{"id":"nsw:sl-2002-0306","name":"Coal Industry (Joint Coal Board Employees’ Superannuation) Transitional Regulation 2002","slug":"coal-industry-joint-coal-board-employees-superannuation-transitional-regulation-2002","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"306 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178895,"registerId":"nsw-nsw:sl-2002-0306-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Coal Industry (Joint Coal Board Employees’ Superannuation) Transitional Regulation 2002](/view/html/inforce/current/sl-2002-0306).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Regulation:\n> \n> EISS has the same meaning as it has in Part 2 of Schedule 1 to the Act.\n> \n> Note—\n> \n> Part 2 of Schedule 1 to the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107) defines EISS as the electricity industry superannuation scheme (which is the scheme established under a trust deed entered into by the Treasurer and Energy Industries Superannuation Scheme Pty Ltd, as trustee).\n> \n> order of the Treasurer means an order of the Treasurer under clause 6 of Schedule 1 to the Act.\n> \n> State Authorities Non-contributory Superannuation Scheme means the superannuation scheme established under the [State Authorities Non-contributory Superannuation Act 1987](/view/html/inforce/current/act-1987-212).\n> \n> State Authorities Superannuation Scheme means the superannuation scheme established under the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211).\n> \n> State Superannuation Scheme means the superannuation scheme established under the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028).\n> \n> STC means the SAS Trustee Corporation continued by the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039).\n> \n> the Act means the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107).\n> \n> transfer day, in relation to a transferred employee, means the day on which the transferred employee is or was transferred to the EISS by order of the Treasurer.\n> \n> transferred employee has the same meaning as it has in Part 2 of Schedule 1 to the Act.\n> \n> Note—\n> \n> Part 2 of Schedule 1 to the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107) defines transferred employee as (effectively) a former member of the staff of the Joint Coal Board who was transferred, under clause 1 of Schedule 1 to that Act, to a company approved by the Minister and specified, in relation to the former member of staff, in an order of the Minister under section 5 (2) of the Act.\n> \n> transferred member means a transferred employee who is or was transferred to the EISS by order of the Treasurer.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"#### 3 Notes\n\n3 Notes\n\n> Notes in the text of this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transferred members","content":"# Part 2 Transferred members\n\nPart 2 Transferred members","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Transferred members","content":"#### 4 Transferred members\n\n4 Transferred members\n\n> > (1) On and from the transfer day, the transferred members described in clauses 5, 6 and 7 are members of the following Divisions of the EISS, to the extent that they are described in the clause concerned:\n> > \n> > > (a) a transferred member described in clause 5 is a member of Division B,\n> > \n> > > (b) a transferred member described in clause 6 is a member of Division C,\n> > \n> > > (c) a transferred member described in clause 7 is a member of Division D.\n> \n> > (2) A transferred member who is a transferred member described in more than one of clauses 5, 6 or 7 may be a member of one or more Divisions of the EISS.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Contributors to State Authorities Superannuation Scheme","content":"#### 5 Contributors to State Authorities Superannuation Scheme\n\n5 Contributors to State Authorities Superannuation Scheme\n\n> For the purposes of clause 4, this clause describes a transferred member who, immediately before the transfer day, was a contributor to the State Authorities Superannuation Scheme.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Employees under State Authorities Non-contributory Superannuation Scheme","content":"#### 6 Employees under State Authorities Non-contributory Superannuation Scheme\n\n6 Employees under State Authorities Non-contributory Superannuation Scheme\n\n> For the purposes of clause 4, this clause describes a transferred member who, immediately before the transfer day, was a contributing employee (within the meaning of section 26C of the [State Authorities Non-contributory Superannuation Act 1987](/view/html/inforce/current/act-1987-212)) under the State Authorities Non-contributory Superannuation Scheme and who is a person described in clause 5 or 7.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Contributors to State Superannuation Scheme","content":"#### 7 Contributors to State Superannuation Scheme\n\n7 Contributors to State Superannuation Scheme\n\n> For the purposes of clause 4, this clause describes a transferred member who, immediately before the transfer day, was a contributor to the State Superannuation Scheme.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Effect of transfers","content":"#### 8 Effect of transfers\n\n8 Effect of transfers\n\n> > (1) On transfer by order of the Treasurer:\n> > \n> > > (a) a transferred member ceases to have any entitlements, rights and obligations under the scheme from which the member was transferred, and\n> > \n> > > (b) the EISS applies in respect of the transferred member as if that member had become a member of the EISS on the dissolution date.\n> \n> > (2) A right of appeal available to a transferred member before the transfer of the member by order of the Treasurer in respect of a matter involving a dispute with the trustee of the transferred member’s previous superannuation scheme, and not finally dealt with before the transfer day, is to be dealt with in accordance with procedures under the EISS as if the dispute were with Energy Industries Superannuation Scheme Pty Ltd.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transfer of assets","content":"# Part 3 Transfer of assets\n\nPart 3 Transfer of assets","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Transfer of assets to EISS","content":"#### 9 Transfer of assets to EISS\n\n9 Transfer of assets to EISS\n\n> > (1) STC must transfer to Energy Industries Superannuation Scheme Pty Ltd, as the trustee of the EISS, assets equivalent to an amount calculated in accordance with this clause in respect of the assets of the STC scheme or fund attributable in respect of:\n> > \n> > > (a) the transferred members, and\n> > \n> > > (b) the Joint Coal Board employer reserves.\n> \n> > (2) The assets are to be calculated and transferred in accordance with the transfer agreements entered into, with the concurrence of the Treasurer, by STC and Energy Industries Superannuation Scheme Pty Ltd in connection with the transfer of transferred members.\n> \n> > (3) The transfer agreements referred to in subclause (2) are to provide for the transfer of all amounts standing to the credit of the employer reserves maintained by STC in relation to the Joint Coal Board, other than the amounts (determined by an actuary) required to fund the entitlements of those former employees of the Joint Coal Board who are not transferred members (being entitlements arising from their former employment with the Joint Coal Board under any superannuation scheme of which STC is trustee). This subclause does not limit the transfer agreements.\n> \n> > (4) Every asset of STC in the nature of a right, entitlement, privilege, claim or chose in action against a person who is:\n> > \n> > > (a) a transferred member, or\n> > \n> > > (b) a claimant against STC through any such transferred member,\n> > \n> > that arises by virtue of the former employment by the Joint Coal Board of the transferred member is by this subclause transferred to Energy Industries Superannuation Scheme Pty Ltd as the trustee of the EISS.\n> \n> > (5) Every asset of STC in the nature of a right, entitlement, privilege, claim or chose in action against the Joint Coal Board is by this subclause transferred to Energy Industries Superannuation Scheme Pty Ltd as the trustee of the EISS.\n> \n> > (6) Nothing in this clause transfers a right, entitlement, privilege, claim or chose in action for the enforcement of which any proceedings were instituted before the commencement of this subclause.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Determination of disputes","content":"# Part 4 Determination of disputes\n\nPart 4 Determination of disputes","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Disputes concerning entitlements or obligations of transferred members or associated beneficiaries under STC schemes","content":"#### 10 Disputes concerning entitlements or obligations of transferred members or associated beneficiaries under STC schemes\n\n10 Disputes concerning entitlements or obligations of transferred members or associated beneficiaries under STC schemes\n\n> A dispute concerning the entitlements or obligations of a transferred member or beneficiary arising in respect of service by the transferred member, before the transfer day, with the Joint Coal Board in relation to the payment of benefits under an STC scheme in respect of that service is to be determined, not by STC, but by the trustee of the EISS.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument is transitional: it confines its effect to the defined cohort of transferred members and employer reserves and reassigns their membership, assets and dispute resolution to EISS. It does not expand coverage beyond the specified transferred employees; rather it preserves and implements existing entitlements under a new trustee/scheme framework (see cls 4, 8(1)(b), 9)."},"complexity_factors":["Extensive cross‑references to other statutes and defined terms (Coal Industry Act 2001; State Authorities Superannuation Acts; Superannuation Act 1916).","Multiple scheme interactions: reallocates membership and assets between STC schemes and EISS (cls 4, 9).","Requirement for transfer agreements with Treasurer concurrence creates negotiated implementation steps (cl.9(2)).","Actuarial determination needed to exclude amounts for non‑transferred ex‑employees introduces technical valuation work (cl.9(3)).","Transfer of legal rights, claims and choses in action with an exception for pending proceedings raises legal‑title complexity (cl.9(4)–(6)).","Reallocation of dispute resolution from STC to the EISS trustee alters procedural pathways for appeals (cls 8(2), 10).","Membership mapping rules (Divisions B–D) depend on prior scheme status, requiring case‑by‑case application (cls 4–7)."],"plain_english_summary":"This regulation moves specified former Joint Coal Board employees and associated employer reserves from SAS Trustee Corporation‑administered schemes into the Electricity Industry Superannuation Scheme (EISS). It maps those transferees into Divisions B–D of EISS, requires STC to transfer equivalent assets to the EISS trustee, and directs that unresolved pre‑transfer disputes and appeals be handled by the EISS trustee.\n\nSTC must effect transfers under agreements concurred by the Treasurer and actuarial determinations set amounts for non‑transferred entitlements (cls 4, 8–10, 9(2)–(3))."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a transitional regulation with a tightly scoped, single-purpose remit: managing the superannuation consequences of the Joint Coal Board's dissolution. The scope remains precisely targeted at the transfer of employees, assets, and disputes from the old arrangements to the new EISS structure. There is no evidence of scope creep beyond this original transitional purpose."},"complexity_factors":["Multiple nested definitions: 8 defined terms in section 2, with several referring to definitions in other Acts (Coal Industry Act 2001, Superannuation Act 1916, etc.)","Cross-referencing between clauses: Clause 4 depends on clauses 5, 6, and 7; clause 6 itself cross-references clauses 5 and 7","Conditional membership logic in clause 6: requires satisfaction of both the non-contributory scheme condition AND membership in Division B or D categories","Multiple superannuation schemes involved: four different historical government super schemes referenced (State Authorities Superannuation Scheme, State Authorities Non-contributory Superannuation Scheme, State Superannuation Scheme, and EISS)","Automatic statutory transfers of legal rights in clause 9(4)-(5): complex property law concepts (choses in action) transferred by operation of law","Exception to the transfer rule in clause 9(6): proceedings already instituted are carved out from the automatic transfer","Dispute resolution handover in Part 4 shifts jurisdiction from STC to EISS trustee for pre-transfer service disputes"],"plain_english_summary":"This regulation handles the messy business of moving coal industry workers' superannuation (retirement savings) when their employer, the Joint Coal Board, was wound up.\n\n**What it does:**\n- **Moves workers into a new super fund:** When the Joint Coal Board was dissolved, its employees had to be shifted to a new superannuation scheme called the EISS (Electricity Industry Superannuation Scheme). This regulation sorts out which 'division' (category) of the EISS each worker joins based on which government super scheme they were in before.\n\n- **Three categories of workers:**\n  - **Division B:** Workers who were in the State Authorities Superannuation Scheme\n  - **Division C:** Workers who were in the non-contributory scheme AND also fit into Division B or D\n  - **Division D:** Workers who were in the old State Superannuation Scheme (dating back to 1916)\n\n- **Transfers the money:** It forces STC (the government super trustee) to hand over the workers' super assets and employer reserves to the new EISS trustee. It also transfers any legal claims or rights related to these workers.\n\n- **Handles unfinished disputes:** If a worker had an appeal or dispute brewing with their old super fund when they were moved, that dispute now gets handled under the new EISS rules instead.\n\n**Who it affects:**\n- Former Joint Coal Board employees who were transferred to approved companies\n- The trustees managing their super (STC and Energy Industries Superannuation Scheme Pty Ltd)\n- Anyone claiming benefits through these transferred workers\n\n**Why it matters:**\nWithout this regulation, workers could have been left in limbo—no longer employed by the Joint Coal Board, but not properly enrolled in a new super scheme, with their retirement savings stuck in bureaucratic limbo. It ensures continuity of entitlements and clears up which organisation is responsible for paying benefits based on their years at the coal board."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulation appears to have remained exactly as originally made since 24 May 2002, with no amendments recorded. Its scope — managing superannuation entitlements for a specific group of former Joint Coal Board employees during a transitional period — appears consistent with its original intent. There is no evidence of scope creep or expansion."},"complexity_factors":["Narrow and highly specific subject matter limits complexity — it applies to a closed, defined group of people","Transitional instruments can involve layered interactions between old and new legal frameworks, adding some complexity","The substantive provisions of the regulation are not reproduced in the provided text, making full analysis impossible","Superannuation law generally involves technical rules, but the scope here is contained","The regulation appears static and unchanged since 2002, suggesting it resolved a discrete legal question rather than creating ongoing obligations"],"plain_english_summary":"This short-term NSW regulation preserves and clarifies superannuation entitlements for former Joint Coal Board employees (and potentially their dependants) during the Board’s wind-up. It ensured those workers didn’t lose accrued retirement benefits in the transition from the abolished body to successor arrangements. Made in May 2002, it has remained in force and unamended, reflecting its one-off, protective purpose."}},"importantCases":[],"_links":{"self":"/api/acts/coal-industry-joint-coal-board-employees-superannuation-transitional-regulation-2002","history":"/api/acts/coal-industry-joint-coal-board-employees-superannuation-transitional-regulation-2002/history","analysis":"/api/acts/coal-industry-joint-coal-board-employees-superannuation-transitional-regulation-2002/analysis","conflicts":"/api/acts/coal-industry-joint-coal-board-employees-superannuation-transitional-regulation-2002/conflicts","importantCases":"/api/acts/coal-industry-joint-coal-board-employees-superannuation-transitional-regulation-2002/important-cases","documents":"/api/acts/coal-industry-joint-coal-board-employees-superannuation-transitional-regulation-2002/documents"}}