sec.83Superannuation

### sec.83 Superannuation This section applies in respect of a member of the commission’s staff who— is appointed as such under the Public Service Act 1922 (Cwlth), section 81B ; and immediately before the commencement of this section and before that appointment was a State superannuation officer employed in the office of the commissioner for corporate affairs; whilst that member continues to be a member of the commission’s staff. This section also applies in respect of a member of the commission’s staff who— is employed on the commencement of this section by the commission under the ASIC Act , section 120 (3) as regional commissioner of the commission for Queensland; and immediately before the commencement of the employment referred to in paragraph (a), was a State superannuation officer employed in the Department of Justice and Corrective Services. A commission officer continues to be an officer within the meaning of the State Superannuation Act but ceases to be such an officer if he or she before 1 January 1992 becomes a member of the Commonwealth superannuation scheme or elects to be a member of the State (public sector) scheme. A commission officer who at any time before 1 January 1992 becomes a member of the Commonwealth superannuation scheme is taken, for the purpose of the application of the State Superannuation Act , to have made an election at that time under section 35 (2) of that Act. A commission officer referred to in subsection (2A) may by notice in writing to the board within 3 months of becoming a member of the Commonwealth superannuation scheme but in any case before 1 January 1992 elect to transfer the entitlements in the fund to the administrators of the Commonwealth superannuation scheme, whereupon the amount that would have been credited to the fund had the State Superannuation Act , section 35 applied is to be paid in lieu by the board from the fund to the administrators of the Commonwealth superannuation scheme and the commission officer has no further entitlements under the State Superannuation Act . At any time after officers of the public service of Queensland become eligible to transfer membership from the State Service Superannuation scheme to the State (public sector) scheme, a commission officer who is not a member of the Commonwealth superannuation scheme may elect, at any time before 1 January 1992, to be a member of the State (public sector) scheme. For the purposes of the State (public sector) scheme— the commission officer referred to in subsection (3) is taken to be an employee of a unit of the State public sector; and contributions payable by the employer in respect of that employee and paid by the commission are to be taken to be paid by the unit of the public sector employing that commission officer. Subject to subsection (5), for so long as a person who is a commission officer is a member of the State (public sector) scheme and makes the contributions prescribed under that scheme— the commission officer has the same rights as the person would have if he or she had been an employee of a unit of the State public sector during the whole of the period during which the person so contributes; and for the purpose of the application of the Superannuation (State Public Sector) Act 1990 , employment by the commission is to be taken to be employment by a unit of the public sector but the Crown in right of the State is not liable to make any contribution in respect of that employment. Subject to subsection (5), for so long as a person who is a commission officer continues to be a State superannuation officer and to make the contributions to the fund as prescribed under the State Superannuation Act — the commission officer has the same rights as the person would have if he or she had been a State superannuation officer during the whole of the period during which the person so contributes; and for the purpose of the application of the State Superannuation Act , employment by the commission is to be taken to be employment by the Crown but the Crown in right of the State is not liable to make any contributions for the period the person is a commission officer. If the commission fails to pay in full— in respect of a commission officer who is a State superannuation officer, the contributions prescribed under the State Superannuation Act to be paid by the Crown in respect of such an officer; or in respect of a commission officer who is a member of the State (public sector) scheme, the contributions prescribed under the Superannuation (State Public Sector) Act 1990 to be paid by a unit of the State public sector in respect of such an officer; the method of calculation of the benefits of that commission officer may be varied by order in council made on the recommendation of an actuary appointed for the purposes of the State Superannuation Act or, as the case may be, the Superannuation (State Public Sector) Act 1990 to reflect the reduction in the amount of the contributions by the commission but not so as to reduce the benefits accrued by the commission officer prior to the failure to pay. In this section— board means the State Service Superannuation Board. commission officer means a member of the commission’s staff referred to in subsection (1) or (1A). Commonwealth superannuation scheme means the superannuation scheme established under the Superannuation Act 1990 (Cwlth). fund means the State service superannuation fund. State (public sector) scheme means a scheme within the meaning of the Superannuation (State Public Sector) Act 1990 . State Superannuation Act means the State Service Superannuation Act 1972 . State superannuation officer means an officer within the meaning of the State Superannuation Act . s 83 amd 1991 No. 42 s 3 sch ; 2000 No. 12 s 3 sch (sec.83-ssec.1) This section applies in respect of a member of the commission’s staff who— is appointed as such under the Public Service Act 1922 (Cwlth), section 81B ; and immediately before the commencement of this section and before that appointment was a State superannuation officer employed in the office of the commissioner for corporate affairs; whilst that member continues to be a member of the commission’s staff. (sec.83-ssec.1A) This section also applies in respect of a member of the commission’s staff who— is employed on the commencement of this section by the commission under the ASIC Act , section 120 (3) as regional commissioner of the commission for Queensland; and immediately before the commencement of the employment referred to in paragraph (a), was a State superannuation officer employed in the Department of Justice and Corrective Services. (sec.83-ssec.2) A commission officer continues to be an officer within the meaning of the State Superannuation Act but ceases to be such an officer if he or she before 1 January 1992 becomes a member of the Commonwealth superannuation scheme or elects to be a member of the State (public sector) scheme. (sec.83-ssec.2A) A commission officer who at any time before 1 January 1992 becomes a member of the Commonwealth superannuation scheme is taken, for the purpose of the application of the State Superannuation Act , to have made an election at that time under section 35 (2) of that Act. (sec.83-ssec.2B) A commission officer referred to in subsection (2A) may by notice in writing to the board within 3 months of becoming a member of the Commonwealth superannuation scheme but in any case before 1 January 1992 elect to transfer the entitlements in the fund to the administrators of the Commonwealth superannuation scheme, whereupon the amount that would have been credited to the fund had the State Superannuation Act , section 35 applied is to be paid in lieu by the board from the fund to the administrators of the Commonwealth superannuation scheme and the commission officer has no further entitlements under the State Superannuation Act . (sec.83-ssec.3) At any time after officers of the public service of Queensland become eligible to transfer membership from the State Service Superannuation scheme to the State (public sector) scheme, a commission officer who is not a member of the Commonwealth superannuation scheme may elect, at any time before 1 January 1992, to be a member of the State (public sector) scheme. (sec.83-ssec.3A) For the purposes of the State (public sector) scheme— the commission officer referred to in subsection (3) is taken to be an employee of a unit of the State public sector; and contributions payable by the employer in respect of that employee and paid by the commission are to be taken to be paid by the unit of the public sector employing that commission officer. (sec.83-ssec.3B) Subject to subsection (5), for so long as a person who is a commission officer is a member of the State (public sector) scheme and makes the contributions prescribed under that scheme— the commission officer has the same rights as the person would have if he or she had been an employee of a unit of the State public sector during the whole of the period during which the person so contributes; and for the purpose of the application of the Superannuation (State Public Sector) Act 1990 , employment by the commission is to be taken to be employment by a unit of the public sector but the Crown in right of the State is not liable to make any contribution in respect of that employment. (sec.83-ssec.4) Subject to subsection (5), for so long as a person who is a commission officer continues to be a State superannuation officer and to make the contributions to the fund as prescribed under the State Superannuation Act — the commission officer has the same rights as the person would have if he or she had been a State superannuation officer during the whole of the period during which the person so contributes; and for the purpose of the application of the State Superannuation Act , employment by the commission is to be taken to be employment by the Crown but the Crown in right of the State is not liable to make any contributions for the period the person is a commission officer. (sec.83-ssec.5) If the commission fails to pay in full— in respect of a commission officer who is a State superannuation officer, the contributions prescribed under the State Superannuation Act to be paid by the Crown in respect of such an officer; or in respect of a commission officer who is a member of the State (public sector) scheme, the contributions prescribed under the Superannuation (State Public Sector) Act 1990 to be paid by a unit of the State public sector in respect of such an officer; the method of calculation of the benefits of that commission officer may be varied by order in council made on the recommendation of an actuary appointed for the purposes of the State Superannuation Act or, as the case may be, the Superannuation (State Public Sector) Act 1990 to reflect the reduction in the amount of the contributions by the commission but not so as to reduce the benefits accrued by the commission officer prior to the failure to pay. (sec.83-ssec.6) In this section— board means the State Service Superannuation Board. commission officer means a member of the commission’s staff referred to in subsection (1) or (1A). Commonwealth superannuation scheme means the superannuation scheme established under the Superannuation Act 1990 (Cwlth). fund means the State service superannuation fund. State (public sector) scheme means a scheme within the meaning of the Superannuation (State Public Sector) Act 1990 . State Superannuation Act means the State Service Superannuation Act 1972 . State superannuation officer means an officer within the meaning of the State Superannuation Act . - (a) is appointed as such under the Public Service Act 1922 (Cwlth), section 81B ; and - (b) immediately before the commencement of this section and before that appointment was a State superannuation officer employed in the office of the commissioner for corporate affairs; - (a) is employed on the commencement of this section by the commission under the ASIC Act , section 120 (3) as regional commissioner of the commission for Queensland; and - (b) immediately before the commencement of the employment referred to in paragraph (a), was a State superannuation officer employed in the Department of Justice and Corrective Services. - (a) the commission officer referred to in subsection (3) is taken to be an employee of a unit of the State public sector; and - (b) contributions payable by the employer in respect of that employee and paid by the commission are to be taken to be paid by the unit of the public sector employing that commission officer. - (a) the commission officer has the same rights as the person would have if he or she had been an employee of a unit of the State public sector during the whole of the period during which the person so contributes; and - (b) for the purpose of the application of the Superannuation (State Public Sector) Act 1990 , employment by the commission is to be taken to be employment by a unit of the public sector but the Crown in right of the State is not liable to make any contribution in respect of that employment. - (a) the commission officer has the same rights as the person would have if he or she had been a State superannuation officer during the whole of the period during which the person so contributes; and - (b) for the purpose of the application of the State Superannuation Act , employment by the commission is to be taken to be employment by the Crown but the Crown in right of the State is not liable to make any contributions for the period the person is a commission officer. - (a) in respect of a commission officer who is a State superannuation officer, the contributions prescribed under the State Superannuation Act to be paid by the Crown in respect of such an officer; or - (b) in respect of a commission officer who is a member of the State (public sector) scheme, the contributions prescribed under the Superannuation (State Public Sector) Act 1990 to be paid by a unit of the State public sector in respect of such an officer;