{"id":"judges-pensions-regulations-2018","name":"Judges' Pensions Regulations 2018","slug":"judges-pensions-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235662,"registerId":"sa-judges-pensions-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judges' Pensions Regulations 2018","content":"South Australia\nJudges' Pensions Regulations 2018\nunder the Judges' Pensions Act 1971\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tRight of non-member spouse or legal representative to apply for commutation (section 17H of Act)\n5\tCommutation factors for non-member spouse and legal representative\n6\tAssociate pension (section 17H of Act)\n7\tProcedure for payment of lump sum to non-member spouse (section 17I of Act)\n8\tProcedure for payment of pension to non-member spouse (section 17I of Act)\nSchedule 1—Factors for determination of associate pension\nSchedule 2—Revocation of Judges' Pensions Regulations 2003\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Judges' Pensions Regulations 2018.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Judges' Pensions Act 1971.\n4—Right of non-member spouse or legal representative to apply for commutation (section 17H of Act)\n\t(1)\tFor the purposes of section 17H(2)(b) of the Act, a non-member spouse who is entitled to have the whole of their share in an entitlement commuted to a lump sum must make the election in accordance with that section within 3 months of the operative time.\n\t(2)\tFor the purposes of section 17H(5) of the Act, if a non-member spouse dies while entitled to, or in receipt of, a pension under that section (other than an associate pension), an election by the non-member spouse's legal representative for the pension to be commuted to a lump sum must be made within 6 months of the non-member spouse's death.\n5—Commutation factors for non-member spouse and legal representative\nThe following table sets out commutation factors for—\n\t(a)\ta non-member spouse who elects under section 17H(2)(b) of the Act to have their share of an entitlement commuted to a lump sum; and\n\t(b)\tthe legal representative of a deceased non-member spouse who elects under section 17H(5) of the Act to have a pension that the non-member spouse was receiving, or was entitled to receive, commuted to a lump sum:\n\nAge of member spouse at time of commutation\nAmount of lump sum for each dollar of annual pension commuted\n60 or under\n$10.00\n60-61\n$10.00-$9.90\n61-62\n$9.90-$9.80\n62-63\n$9.80-$9.70\n63-64\n$9.70-$9.60\n64-65\n$9.60-$9.50\n65-66\n$9.50-$9.30\n66-67\n$9.30-$9.10\n67-68\n$9.10-$8.80\n68-69\n$8.80-$8.50\n69-70\n$8.50-$8.20\n70-71\n$8.20-$7.90\n71-72\n$7.90-$7.60\n72-73\n$7.60-$7.30\n73-74\n$7.30-$7.00\n74-75\n$7.00-$6.70\n75-76\n$6.70-$6.42\n76-77\n$6.42-$6.14\n77-78\n$6.14-$5.86\n78-79\n$5.86-$5.58\n79-80\n$5.58-$5.30\n80-81\n$5.30-$5.02\n81-82\n$5.02-$4.74\n82-83\n$4.74-$4.46\n83-84\n$4.46-$4.18\n84-85\n$4.18-$3.90\n85-86\n$3.90-$3.68\n86-87\n$3.68-$3.46\n87-88\n$3.46-$3.24\n88-89\n$3.24-$3.02\n89-90\n$3.02-$2.80\n90-91\n$2.80-$2.66\n91-92\n$2.66-$2.52\n92-93\n$2.52-$2.38\n93-94\n$2.38-$2.24\n94-95\n$2.24-$2.10\n95-96\n$2.10-$1.68\n96-97\n$1.68-$1.26\n97-98\n$1.26-$0.84\n98-99\n$0.84-$0.42\n99-100\n$0.42-$0.00\n6—Associate pension (section 17H of Act)\n\t(1)\tFor the purposes of section 17H(2)(a)(ii) of the Act, notice of an election by a non-member spouse to have the whole of their share of an entitlement converted to, and taken as, an associate pension must be given in writing within 3 months of the date on which notification of the non-member spouse's right to make the election is given by the Treasurer.\n\t(2)\tFor the purposes of section 17H(3) of the Act, the amount of an associate pension will be determined by applying the following method:\n\nWhere:\nAP is the amount of the associate pension payable for the life of the non-member spouse\nP is the amount of the non-member spouse's share of the pension determined under section 17H(1) of the Act\nMx+m is the conversion factor relating to the member spouse at age x completed years and m completed months and is derived by interpolating between age x and x+1 the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the member spouse\nNy+n is the conversion factor relating to the non-member spouse at age y completed years and n completed months and is derived by interpolating between age y and y+1 the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the non-member spouse.\n7—Procedure for payment of lump sum to non-member spouse (section 17I of Act)\n\t(1)\tFor the purposes of section 17I(3) of the Act, notice given by the Treasurer to a non-member spouse of the non-member spouse's right to make an election in respect of an interest must—\n\t(a)\tbe in writing; and\n\t(b)\tadvise the non-member spouse of—\n\t(i)\tthe option to make an election and the consequences of a failure to do so within 28 days; and\n\t(ii)\tthe value of the interest; and\n\t(iii)\tthe basis of any adjustments that have been, or will be, applied to the interest; and\n\t(c)\tnotify the non-member spouse that the interest cannot be retained in the scheme.\n\t(2)\tIf a non-member spouse interest is rolled over to the credit of the non-member spouse in the Southern State Superannuation Fund because an election has not been made, the Treasurer must, within 14 days of the interest being rolled over—\n\t(a)\tadvise the non-member spouse that the interest has been rolled over to the Southern State Superannuation Fund; and\n\t(b)\tprovide the non-member spouse with a membership identification number and any other information that, according to a determination of the Treasurer, may be of assistance to the non-member spouse.\n8—Procedure for payment of pension to non-member spouse (section 17I of Act)\nFor the purposes of section 17I(4) of the Act, if the interest of a non-member spouse following service of a splitting instrument is a pension, and the non-member spouse has not directed that the pension be commuted to a lump sum, the following provisions apply:\n\t(a)\tthe Treasurer must—\n\t(i)\tsplit the relevant pension within 14 days of receipt of the splitting instrument; and\n\t(ii)\tadvise the non-member spouse of the value of the interest and the basis of any adjustments that have been, or will be, applied to the interest;\n\t(b)\tthe non-member spouse must, before the Treasurer can commence payment of the pension—\n\t(i)\tadvise the Treasurer of their name, address, date of birth and bank account details; and\n\t(ii)\tprovide any other relevant information at the request of the Treasurer (including documents verifying the non-member spouse's personal details).\nSchedule 1—Factors for determination of associate pension\n\n\nSchedule 2—Revocation of Judges' Pensions Regulations 2003\nThe Judges' Pensions Regulations 2003 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2018\n197\nGazette 2.8.2018 p3023 \n2.8.2018: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose: implementing the pension splitting mechanisms introduced by amendments to the Judges' Pensions Act 1971 (specifically sections 17H and 17I). The 2018 version replaces the 2003 regulations without apparent expansion beyond the core function of providing administrative and mathematical machinery for family law splits."},"complexity_factors":["Actuarial interpolation formulas requiring calculation between age brackets (section 6(2))","Extensive commutation factor table with 40 age brackets and sliding scale values (section 5)","Cross-references to specific subsections of the parent Act (sections 17H and 17I) without reproducing that context","Multiple conditional pathways (lump sum vs associate pension vs rollover vs death scenarios)","Schedule 1 referenced but not fully reproduced in the provided text (actuarial conversion factors table)","Defined terms limited to 'Act' only, but relies on undefined terms from parent legislation ('non-member spouse', 'operative time', 'splitting instrument', 'interest')"],"plain_english_summary":"**What this does:**\n\nThese regulations set out the practical rules for how a judge's pension gets divided up when a couple separates or divorces — specifically, what happens to the non-judge spouse's share (called the \"non-member spouse\").\n\n**Who it affects:**\n\n- **Judges** in South Australia who have pension entitlements under the Judges' Pensions Act 1971\n- **Former spouses or partners** of judges who are entitled to a share of that pension through a family law property settlement (called a \"splitting instrument\")\n- **Legal representatives** of deceased former spouses who need to deal with pension entitlements\n\n**The key choices and rules:**\n\nWhen a judge's pension is split, the former spouse has three main options:\n\n1. **Take a lump sum** — they can elect to convert their share to a one-off cash payment. The amount depends on the judge's age at the time, using a sliding scale (the older the judge, the less you get per dollar of annual pension). They must decide within **3 months**.\n\n2. **Take an \"associate pension\"** — they can convert their share into a separate pension paid to them for life. The calculation uses actuarial factors based on both people's ages and genders.\n\n3. **Do nothing** — if they don't make a choice within **28 days** of being notified, their share gets automatically rolled over into South Australia's main public superannuation fund (Southern State Superannuation Fund).\n\n**If the former spouse dies:**\n\nTheir legal representative can elect to commute (convert) any pension they were receiving into a lump sum, but must do so within **6 months** of death.\n\n**Why it matters:**\n\nFamily law settlements involving defined benefit pensions are notoriously complex. These regulations provide the mathematical formulas, time limits, and administrative procedures that make the splitting process actually work. Without these rules, former spouses of judges wouldn't know how much they're entitled to, how to get it, or what happens if they miss deadlines."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not accessible. The URL returned a page-not-found error, meaning no content was available for analysis."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the actual document","Complexity cannot be meaningfully assessed without access to the substantive content","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Judges' Pensions Regulations 2018 (SA) is a subordinate instrument setting the detailed rules for judicial pension entitlements in South Australia — how benefits are determined, who qualifies, and how payments and survivor/dependent arrangements operate.  \n\nIt primarily affects current and former SA judges, their spouses/partners and dependants, and the government agencies that administer judicial pensions."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations revoke the Judges' Pensions Regulations 2003 (Schedule 2) and replace them with specific rules on commutation rates, election timeframes, associate‑pension calculation (interpolation from Schedule 1) and detailed notice/payment procedures, thereby changing the prior regulatory detail and administrative procedures governing non‑member spouse entitlements."},"complexity_factors":["Detailed commutation table with age bands and dollar ranges for each $1 of annual pension (reg 5) — many discrete bands increase calculation complexity.","Interpolation requirement to derive conversion factors for associate pensions between whole-year ages using Schedule 1 tables (reg 6(2) and Schedule 1).","Multiple strict deadlines for elections and post-death elections (3 months, 6 months) and short administrative timeframes for notices/rollovers (reg 4(1)–(2); reg 6(1); reg 7(1)(b)(i); reg 7(2)).","Prescriptive notice content and rollover procedures that create administrative compliance burdens (reg 7(1)–(2)).","Operational duties placed on the Treasurer to split pensions, give value and adjustment information, and make determinations about what information to provide (reg 7(1)(b), reg 7(2), reg 8(a)).","Pre-payment verification requirements (identity, bank details, supporting documents) that delay commencement of pension payments until satisfied (reg 8(b)).","Revocation of prior 2003 Regulations (Schedule 2) — may change prior practices and require transitional administrative updates."],"plain_english_summary":"These regulations set the precise rules for splitting and converting judges' pension entitlements for non-member spouses and their legal representatives. They fix election deadlines, specify dollar commutation rates by the member spouse’s age, prescribe how an \"associate pension\" is calculated (using interpolation of conversion factors), and require particular notices and payment steps. This affects non-member spouses, their representatives and the Treasurer’s office because it determines timing, documentation and the lump‑sum versus ongoing pension outcomes."}},"importantCases":[],"_links":{"self":"/api/acts/judges-pensions-regulations-2018","history":"/api/acts/judges-pensions-regulations-2018/history","analysis":"/api/acts/judges-pensions-regulations-2018/analysis","conflicts":"/api/acts/judges-pensions-regulations-2018/conflicts","importantCases":"/api/acts/judges-pensions-regulations-2018/important-cases","documents":"/api/acts/judges-pensions-regulations-2018/documents"}}