Queensland Consolidated Acts

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SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 - SECT 13A

13A Continuation of eligibility for membership after transfer of employment

(1) This section applies if--

(a) a person ceases to be an employee of a unit of the State public sector and becomes an employee of another entity (the new employer) that is not a unit of the State public sector; and
(b) immediately before becoming an employee of the new employer, the person is a member of the scheme; and
(c) any of the following apply--
(i) the transfer happens under an Act that provides that, on becoming an employee of the new employer, the person keeps all the person's existing and accruing rights relating to superannuation;
(ii) the person and the new employer each gives written notice to the board that he, she or it agrees to the person's continued membership of the scheme;
(iii) the Minister declares, by gazette notice, that on becoming an employee of the new employer the person keeps all the person's existing and accruing rights relating to superannuation; and
(d) for a new employer who has given notice under paragraph (c)(ii)--the Minister approves the new employer for this section.

(2) This Act applies in relation to the employment of the person as if the new employer were a unit of the State public sector.

(3) While a notice declaring that the person is eligible for membership of the scheme is in force under section 13, the person or the new employer may not revoke a notice given under subsection (1)(c)(ii).

(4) To remove any doubt, it is declared that if, under subsection (2), this Act applies in relation to the person's employment--

(a) the person's membership or entitlement to membership of the standard defined benefit category of the scheme is unaffected by the change in the person's employment; and
(b) section 32N does not apply to the person.

(5) A gazette notice mentioned in subsection(1)(c)(iii) may have retrospective operation to the day the person becomes an employee of the new employer if the gazette notice provides for it.

(6) In this section--

standard defined benefit category see section 32M.



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