Queensland Consolidated Acts

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SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 - SECT 13

13 Membership of scheme

(1) The Minister may, by written notice, declare that a person or member of a class of person who is an employee of a unit of the State public sector is eligible for membership of the scheme.

(2) The notice must declare--

(a) whether membership of the scheme is compulsory or discretionary; and
(b) any conditions applying to membership; and
(c) the membership category or categories for which the person, or a member of the class of person, is eligible.

(3) If there is any doubt that a person is an employee of a unit of the State public sector, the Governor in Council may, by regulation, declare whether the person is or is not an employee of a unit of the State public sector.

(4) The Minister may, by written notice, declare that a person or member of a class of person who is an employee of a unit of the State public sector is excepted from this Act.

(5) Before the Minister makes a notice under subsection (4), the Minister must consult with the board.

(6) The Minister may, by written notice, declare that a person is eligible for membership of the scheme if the person is--

(a) the spouse of a member of the scheme; or
(b) an entitled former spouse; or
(c) a person for whom an amount is paid to the fund under--
(i) the Governors (Salary and Pensions) Act 2003, section 16C; or
(ii) the Judges (Pensions and Long Leave) Act 1957, section 11.

(6A) A notice under subsection (6)(a) may be limited in its application to particular classes of spouse or by reference to factors stated in the notice.

(6B) Subsection (6A) does not limit the Statutory Instruments Act 1992, section 24 or 25.

(7) The Minister may, by written notice, declare that a person who is a member of a stated eligible scheme is eligible for membership of the scheme established under this Act on ceasing to be a member of the eligible scheme.

(8) A notice under subsection (6) or (7) must declare--

(a) that membership of the scheme is discretionary; and
(b) any conditions applying to membership; and
(c) the membership category or categories for which the person is eligible; and
(d) for a notice under subsection (7)--any time limit for becoming a member of the scheme after ceasing to be a member of the eligible scheme.

(9) The current employer of a member of the scheme may make contributions to the scheme for the member whether or not the current employer is a unit of the State public sector.

(10) A notice made under subsection (1), (4), (6) or (7) is subordinate legislation.

(11) In this section--

entitled former spouse means a person who is entitled or conditionally entitled, under an agreement under the Family Law Act 1975 (Cwlth) or a court order under that Act, to payment of an amount from the fund.



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