Superannuation (State Public Sector) Act 1990

Each of the following entities is a unit of the State public sector—

an entity mentioned in schedule 1;

an entity declared under section 4 to be a unit of the State public sector.

However, the Executive Council is not a unit of the State public sector.

The Minister may, by written notice, declare an entity to be a unit of the State public sector.

The power of the Minister under subsection (1) includes the power—

to declare a department or other agency of the Commonwealth or another State on which functions of this State have been conferred to be a unit of the State public sector; and

to declare an entity to be a unit of the State public sector only in relation to particular employees.

However, the Minister may declare an entity to be a unit of the State public sector only if—

the entity performs functions for the State, employs public service employees or is otherwise connected to the State; or

for a declaration under subsection (2)(b), the entity employs persons whose membership in the scheme is continued under part 3, division 2.

Also, if there is any doubt that a person is an employee of a unit of the State public sector, the Minister may, by written notice, declare whether the person is or is not an employee of a unit of the State public sector.

A notice under subsection (1) or (4) is subordinate legislation.

The scheme established under this Act and the repealed Superannuation (State Public Sector) Deed 1990 is continued in existence.

The scheme continues under subsection (1) despite any change to the scheme’s name from time to time.

The 1990 deed continues in existence as the trust deed for the scheme in the form of the instrument prepared under section 54.

The continuation of the 1990 deed under subsection (1) does not—

affect, or purport to affect, the continuation of the scheme or the fund for the scheme; or

otherwise resettle or redeclare the scheme or the fund for the scheme.

Subsections (1) and (2) apply even though the 1990 deed stopped being subordinate legislation on the repeal of the 1990 regulation.

The trust deed may be amended by the trustee in accordance with this Act and the deed.

The amendment of the trust deed by the trustee does not affect the operation of subsections (1) to (3).