Governors (Salary and Pensions) Act 2003

This Act may be cited as the Governors (Salary and Pensions) Act 2003.

The dictionary in the schedule defines particular words used in this Act.

A salary is payable to the Governor at the rate prescribed under a regulation.

For the period when a person is an Acting Governor, a salary is payable to the person at the rate payable to the Governor.

However, the amount of the salary payable under subsection (1) to a person is to be reduced, including to zero, by the amount of salary payable for the same period to the person as the Lieutenant-Governor, the Chief Justice or a Supreme Court judge.

Editor’s note—

See the Constitution of Queensland 2001, section 41(3) for the persons who must administer the Government of the State as Acting Governor.

This part does not apply in relation to a person appointed as Governor who elected, under section 20C, to have the superannuation arrangements under part 3A, division 2 apply to the person’s appointment as Governor.

The purposes of this part are to provide for—

the entitlement of a former Governor to a pension; and

the entitlement of a surviving partner of a deceased Governor to a pension; and

the rates of the pensions payable; and

other matters relevant to the entitlement to pensions and the rate of pensions.

Division 2 sets out the entitlement to, and rates of, pensions payable.

Division 3 sets out provisions that may affect the entitlement to, and amounts of, pensions payable.

Division 4 sets out provisions that may result in the ending of an entitlement to a pension.

The provisions in division 2 are subject to the provisions in divisions 3 and 4, and the provisions in division 3 are subject to the provisions in division 4.

This section applies to a person appointed Governor after the commencement of this section who is an Australian citizen at the time of appointment.

When the person ceases to hold the office, a pension is payable to the person for the person’s lifetime if—

the person has held the office for 5 years or more; or

the Minister declares, under section 11, that the person is entitled to a pension under this subsection.

The rate of the pension is equal to 35% of the rate of salary payable to the person as Governor immediately before the person ceases to hold the office.

If the person dies while holding the office, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at the rate equal to five-eighths of the rate of pension that would have been payable to the person if the person—

ceased to hold the office immediately before the death; and

had been entitled to a pension on ceasing to hold the office.

If the person dies after ceasing to hold the office and, immediately before the death, a pension is payable under subsection (2) to the person, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of the pension payable to the person immediately before the death.

This section applies in relation to a person—

who ceases to hold the office of Governor after the commencement; and

who, immediately before holding the office of Governor, was a member of a defined benefit category in the State public sector scheme.

The rate of the pension payable to the person is the rate mentioned in section 7(3) less the defined benefit offset amount for the person.

If the defined benefit offset amount for the person is the same as or more than the rate mentioned in section 7(3), the rate of the pension payable to the person under this part is nil.

If the defined benefit offset amount for the person is less than the rate mentioned in section 7(3)—

the rate of the pension payable under subsection (2) applies in relation to the person instead of the rate mentioned in section 7(3); and

the pension payable in relation to the person for a financial year under this part must be worked out on the basis of the rate of the pension payable under subsection (2).

For this section, the defined benefit offset amount for a person is the amount decided by an actuary approved by the Minister to be the annual value of defined benefits paid or payable to the person in relation to the person’s defined benefit membership by—

working out the State funded component of the defined benefits; and

converting the amount mentioned in paragraph (a) into an annual amount, as if it were paid in the form of an annual pension on the same terms as a pension payable under this part.

In this section—

defined benefit membership, in relation to a person, means the person’s membership of the State public sector scheme mentioned in subsection (1)(b).

defined benefits means benefits payable to a member in a defined benefit category of the State public sector scheme under the deed for that scheme.

State funded component, of defined benefits paid or payable to a person in relation to the person’s defined benefit membership, means the amount of the defined benefits less the amount attributable to contributions made by the person in relation to the membership.

State public sector scheme means the scheme under the Superannuation (State Public Sector) Act 1990.

This section applies to the person holding the office immediately before the commencement of this section.

When the person ceases to hold the office, a pension is payable to the person for the person’s lifetime at a rate equal to 60% of the rate of salary payable to the person as Governor immediately before the person ceases to hold the office.

If the person dies while holding the office, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at the rate equal to five-eighths of the rate of pension that would have been payable to the person if the person—

ceased to hold the office immediately before the death; and

had been entitled to a pension on ceasing to hold the office.

If the person dies after ceasing to hold the office and, immediately before the death, a pension is payable to the person, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of the pension payable to the person immediately before the death.

This section applies to each former Governor to whom a pension is payable immediately before the commencement of this section.

The former Governor continues to be entitled to be paid the pension for the former Governor’s lifetime.

The amount of the pension payable continues to be the amount of the pension payable to the former Governor immediately before the commencement.

When the former Governor dies, a pension is payable to the former Governor’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of pension payable to the former Governor immediately before the death.

This section applies to each surviving partner of a deceased Governor if a pension was payable to the surviving partner immediately before the commencement of this section.

The surviving partner continues to be entitled to be paid the pension for the surviving partner’s lifetime.

The amount of the pension payable to the surviving partner continues to be the amount of the pension payable to the surviving partner immediately before the commencement.