Queensland Consolidated Acts

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

13AA Continuation of eligibility for membership after employer ceases to be unit of State public sector

(1) This section applies if--

(a) a person's employer ceases to be a unit of the State public sector (the relevant event) and the person continues to be an employee of the employer; and
(b) immediately before the relevant event, the person is a member of the scheme; and
(c) any of the following apply--
(i) the relevant event happens under an Act that provides that, on the happening of the relevant event, the person keeps all the person's existing and accruing rights relating to superannuation;
(ii) the person and the 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 the happening of the relevant event, the person keeps all the person's existing and accruing rights relating to superannuation; and
(d) for an employer who has given notice under paragraph (c)(ii)--the Minister approves the employer for this section.

(2) This Act continues to apply in relation to the employment of the person as if the 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 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 happening of the relevant event; 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 of the happening of the relevant event if the gazette notice provides for it.

(6) In subsection (4)--

standard defined benefit category see section 32M.



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