{"id":"qld:sl-2021-0137","name":"Superannuation (State Public Sector) Notice 2021","slug":"superannuation-state-public-sector-notice-2021","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"137 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173910,"registerId":"qld-sl-2021-0137-current","compilationNumber":null,"startDate":"2026-04-05","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 notice may be cited as the Superannuation (State Public Sector) Notice 2021 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis notice commences on 1 September 2021.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this notice.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"References to categories and arrangements","content":"### sec.4 References to categories and arrangements\n\nA reference in this notice to a category is a reference to the membership category of that name established under the deed.\nA reference in this notice to an arrangement is a reference to the membership arrangement of that name established under this notice.\nFor a State public sector employee who is subject to a membership arrangement, the Superannuation (State Public Sector) Regulation 2023 , schedule 1 , part 2 prescribes the compulsory contributions by employers and employees.\ns 4 amd 2023 SL No. 47 s 25\n(sec.4-ssec.1) A reference in this notice to a category is a reference to the membership category of that name established under the deed.\n(sec.4-ssec.2) A reference in this notice to an arrangement is a reference to the membership arrangement of that name established under this notice. For a State public sector employee who is subject to a membership arrangement, the Superannuation (State Public Sector) Regulation 2023 , schedule 1 , part 2 prescribes the compulsory contributions by employers and employees.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Declaration of units of the State public sector— Act , s 4","content":"### sec.5 Declaration of units of the State public sector— Act , s 4\n\nFor section 4 (1) of the Act , each of the entities mentioned in schedule 1 is declared to be a unit of the State public sector.\nHowever, an entity mentioned in schedule 1 , part 2 is a unit of the State public sector only in relation to the membership of the scheme of employees stated in schedule 2 , part 2 , column 2 for the entity.\ns 5 amd 2022 SL No. 8 s 4 ; 2023 SL No. 47 s 26\n(sec.5-ssec.1) For section 4 (1) of the Act , each of the entities mentioned in schedule 1 is declared to be a unit of the State public sector.\n(sec.5-ssec.2) However, an entity mentioned in schedule 1 , part 2 is a unit of the State public sector only in relation to the membership of the scheme of employees stated in schedule 2 , part 2 , column 2 for the entity.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Membership by particular employees of particular units of the State public sector","content":"# Membership by particular employees of particular units of the State public sector","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General matters","content":"## General matters","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Purpose of part","content":"### sec.6 Purpose of part\n\nThis part declares matters relating to membership of the scheme by particular employees of particular units of the State public sector.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Declaration of core government employees— Act , s 17","content":"### sec.7 Declaration of core government employees— Act , s 17\n\nFor section 17 (1) of the Act , an employee of a unit of the State public sector mentioned in schedule 2 , part 1 , column 1 is a core government employee if—\nthe employee is employed or appointed under any of the following—\nthe Ambulance Service Act 1991\nthe District Court of Queensland Act 1967\nthe Fire Services Act 1990\nthe Hospital and Health Boards Act 2011\nthe Industrial Relations Act 2016\nthe Land Court Act 2000\nthe Magistrates Act 1991\nthe Parliament of Queensland Act 2001\nthe Parliamentary Service Act 1988\nthe Police Service Administration Act 1990\nthe Public Sector Act 2022 , chapter 4 or 5\nthe Solicitor-General Act 1985\nthe Supreme Court of Queensland Act 1991 ; and\nthe employee is mentioned in schedule 2 , part 1 , column 2 for the unit.\ns 7 amd 2022 SL No. 8 s 5 ; 2023 SL No. 19 s 4 ; 2023 SL No. 46 s 27 ; 2024 Act No. 22   s 92 sch 1\n- (a) the employee is employed or appointed under any of the following— • the Ambulance Service Act 1991 • the District Court of Queensland Act 1967 • the Fire Services Act 1990 • the Hospital and Health Boards Act 2011 • the Industrial Relations Act 2016 • the Land Court Act 2000 • the Magistrates Act 1991 • the Parliament of Queensland Act 2001 • the Parliamentary Service Act 1988 • the Police Service Administration Act 1990 • the Public Sector Act 2022 , chapter 4 or 5 • the Solicitor-General Act 1985 • the Supreme Court of Queensland Act 1991 ; and\n- • the Ambulance Service Act 1991\n- • the District Court of Queensland Act 1967\n- • the Fire Services Act 1990\n- • the Hospital and Health Boards Act 2011\n- • the Industrial Relations Act 2016\n- • the Land Court Act 2000\n- • the Magistrates Act 1991\n- • the Parliament of Queensland Act 2001\n- • the Parliamentary Service Act 1988\n- • the Police Service Administration Act 1990\n- • the Public Sector Act 2022 , chapter 4 or 5\n- • the Solicitor-General Act 1985\n- • the Supreme Court of Queensland Act 1991 ; and\n- (b) the employee is mentioned in schedule 2 , part 1 , column 2 for the unit.\n- • the Ambulance Service Act 1991\n- • the District Court of Queensland Act 1967\n- • the Fire Services Act 1990\n- • the Hospital and Health Boards Act 2011\n- • the Industrial Relations Act 2016\n- • the Land Court Act 2000\n- • the Magistrates Act 1991\n- • the Parliament of Queensland Act 2001\n- • the Parliamentary Service Act 1988\n- • the Police Service Administration Act 1990\n- • the Public Sector Act 2022 , chapter 4 or 5\n- • the Solicitor-General Act 1985\n- • the Supreme Court of Queensland Act 1991 ; and","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"General membership matters","content":"### sec.8 General membership matters\n\nThis section applies to employees of a unit of the State public sector mentioned in schedule 2 , part 1 or 2 , column 1 who are mentioned in column 2 for the unit.\nSchedule 2 states the following for the employees—\nthe membership category or categories for which the employee is eligible;\nThe deed provides for the membership category to which an employee belongs on becoming a member of the scheme.\nany conditions applying to the employee’s membership of the scheme;\nfor an employee other than a core government employee—whether the employee’s membership of the scheme is compulsory.\nFor a core government employee, see part 4 , division 1 of the Act .\ns 8 amd 2022 SL No. 8 s 6 ; 2023 SL No. 47 s 28\n(sec.8-ssec.1) This section applies to employees of a unit of the State public sector mentioned in schedule 2 , part 1 or 2 , column 1 who are mentioned in column 2 for the unit.\n(sec.8-ssec.2) Schedule 2 states the following for the employees— the membership category or categories for which the employee is eligible; The deed provides for the membership category to which an employee belongs on becoming a member of the scheme. any conditions applying to the employee’s membership of the scheme; for an employee other than a core government employee—whether the employee’s membership of the scheme is compulsory. For a core government employee, see part 4 , division 1 of the Act .\n- (a) the membership category or categories for which the employee is eligible; Note— The deed provides for the membership category to which an employee belongs on becoming a member of the scheme.\n- (b) any conditions applying to the employee’s membership of the scheme;\n- (c) for an employee other than a core government employee—whether the employee’s membership of the scheme is compulsory. Note— For a core government employee, see part 4 , division 1 of the Act .","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of sch 2","content":"### sec.9 Application of sch 2\n\nThis section applies for the application of schedule 2 in relation to employees of a unit of the State public sector mentioned in schedule 2 , part 1 or 2 , column 1.\nA reference in this section to a column by number is a reference to the column of that number stated in schedule 2 , part 1 or 2 for the unit of the State public sector.\nIf there is an entry in column 2 for contract employees of the unit of the State public sector, the entry applies to an employee of the unit who is a contract employee even if the employee is also of a type mentioned in another entry in column 2.\nIf column 4 states an employee of the unit of the State public sector is eligible for the standard defined benefit category, an employee of the unit is eligible for that category—\nonly if the employee is already a member in the standard defined benefit category; and\nonly while the employee continues to be eligible for the standard defined benefit category under the Act and the deed.\nIf column 4 states an employee of the unit of the State public sector is eligible for a particular category only if approved by the employer, an employee of the unit is eligible for that category only if the unit has approved that employee to be eligible for that category.\ns 9 amd 2023 SL No. 47 s 29\n(sec.9-ssec.1) This section applies for the application of schedule 2 in relation to employees of a unit of the State public sector mentioned in schedule 2 , part 1 or 2 , column 1.\n(sec.9-ssec.2) A reference in this section to a column by number is a reference to the column of that number stated in schedule 2 , part 1 or 2 for the unit of the State public sector.\n(sec.9-ssec.3) If there is an entry in column 2 for contract employees of the unit of the State public sector, the entry applies to an employee of the unit who is a contract employee even if the employee is also of a type mentioned in another entry in column 2.\n(sec.9-ssec.4) If column 4 states an employee of the unit of the State public sector is eligible for the standard defined benefit category, an employee of the unit is eligible for that category— only if the employee is already a member in the standard defined benefit category; and only while the employee continues to be eligible for the standard defined benefit category under the Act and the deed.\n(sec.9-ssec.5) If column 4 states an employee of the unit of the State public sector is eligible for a particular category only if approved by the employer, an employee of the unit is eligible for that category only if the unit has approved that employee to be eligible for that category.\n- (a) only if the employee is already a member in the standard defined benefit category; and\n- (b) only while the employee continues to be eligible for the standard defined benefit category under the Act and the deed.","sortOrder":11},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":"Conditions about membership arrangements","content":"## Conditions about membership arrangements","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Application of division","content":"### sec.9A Application of division\n\nThis division applies if—\nan employee mentioned in schedule 2 , part 2 , column 2 is a member in the accumulation category; and\nschedule 2 , part 2 , column 5 contains a condition stating ‘BAA’ or ‘CAA’.\n‘BAA’ means basic accumulation arrangement and ‘CAA’ means comprehensive accumulation arrangement.\nA reference in this division to a column by number is a reference to the column of that number stated in schedule 2 , part 2 .\ns 9A ins 2023 SL No. 47 s 30\n(sec.9A-ssec.1) This division applies if— an employee mentioned in schedule 2 , part 2 , column 2 is a member in the accumulation category; and schedule 2 , part 2 , column 5 contains a condition stating ‘BAA’ or ‘CAA’. ‘BAA’ means basic accumulation arrangement and ‘CAA’ means comprehensive accumulation arrangement.\n(sec.9A-ssec.2) A reference in this division to a column by number is a reference to the column of that number stated in schedule 2 , part 2 .\n- (a) an employee mentioned in schedule 2 , part 2 , column 2 is a member in the accumulation category; and\n- (b) schedule 2 , part 2 , column 5 contains a condition stating ‘BAA’ or ‘CAA’.","sortOrder":13},{"sectionNumber":"sec.9B","sectionType":"section","heading":"Initial membership arrangement for new employed members","content":"### sec.9B Initial membership arrangement for new employed members\n\nThis section states the membership arrangement to which an employee mentioned in column 2 belongs on becoming a member of the scheme (the employee’s initial arrangement ).\nIf column 5 states only 1 arrangement for which the employee is eligible, the employee’s initial arrangement is the arrangement stated in the column.\nIf column 5 states more than 1 arrangement for which the employee is eligible, the employee may choose 1 of the stated arrangements to be the employee’s initial arrangement by giving written notice to the employee’s employer.\nIf the employee chooses an arrangement under subsection (3) , the employee’s initial arrangement is the chosen arrangement.\nIf the employee does not choose an arrangement under subsection (3) , but column 3 states that membership of the scheme is compulsory for the employee, the employee’s initial arrangement is as follows—\nfor a non-casual employee—the comprehensive accumulation arrangement;\nfor a casual employee—the basic accumulation arrangement.\nIf column 5 states an arrangement for which the employee is eligible only if approved by the employer, the employee is eligible for that arrangement only if the employer has approved that employee to be eligible for that arrangement.\ns 9B ins 2023 SL No. 47 s 30\n(sec.9B-ssec.1) This section states the membership arrangement to which an employee mentioned in column 2 belongs on becoming a member of the scheme (the employee’s initial arrangement ).\n(sec.9B-ssec.2) If column 5 states only 1 arrangement for which the employee is eligible, the employee’s initial arrangement is the arrangement stated in the column.\n(sec.9B-ssec.3) If column 5 states more than 1 arrangement for which the employee is eligible, the employee may choose 1 of the stated arrangements to be the employee’s initial arrangement by giving written notice to the employee’s employer.\n(sec.9B-ssec.4) If the employee chooses an arrangement under subsection (3) , the employee’s initial arrangement is the chosen arrangement.\n(sec.9B-ssec.5) If the employee does not choose an arrangement under subsection (3) , but column 3 states that membership of the scheme is compulsory for the employee, the employee’s initial arrangement is as follows— for a non-casual employee—the comprehensive accumulation arrangement; for a casual employee—the basic accumulation arrangement.\n(sec.9B-ssec.6) If column 5 states an arrangement for which the employee is eligible only if approved by the employer, the employee is eligible for that arrangement only if the employer has approved that employee to be eligible for that arrangement.\n- (a) for a non-casual employee—the comprehensive accumulation arrangement;\n- (b) for a casual employee—the basic accumulation arrangement.","sortOrder":14},{"sectionNumber":"sec.9C","sectionType":"section","heading":"Transfer between membership arrangements","content":"### sec.9C Transfer between membership arrangements\n\nAn employee may transfer from 1 membership arrangement to another under this division only if column 5 states the employee is eligible for the other arrangement.\nThe employee may transfer to the other arrangement by giving written notice to the employee’s employer.\ns 9C ins 2023 SL No. 47 s 30\n(sec.9C-ssec.1) An employee may transfer from 1 membership arrangement to another under this division only if column 5 states the employee is eligible for the other arrangement.\n(sec.9C-ssec.2) The employee may transfer to the other arrangement by giving written notice to the employee’s employer.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Other provisions about eligibility","content":"## Other provisions about eligibility","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Eligibility for State 72 category","content":"### sec.10 Eligibility for State 72 category\n\nThis section applies if a person who is a member in the State 72 category—\nceases to be a 1972 officer; and\neither—\nwithin 1 month after ceasing, again becomes a 1972 officer; or\nmade an election under section 35 (2) of the 1972 Act before the repeal of that Act or makes an election under section 191 (2) of the participation schedule, and again becomes a 1972 officer.\nThe person is eligible for membership in the State 72 category until 3 months after the time the person again became a 1972 officer.\nIn this section—\n1972 Act means the repealed State Service Superannuation Act 1972 .\n1972 officer means a person who would be an officer within the meaning given by the 1972 Act if that Act had not been repealed.\ns 10 amd 2022 SL No. 8 s 7\n(sec.10-ssec.1) This section applies if a person who is a member in the State 72 category— ceases to be a 1972 officer; and either— within 1 month after ceasing, again becomes a 1972 officer; or made an election under section 35 (2) of the 1972 Act before the repeal of that Act or makes an election under section 191 (2) of the participation schedule, and again becomes a 1972 officer.\n(sec.10-ssec.2) The person is eligible for membership in the State 72 category until 3 months after the time the person again became a 1972 officer.\n(sec.10-ssec.3) In this section— 1972 Act means the repealed State Service Superannuation Act 1972 . 1972 officer means a person who would be an officer within the meaning given by the 1972 Act if that Act had not been repealed.\n- (a) ceases to be a 1972 officer; and\n- (b) either— (i) within 1 month after ceasing, again becomes a 1972 officer; or (ii) made an election under section 35 (2) of the 1972 Act before the repeal of that Act or makes an election under section 191 (2) of the participation schedule, and again becomes a 1972 officer.\n- (i) within 1 month after ceasing, again becomes a 1972 officer; or\n- (ii) made an election under section 35 (2) of the 1972 Act before the repeal of that Act or makes an election under section 191 (2) of the participation schedule, and again becomes a 1972 officer.\n- (i) within 1 month after ceasing, again becomes a 1972 officer; or\n- (ii) made an election under section 35 (2) of the 1972 Act before the repeal of that Act or makes an election under section 191 (2) of the participation schedule, and again becomes a 1972 officer.","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Eligibility for police 74 category","content":"### sec.11 Eligibility for police 74 category\n\nThis section applies if a person who is a member in the police 74 category—\nceases to be a 1974 member; and\nmade an election under section 33 (2) of the 1974 Act before the repeal of that Act or makes an election under section 299 (2) of the participation schedule; and\nagain becomes a 1974 member.\nThe person is eligible for membership in the police 74 category until 3 months after the time the person again became a 1974 member.\nIn this section—\n1974 Act means the repealed Police Superannuation Act 1974 .\n1974 member means a person who would be a member within the meaning given by the 1974 Act if that Act had not been repealed.\ns 11 amd 2022 SL No. 8 s 8\n(sec.11-ssec.1) This section applies if a person who is a member in the police 74 category— ceases to be a 1974 member; and made an election under section 33 (2) of the 1974 Act before the repeal of that Act or makes an election under section 299 (2) of the participation schedule; and again becomes a 1974 member.\n(sec.11-ssec.2) The person is eligible for membership in the police 74 category until 3 months after the time the person again became a 1974 member.\n(sec.11-ssec.3) In this section— 1974 Act means the repealed Police Superannuation Act 1974 . 1974 member means a person who would be a member within the meaning given by the 1974 Act if that Act had not been repealed.\n- (a) ceases to be a 1974 member; and\n- (b) made an election under section 33 (2) of the 1974 Act before the repeal of that Act or makes an election under section 299 (2) of the participation schedule; and\n- (c) again becomes a 1974 member.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Retrospective eligibility","content":"### sec.12 Retrospective eligibility\n\nThis section applies if schedule 2 is amended—\nto declare the membership categories or arrangements for which all or particular employees of a unit of the State public sector not already mentioned in schedule 2 , part 1 or 2 , column 1 are eligible; or\nto declare, for a unit of the State public sector already mentioned in schedule 2 , part 1 or 2 , column 1—\nanother membership category or arrangement for which an employee of the unit already mentioned in schedule 2 , part 1 or 2 , column 2 is eligible; or\nthe membership categories or arrangements for which other employees of the unit are eligible.\nAn employee of a unit of the State public sector to whom the declaration applies is eligible for membership in a category or arrangement the subject of the declaration for the period of the employee’s employment with the unit starting on or after the following day (the eligibility start day )—\nif schedule 2 , part 1 or 2 , column 5 states the eligibility start day for the employee—the eligibility start day;\notherwise—the day the employee started employment with the unit.\nThe eligibility start day for an employee of a unit of the State public sector may be a day before the amendment of schedule 2 commences.\ns 12 amd 2023 SL No. 47 s 31\n(sec.12-ssec.1) This section applies if schedule 2 is amended— to declare the membership categories or arrangements for which all or particular employees of a unit of the State public sector not already mentioned in schedule 2 , part 1 or 2 , column 1 are eligible; or to declare, for a unit of the State public sector already mentioned in schedule 2 , part 1 or 2 , column 1— another membership category or arrangement for which an employee of the unit already mentioned in schedule 2 , part 1 or 2 , column 2 is eligible; or the membership categories or arrangements for which other employees of the unit are eligible.\n(sec.12-ssec.2) An employee of a unit of the State public sector to whom the declaration applies is eligible for membership in a category or arrangement the subject of the declaration for the period of the employee’s employment with the unit starting on or after the following day (the eligibility start day )— if schedule 2 , part 1 or 2 , column 5 states the eligibility start day for the employee—the eligibility start day; otherwise—the day the employee started employment with the unit.\n(sec.12-ssec.3) The eligibility start day for an employee of a unit of the State public sector may be a day before the amendment of schedule 2 commences.\n- (a) to declare the membership categories or arrangements for which all or particular employees of a unit of the State public sector not already mentioned in schedule 2 , part 1 or 2 , column 1 are eligible; or\n- (b) to declare, for a unit of the State public sector already mentioned in schedule 2 , part 1 or 2 , column 1— (i) another membership category or arrangement for which an employee of the unit already mentioned in schedule 2 , part 1 or 2 , column 2 is eligible; or (ii) the membership categories or arrangements for which other employees of the unit are eligible.\n- (i) another membership category or arrangement for which an employee of the unit already mentioned in schedule 2 , part 1 or 2 , column 2 is eligible; or\n- (ii) the membership categories or arrangements for which other employees of the unit are eligible.\n- (i) another membership category or arrangement for which an employee of the unit already mentioned in schedule 2 , part 1 or 2 , column 2 is eligible; or\n- (ii) the membership categories or arrangements for which other employees of the unit are eligible.\n- (a) if schedule 2 , part 1 or 2 , column 5 states the eligibility start day for the employee—the eligibility start day;\n- (b) otherwise—the day the employee started employment with the unit.","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":20},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Transitional provision for SL No. 137 of 2021","content":"## Transitional provision for SL No. 137 of 2021","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Continuation of eligibility for membership in basic accumulation category for former accumulation category members","content":"### sec.13 Continuation of eligibility for membership in basic accumulation category for former accumulation category members\n\nThis section applies to a person—\nwho, on the commencement, is a member in the basic accumulation category for the person’s employment; and\nwho is eligible for membership in the basic accumulation category for the employment only because of the operation of former section 18.\nThe person continues to be eligible for membership in the basic accumulation category for the employment.\nIn this section—\n2010 notice means the expired Superannuation (State Public Sector) Notice 2010 .\nformer section 18 means section 18 of the 2010 notice as in force immediately before the repeal of that section by the Superannuation Legislation (Scheme Membership) Amendment Regulation 2017 , section 11 .\nThe operation of former section 18 was continued, after the repeal of that section, under section 13 of the 2010 notice as in force from time to time after the commencement of the Superannuation Legislation (Scheme Membership) Amendment Regulation 2017 , section 11 .\n(sec.13-ssec.1) This section applies to a person— who, on the commencement, is a member in the basic accumulation category for the person’s employment; and who is eligible for membership in the basic accumulation category for the employment only because of the operation of former section 18.\n(sec.13-ssec.2) The person continues to be eligible for membership in the basic accumulation category for the employment.\n(sec.13-ssec.3) In this section— 2010 notice means the expired Superannuation (State Public Sector) Notice 2010 . former section 18 means section 18 of the 2010 notice as in force immediately before the repeal of that section by the Superannuation Legislation (Scheme Membership) Amendment Regulation 2017 , section 11 . The operation of former section 18 was continued, after the repeal of that section, under section 13 of the 2010 notice as in force from time to time after the commencement of the Superannuation Legislation (Scheme Membership) Amendment Regulation 2017 , section 11 .\n- (a) who, on the commencement, is a member in the basic accumulation category for the person’s employment; and\n- (b) who is eligible for membership in the basic accumulation category for the employment only because of the operation of former section 18.","sortOrder":22},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Transitional provisions for Superannuation (State Public Sector) Regulation 2023","content":"## Transitional provisions for Superannuation (State Public Sector) Regulation 2023","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"Members in comprehensive or basic accumulation category immediately before commencement","content":"### sec.14 Members in comprehensive or basic accumulation category immediately before commencement\n\nAn employee who was a member in the comprehensive accumulation category immediately before the commencement is taken to be a member in the accumulation category subject to the comprehensive accumulation arrangement.\nAn employee who was a member in the basic accumulation category immediately before the commencement is taken to be a member in the accumulation category subject to the basic accumulation arrangement.\ns 14 ins 2023 SL No. 47 s 33\n(sec.14-ssec.1) An employee who was a member in the comprehensive accumulation category immediately before the commencement is taken to be a member in the accumulation category subject to the comprehensive accumulation arrangement.\n(sec.14-ssec.2) An employee who was a member in the basic accumulation category immediately before the commencement is taken to be a member in the accumulation category subject to the basic accumulation arrangement.","sortOrder":24},{"sectionNumber":"sec.15","sectionType":"section","heading":"Operation of s 13 after commencement","content":"### sec.15 Operation of s 13 after commencement\n\nThis section applies to a person who, immediately before the commencement, continued to be eligible for membership in the basic accumulation category for the person’s employment under section 13.\nThe person continues to be eligible for membership in the basic accumulation arrangement under the accumulation category for the employment.\ns 15 ins 2023 SL No. 47 s 33\n(sec.15-ssec.1) This section applies to a person who, immediately before the commencement, continued to be eligible for membership in the basic accumulation category for the person’s employment under section 13.\n(sec.15-ssec.2) The person continues to be eligible for membership in the basic accumulation arrangement under the accumulation category for the employment.","sortOrder":25},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Entities declared generally","content":"# Entities declared generally","sortOrder":26},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Entities declared for particular employees","content":"# Entities declared for particular employees","sortOrder":27},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Part 1 employers","content":"# Part 1 employers","sortOrder":28},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Part 2 employers","content":"# Part 2 employers","sortOrder":29}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2021 notice established a relatively straightforward framework for declaring public sector units and employee membership categories. Subsequent amendments (particularly the 2023 Superannuation (State Public Sector) Regulation changes) significantly expanded the scope by introducing 'membership arrangements' (BAA and CAA) as a new sub-layer within the accumulation category, adding new transitional provisions, and inserting Division 1A on membership arrangement conditions. The scope has grown from a basic eligibility declaration instrument into a more complex governance framework managing multiple tiers of superannuation membership."},"complexity_factors":["Multiple interlocking legislative instruments — this notice operates alongside a parent Act, a deed (trust document), and a separate regulation, requiring readers to cross-reference several documents","Multiple membership category types (State 72, Police 74, standard defined benefit, accumulation) with different eligibility rules and historical origins","Layered transitional provisions — rules must account for employees under repealed Acts (1972 and 1974 Acts) and successive amendments to this very notice","Cross-referencing schedules (Schedule 1 and 2) with multiple columns that work as a matrix to determine eligibility — not readable without the full schedules","Retrospective eligibility provisions create complexity — eligibility start dates can pre-date the legislative amendment that grants the eligibility","Distinction between 'membership categories' and 'membership arrangements' (a newer sub-distinction within the accumulation category) adds conceptual layers","Multiple amendments to this 2021 notice (in 2022 and 2023) mean the law has already evolved significantly, creating a patchwork of rules"],"plain_english_summary":"## What is this law about?\n\nThe **Superannuation (State Public Sector) Notice 2021** is a Queensland government instrument that governs how Queensland public sector workers (government employees) belong to their workplace superannuation scheme (a fund that saves money for your retirement).\n\n## Who does it affect?\n\nThis law affects **Queensland State Government employees** working in agencies and bodies listed in the schedules — including police, ambulance, hospital, court, fire service, and general public service workers.\n\n## What does it actually do?\n\n- **Declares which government bodies are part of the 'State public sector'** — meaning their employees are covered by this superannuation scheme.\n- **Defines who qualifies as a 'core government employee'** — staff employed under specific Acts (like the Police Service Administration Act or Hospital and Health Boards Act), who get mandatory (compulsory) membership in the scheme.\n- **Sets out membership categories** — there are different types of membership accounts:\n  - **Accumulation category** — like a regular super fund where your balance grows based on contributions and investment returns\n  - **Standard defined benefit category** — a more old-fashioned type where your payout is calculated based on salary and years of service (mainly for long-serving existing members)\n  - **State 72 and Police 74 categories** — legacy (older, historical) categories for employees who were in predecessor schemes before those older Acts were repealed\n- **Introduces 'membership arrangements'** within the accumulation category:\n  - **Basic Accumulation Arrangement (BAA)** — simpler, typically for casual employees\n  - **Comprehensive Accumulation Arrangement (CAA)** — more detailed, typically for permanent employees\n- **Allows employees to choose** which arrangement suits them (if eligible for both), or sets a default if they don't choose.\n- **Handles transitions** — protects existing members' entitlements when the rules change, so no one loses their super membership status because of a rule update.\n- **Allows retrospective eligibility** — if the schedules are updated to add new employee types, those employees can be treated as if they were eligible from when they first started working.\n\n## Why does it matter to you?\n\nIf you work for a Queensland State Government entity, this notice determines:\n- **Whether you must join** the government super scheme\n- **Which type of account** you belong to\n- **Whether you have a choice** about your arrangement\n- **What contributions** your employer (and you) must make (set out in linked regulations)\n\nIt also protects the rights of **long-serving employees** who joined under older super schemes that no longer exist, ensuring they don't lose entitlements built up over years of service."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.9(ssec.4)","severity":"high","reasoning":"Section 9(4) states an employee is eligible for the standard defined benefit category 'only if the employee is already a member in the standard defined benefit category'. This means the only way to be eligible for the category is to already be in it. New employees can never become eligible under this provision — it creates a closed loop that permanently excludes anyone not already a member. While this may be intentional policy to freeze the category, the drafting creates a logical impossibility: eligibility is defined entirely by prior membership, making independent entry impossible and rendering the eligibility declaration in schedule 2 effectively meaningless for any non-incumbent.","confidence":0.88,"description":"Eligibility for standard defined benefit category is circular and functionally impossible for new members"},{"type":"retroactive_impossibility","section":"sec.12(ssec.2)-(ssec.3)","severity":"medium","reasoning":"Section 12(3) expressly permits the eligibility start day to be 'a day before the amendment of schedule 2 commences'. Section 12(2)(b) defaults the eligibility start day to 'the day the employee started employment with the unit' if schedule 2 does not state otherwise. This means an employee who began employment years before a schedule 2 amendment could retrospectively be deemed eligible for a membership category or arrangement during a period when neither the employee, nor the employer, nor the scheme trustee would have known that eligibility existed. This creates administratively impossible compliance: contributions would notionally be owed, benefit entitlements could be recalculated, and records may not exist for those historical periods.","confidence":0.82,"description":"Retroactive eligibility start day predating the amendment creates impossible compliance obligations"},{"type":"retroactive_impossibility","section":"sec.10(ssec.1)(b)(ii)","severity":"medium","reasoning":"Section 10(1)(b)(ii) refers to a person who 'made an election under section 35(2) of the 1972 Act before the repeal of that Act'. The 1972 Act has been repealed, so prospectively this limb can never be newly satisfied — no person can now make such an election. The provision also includes 'or makes an election under section 191(2) of the participation schedule', suggesting some ongoing prospective mechanism exists, but the disjunction with the historical election limb means one limb of the condition is permanently spent, creating a permanently asymmetric provision.","confidence":0.72,"description":"Election under repealed Act is impossible to make prospectively"},{"type":"other","section":"sec.9B(ssec.5)","severity":"medium","reasoning":"Section 9B(3) allows an employee eligible for more than one arrangement to choose one by written notice. Section 9B(5) provides a default arrangement if no choice is made 'but column 3 states that membership of the scheme is compulsory'. The provision contains no default for an employee who is eligible for more than one arrangement, does not exercise their choice, and whose membership is not compulsory (i.e., is voluntary). If such an employee nevertheless joins the scheme without choosing an arrangement, the notice provides no answer as to which arrangement applies. This is a compliance gap that could produce indeterminate legal status.","confidence":0.78,"description":"Default arrangement for employees who do not choose is only triggered if membership is compulsory, leaving a gap for employees with optional membership who fail to choose"},{"type":"other","section":"sec.4(ssec.3)","severity":"low","reasoning":"Section 4(3) refers to the 'Superannuation (State Public Sector) Regulation 2023' as the instrument prescribing compulsory contributions for membership arrangement employees. This subsection was inserted by 2023 SL No. 47. However, the parent instrument is the 2021 Notice. While the 2023 amendment cures the practical problem, the structure means the 2021 Notice as currently read requires compliance with a 2023 Regulation that post-dates it — anyone reading the unamended 2021 Notice would find the cross-reference unintelligible and potentially unenforceable for the period between commencement (1 September 2021) and the 2023 amendment.","confidence":0.65,"description":"Cross-reference to a 2023 Regulation within a 2021 Notice creates temporal drafting anomaly"}],"contradictions":[{"severity":"medium","section_a":"sec.13(ssec.2)","section_b":"sec.15(ssec.2)","confidence":0.74,"description":"Section 13 preserves eligibility for the 'basic accumulation category' while section 15 translates that into the 'basic accumulation arrangement under the accumulation category' — but the two provisions coexist and may apply to the same person simultaneously after commencement"},{"severity":"medium","section_a":"sec.9B(ssec.5)","section_b":"sec.9C(ssec.1)","confidence":0.7,"description":"Section 9B(5) mandates comprehensive accumulation arrangement as the default for non-casual employees who do not choose, while section 9C(1) restricts transfers to arrangements for which column 5 states the employee is eligible. If an employee is defaulted into comprehensive accumulation arrangement but column 5 only listed basic accumulation arrangement (or vice versa), the default could place an employee in an arrangement that column 5 does not authorise, directly contradicting the eligibility gate in section 9C."},{"severity":"medium","section_a":"sec.5(ssec.1)","section_b":"sec.5(ssec.2)","confidence":0.76,"description":"Section 5(1) declares each entity in schedule 1 to be a unit of the State public sector generally, while section 5(2) qualifies that entities in schedule 1, part 2 are units 'only in relation to the membership of the scheme of employees stated in schedule 2, part 2, column 2'. This means the same entity can simultaneously be and not be a unit of the State public sector depending on which employees are in question — creating a partial legal identity that may produce indeterminate outcomes for employees of those entities who are not listed in schedule 2, part 2, column 2 (e.g., for purposes of other provisions of the Act that apply to 'units of the State public sector' without qualification)."},{"severity":"low","section_a":"sec.9(ssec.3)","section_b":"sec.9(ssec.4)-(ssec.5)","confidence":0.62,"description":"Section 9(3) gives priority to the 'contract employee' entry in column 2 over any other type description, even if the employee is also of another described type. However, sections 9(4) and 9(5) impose eligibility restrictions by reference to what column 4 states, without carving out or reconciling the situation where a contract employee's column 4 entry differs from what would apply under the overridden type description. A contract employee who would otherwise qualify under a non-contract entry for a defined benefit category could be locked out or vice versa, with no mechanism to resolve which column 4 entry governs."}]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2021 purpose. Originally focused on declaring units of the State public sector and basic membership eligibility, it has expanded to include: (1) a complex dual structure of membership categories AND membership arrangements (BAA/CAA) added in 2023; (2) detailed choice and default mechanisms for accumulation arrangements; (3) extensive transitional provisions preserving rights under three previous legislative regimes (1972 Act, 1974 Act, and 2010 notice); and (4) retrospective eligibility rules. The 2023 amendments effectively transformed it from a simple eligibility declaration into a comprehensive membership management instrument."},"complexity_factors":["Heavy reliance on external schedules (Schedules 1, 2, and 3) that contain the actual substantive content—entities, employee categories, and defined terms are not in the main text","Multiple nested conditional logic: eligibility depends on combinations of schedule columns, employment type (casual vs non-casual), and approval requirements","Cross-references to multiple other Acts and instruments including the Superannuation (State Public Sector) Act, the 1972 and 1974 repealed Acts, the deed, and the 2023 Regulation","Transitional provisions spanning multiple legislative generations (2010 notice, 2017 amendments, 2023 Regulation) with complex continuity rules","Defined terms scattered across sections and the dictionary in Schedule 3, including historical concepts like '1972 officer' and '1974 member'","Dual structure of 'categories' and 'arrangements' requiring readers to understand the distinction between membership categories (broad plan types) and membership arrangements (specific contribution levels within accumulation plans)","Retrospective eligibility provisions that can backdate membership entitlements to before the legislation commenced"],"plain_english_summary":"This legislation sets the rules for which Queensland public sector employees can join the State's superannuation (retirement savings) scheme and under what conditions.\n\n**What it does:**\n- **Identifies who is covered**: Lists which government bodies (like hospitals, police, fire services, courts, and parliament) are part of the 'State public sector' for superannuation purposes.\n- **Defines 'core government employees'**: Specifies which public servants must be in the scheme (such as police, firefighters, ambulance officers, judges, and parliamentary staff employed under specific laws).\n- **Sets membership categories**: Determines which type of superannuation plan different employees can join—ranging from old-style defined benefit plans (like 'State 72' for long-term public servants) to modern accumulation plans where contributions build up over time.\n- **Creates membership arrangements**: Establishes two types of accumulation arrangements—'basic' (lower contributions) and 'comprehensive' (higher contributions)—and rules for how employees choose or default into these.\n- **Handles transitions**: Includes rules for employees moving between jobs, returning to old roles, or switching between superannuation types.\n\n**Who it affects:**\n- Queensland public sector employees, including health workers, emergency services personnel, court staff, and parliamentary employees.\n- Government employers who must make compulsory contributions on behalf of staff.\n\n**Why it matters:**\nThis notice determines whether you can join Queensland's public sector superannuation scheme, what type of retirement plan you get, and how much your employer must contribute. It protects long-serving employees' rights to stay in older, more generous schemes while setting up flexible options for newer staff."},"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-state-public-sector-notice-2021","history":"/api/acts/superannuation-state-public-sector-notice-2021/history","analysis":"/api/acts/superannuation-state-public-sector-notice-2021/analysis","conflicts":"/api/acts/superannuation-state-public-sector-notice-2021/conflicts","importantCases":"/api/acts/superannuation-state-public-sector-notice-2021/important-cases","documents":"/api/acts/superannuation-state-public-sector-notice-2021/documents"}}