 payment is itself within or outside the 'entitlement prescribed by this part'.","confidence":0.7,"description":"Section 11 requires payment to a person out of the fund of an approved superannuation scheme of an amount determined with reference to benefits the person 'would have been entitled to' had they not made their election and had the transfer value not been paid — but having made the election under s.6, the person has specifically forgone those very entitlements. The actuary is thus required to compute a hypothetical benefit entitlement under a scheme from which the elector has already irrevocably elected to receive nothing, creating a conceptually paradoxical calculation basis."},{"type":"other","section":"sec.4 (definition of 'public employment') and sec.4(2)","severity":"low","reasoning":"The full-time requirement is a strict bright-line rule that sits uneasily with the broad functional test in s.4(2). A part-time employee of a 100% government-owned corporation is excluded; a full-time employee of a body that receives only 'substantial' (not majority) government funding may be included. The policy rationale for the full-time requirement is not apparent and produces anomalous outcomes at the margins.","confidence":0.65,"description":"The definition of 'public employment' in s.4 requires employment to be on a 'full-time basis', but s.4(2) extends the concept of discharging a public function to any person or authority substantially financed by government or in which government has a controlling interest. This creates a situation where part-time employees of heavily government-funded bodies are excluded from 'public employment' despite working for entities that are functionally public bodies, while full-time employees of minimally government-funded entities may qualify."}],"contradictions":[{"severity":"low","section_a":"sec.6(1)(a) (3-month window to become eligible officer triggers right to elect)","section_b":"sec.6(3)(b)(i) (3-month window to make election runs from when elector again becomes eligible officer)","confidence":0.72,"description":"Section 6(1)(a) requires that the person 'again becomes an eligible officer' within 3 months of ceasing to be a contributor as a precondition for the right to elect. Section 6(3)(b)(i) then gives the person 3 months from when they again become an eligible officer to make the election. The term 'elector' in s.6(3)(b)(i) presupposes the election has already been made (per the s.4 definition), yet the subsection is setting the deadline for making that very election — creating a logical paradox in the use of the defined term."},{"severity":"medium","section_a":"sec.8(2) (contributor's component not to exceed what elector would have received without election)","section_b":"sec.10(2) (transfer value to be applied to increase benefits beyond what would have been payable without transfer value)","confidence":0.68,"description":"Section 8(2) caps the contributor's component at what the elector would have received had they not elected (i.e. it cannot exceed pre-election entitlements). Section 10(2) requires the transfer value to be applied to increase benefits beyond what would have been payable without the transfer value. These provisions pull in opposite directions: s.8(2) anchors the contributor's component to pre-election entitlements as a ceiling, while s.10(2) requires the receiving scheme to use the transfer value to increase benefits above that baseline — yet those increased benefits are sourced partly from a component that is capped by reference to the original scheme's entitlements."},{"severity":"medium","section_a":"sec.6(1) (election to forgo 'all' entitlements under the scheme other than that prescribed by this part)","section_b":"sec.11 (payment from the fund of the approved superannuation scheme on account of elector who has left without benefits being applied)","confidence":0.73,"description":"Section 6(1) states the elector foregos 'all' entitlements under the approved scheme other than those prescribed by Part 2. Section 11 then provides a separate entitlement to payment from the same fund in circumstances where the transfer value has not been applied. It is unclear whether the s.11 payment is an entitlement 'prescribed by this part' (which would be consistent with s.6(1)) or a residual entitlement that exists independently. If it is the former, s.11 is the sole surviving entitlement; if the latter, it contradicts the 'all entitlements forgone' language of s.6(1)."},{"severity":"medium","section_a":"sec.10(3) (benefits not to exceed maximum payable to other contributors under the scheme)","section_b":"sec.10(2) (transfer value to increase benefits beyond what would otherwise have been payable)","confidence":0.78,"description":"Section 10(2) mandates that the transfer value be applied to increase the elector's benefits above what they would otherwise have received. Section 10(3) then caps those increased benefits at the maximum payable to other contributors. In a scheme where the elector's base entitlement is already at or near the maximum (e.g. a long-serving senior employee), the transfer value must be applied to increase benefits (s.10(2)) but cannot result in any increase because the cap has already been reached (s.10(3)). The mandatory obligation to apply the transfer value to increase benefits becomes impossible to fulfil within the statutory cap."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1985 scope through amendments. Originally focused on basic portability between Queensland public sector schemes, it now incorporates: (1) complex interactions with multiple Commonwealth superannuation Acts (1922, 1976, DFRB, DFRDB), (2) specific rules for Legislative Assembly members added later, (3) the 1990 restructure referencing the Superannuation (State Public Sector) Act 1990, and (4) detailed restrictions on subsidy component transfers that create a web of conditional eligibility. The removal of the Minister definition and 'relict' definition, plus the addition of specific age and timing requirements, show the scheme has become more prescriptive and conditional over time."},"complexity_factors":["Multiple defined terms (12+ definitions in section 4) including nested definitions like 'transfer value' depending on 'contributor's component' and 'subsidy component'","Extensive cross-referencing to other Acts including Superannuation (State Public Sector) Act 1990, Commonwealth Superannuation Acts (1922, 1976), Defence Forces Retirement Benefits Acts","Conditional logic with multiple triggers: voluntary resignation, retrenchment, or ceasing to be a Legislative Assembly member","Time-bound requirements (3-month election windows) with different triggers for different categories of employees","Complex exception in section 8(3) restricting payment of subsidy components from Commonwealth schemes unless moving to specific eligible schemes","Age restrictions (minimum age 20, or prescribed age) for making elections","Special rules for Legislative Assembly members in section 10(4) regarding benefits before age 60","Ministerial declaration power for 'eligible superannuation schemes' creating a two-tier system (approved vs eligible schemes)","Actuarial determinations required for calculations, introducing professional judgment dependencies","Historical amendment trail visible in text (sections omitted, substituted, amended) indicating evolutionary complexity"],"plain_english_summary":"This Queensland law lets public sector workers move their superannuation (retirement savings) between different government jobs without losing their benefits.\n\n**What it does:**\n- **Portable superannuation**: If you leave one public sector job for another (Commonwealth, State, or Territory government), you can transfer your accumulated super benefits to your new employer's scheme instead of cashing them out.\n- **Transfer value**: When you move, your old scheme pays a 'transfer value' (a lump sum) to your new scheme. This has two parts:\n  - **Contributor's component**: The money you personally put in, plus interest\n  - **Subsidy component**: The extra money your employer contributed (paid by the government/Treasurer for Queensland public servants)\n\n**Who it affects:**\n- Public employees in Queensland (and other jurisdictions) who contribute to approved superannuation schemes\n- Specifically covers the State Public Sector Superannuation scheme and other schemes declared by regulation\n- Includes Commonwealth Public Service, Defence Force members, and other prescribed public authorities\n\n**How it works:**\n1. You resign, are retrenched, or leave the Legislative Assembly\n2. Within 3 months, you start another eligible public sector job\n3. You elect in writing to transfer your benefits rather than take a payout\n4. The actuary calculates your transfer value\n5. The money moves to your new scheme and boosts your retirement benefits there\n\n**Why it matters:**\nBefore this law, changing government jobs often meant losing employer contributions or facing penalties. This protects public servants' retirement savings when they move between government employers, encouraging mobility in the public sector without financial penalty."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-public-employees-portability-act-1985","history":"/api/acts/superannuation-public-employees-portability-act-1985/history","analysis":"/api/acts/superannuation-public-employees-portability-act-1985/analysis","conflicts":"/api/acts/superannuation-public-employees-portability-act-1985/conflicts","importantCases":"/api/acts/superannuation-public-employees-portability-act-1985/important-cases","documents":"/api/acts/superannuation-public-employees-portability-act-1985/documents"}}