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Superannuation (State Public Sector) Act 1990
sec.26Preservation of existing entitlements
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### sec.26 Preservation of existing entitlements
The trustee may amend the deed in a way that affects the rights to superannuation or other benefits of members only if—
all of the following apply—
the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ;
the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members;
the Minister has been given written notice of the amendment; or
the Minister has consented to the amendment.
In this section—
defined benefit contributions means contributions to the scheme required under the deed by members in relation to their membership in a government defined benefit category.
s 26 prev s 26 om 2021 No. 20 s 42
pres s 26 ins 2021 No. 20 s 31
(sec.26-ssec.1) The trustee may amend the deed in a way that affects the rights to superannuation or other benefits of members only if— all of the following apply— the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ; the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members; the Minister has been given written notice of the amendment; or the Minister has consented to the amendment.
(sec.26-ssec.2) In this section— defined benefit contributions means contributions to the scheme required under the deed by members in relation to their membership in a government defined benefit category.
- (a) all of the following apply— (i) the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ; (ii) the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members; (iii) the Minister has been given written notice of the amendment; or
- (i) the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ;
- (ii) the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members;
- (iii) the Minister has been given written notice of the amendment; or
- (b) the Minister has consented to the amendment.
- (i) the trustee, acting on the advice of an actuary, believes the amendment will not affect the Treasurer’s contributions under section 31 ;
- (ii) the amendment does not affect entitlements to defined benefits, or defined benefit contributions, of the members;
- (iii) the Minister has been given written notice of the amendment; or