{"id":"F2018L01192","name":"Military Superannuation and Benefits (Eligible Members) Declaration 2018","slug":"military-superannuation-and-benefits-eligible-members-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97864,"registerId":"commonwealth-F2018L01192-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Military Superannuation and Benefits (Eligible Members) Declaration 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under paragraph (f) of the definition of eligible member in subsection 30(1) of the Military Superannuation and Benefits Act 1991, as it continues to apply under item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Military Superannuation and Benefits Act 1991, as it continues to apply under item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005.\n\n> commencement day means the day this instrument commences.\n\n> retention benefit means a retention benefit mentioned in subsection 32(1) or (3) of the Act.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Eligible members","content":"#### 6 Eligible members\n\n For the purposes of paragraph (f) of the definition of eligible member in subsection 30(1) of the Act, a person is an eligible member if:\n (a) the person:\n (i) is included in an employment category specified in an item of the table in clause 1, 2 or 3 of Schedule 1; and\n (ii) holds a rank specified for the category in that item; and\n (iii) meets the conditions specified for the category in that item; or\n (b) the person is an individual specified in Schedule 2.","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Army","content":"#### 2 Army\n\n The following table specifies employment categories, ranks and conditions for the Army.\n\n```html\n

Army

Item

Employment category

Rank

Conditions

2.1

Operating Theatre Technician

Any rank

The person:

(a) was included in the employment category at any time between 1 October 1991 and 9 January 2012; and

(b) had become eligible, no later than 9 January 2012, to receive retention benefit.

2.2

Aircraft Life Support Fitter

Corporal

The person:

(a) was included in the employment category at any time between 13 February 1998 and 29 September 2015; and

(b) had become eligible, before 30 September 2015, to receive retention benefit.

2.3

Aircraft Structural Fitter

Corporal

The person:

(a) was included in the employment category at any time between 23 April 1999 and 29 September 2015; and

(b) had become eligible, before 30 September 2015, to receive retention benefit.

2.4

Aircrewman Loadmaster

Corporal

The person:

(a) was included in the employment category at any time between 10 May 2001 and 24 October 2009; and

(b) had become eligible, before 25 October 2009, to receive retention benefit.

2.5

Illustrator Reprographic

Corporal

The person:

(a) was included in the employment category at any time between 10 May 2001 and 24 October 2009; and

(b) had become eligible, before 25 October 2009, to receive retention benefit.

2.6

Recovery Mechanic

Corporal

The person:

(a) was included in the employment category at any time between 10 May 2001 and 24 October 2009; and

(b) had become eligible, before 25 October 2009, to receive retention benefit.

2.7

Cook

Corporal

The person:

(a) was included in the employment category at any time between 10 May 2001 and 9 January 2012; and

(b) had become eligible, no later than 9 January 2012, to receive retention benefit.

2.8

Steward

Corporal

The person:

(a) was included in the employment category at any time between 10 May 2001 and 9 January 2012; and

(b) had become eligible, no later than 9 January 2012, to receive retention benefit.

2.9

Specialist Health Services—Officer

Lieutenant

The person:

(a) was included in the employment category at any time between 22 July 2002 and 29 September 2015; and

(b) had become eligible, before 30 September 2015, to receive retention benefit.

2.10

Specialist Service Officer—SSO Pilot

Lieutenant

The person is included in the employment category at any time on or after 22 July 2002.

2.11

Fire Fighter

Corporal

The person:

(a) was included in the employment category at any time between 22 July 2002 and 24 October 2009; and

(b) had become eligible, before 25 October 2009, to receive retention benefit.

2.12

Special Air Service Trooper

Corporal

The person:

(a) was included in the employment category at any time between 22 July 2002 and 24 October 2009; and

(b) had become eligible, before 25 October 2009, to receive retention benefit.

2.13

Supervisor Rigger Parachute

Corporal

The person:

(a) was included in the employment category at any time between 22 July 2002 and 24 October 2009; and

(b) had become eligible, before 25 October 2009, to receive retention benefit.

2.14

Technician—Dental

Corporal

The person:

(a) was included in the employment category at any time between 22 July 2002 and 9 January 2012; and

(b) had become eligible, no later than 9 January 2012, to receive retention benefit.

2.15

Technician—Aircraft

Corporal

The person:

(a) was included in the employment category at any time between 23 June 2003 and 9 January 2012; and

(b) had become eligible, no later than 9 January 2012, to receive retention benefit.

2.16

Technician—Avionics

Corporal

The person:

(a) was included in the employment category at any time between 23 June 2003 and 29 September 2015; and

(b) had become eligible, before 30 September 2015, to receive retention benefit.

2.17

Operator Emergency Responder

Corporal

The person:

(a) was included in the employment category at any time between 16 September 2005 and 9 January 2012; and

(b) had become eligible, no later than 9 January 2012, to receive retention benefit.

2.18

Mechanic Vehicle

Corporal

The person:

(a) was included in the employment category at any time between 16 September 2005 and 9 January 2012; and

(b) had become eligible, no later than 9 January 2012, to receive retention benefit.

2.19

Radiographer Officer

Captain

The person:

(a) was included in the employment category at any time between 16 September 2005 and 3 November 2016; and

(b) had become eligible, before 4 November 2016, to receive retention benefit.

2.20

Aircrewman

Corporal

The person is included in the employment category at any time on or after 24 October 2009.

2.21

Multimedia Technician

Corporal

The person is included in the employment category at any time on or after 24 October 2009.

2.22

Special Air Service Trooper Grade 2/3

Corporal

The person:

(a) was included in the employment category at any time between 24 October 2009 and 16 September 2014; and

(b) had become eligible, before 17 September 2014, to receive retention benefit.

2.23

Special Air Service Trooper Grade 2/3

Trooper

The person:

(a) was included in the employment category at any time between 16 September 2014 and 3 November 2016; and

(b) had become eligible, before 4 November 2016, to receive retention benefit.

2.24

Officer Aviation Specialist Stream

Captain

The person is included in the employment category at any time on or after 1 October 2009.

2.25

Army Emergency Responder

Corporal

The person:

(a) was included in the employment category at any time between 9 January 2012 and 29 September 2015; and

(b) had become eligible, before 30 September 2015, to receive retention benefit.

2.26

Musician

Corporal

The person:

(a) was included in the employment category at any time between 9 January 2012 and 29 September 2015; and

(b) had become eligible, before 30 September 2015, to receive retention benefit.

2.27

Commando

Corporal

The person is included in the employment category at any time on or after 9 January 2012.

2.28

Commando Officer

Captain

The person is included in the employment category at any time on or after 30 September 2015.

2.29

Special Air Service Regiment (SASR) Officer

Captain

The person is included in the employment category at any time on or after 30 September 2015.

2.30

Analyst Intelligence Operations

Corporal

The person is included in the employment category at any time on or after 30 September 2015.

2.31

Carpenter

Corporal

The person is included in the employment category at any time on or after 30 September 2015.

2.32

Electrician

Corporal

The person is included in the employment category at any time on or after 30 September 2015.

2.33

Plumber

Corporal

The person is included in the employment category at any time on or after 30 September 2015.

2.34

Draughtsman Architectural

Corporal

The person is included in the employment category at any time on or after 30 September 2015.

2.35

Reporter

Corporal

The person:

(a) was included in the employment category at any time between 30 September 2015 and 3 November 2016; and

(b) had become eligible, before 4 November 2016, to receive retention benefit.

2.36

General Service Officer Pilot

Captain

The person is included in the employment category at any time on or after 30 September 2015.

2.37

Environmental Officer

Captain

The person:

(a) was included in the employment category at any time between 30 September 2015 and 3 November 2016; and

(b) had become eligible, before 4 November 2016, to receive retention benefit.

2.38

Physiotherapist

Captain

The person is included in the employment category at any time on or after 30 September 2015.

2.39

Medical Officer Doctor

Captain

The person is included in the employment category at any time on or after 30 September 2015.

2.40

Cook

Corporal

The person is included in the employment category at any time on or after 4 November 2016.

2.41

Special Air Service Trooper Grade 2/3

Corporal

The person is included in the employment category at any time on or after 4 November 2016.

\n```","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument exercises the statutory power to declare who is an 'eligible member' under paragraph (f) of subsection 30(1) of the Military Superannuation and Benefits Act 1991 (see Authority). It does not amend the Act or alter the statutory test; it applies that power by specifying employment categories, ranks, date conditions and named individuals (clause 6; Schedules 1–2). The scope is therefore an application of the existing definition rather than a change to it."},"complexity_factors":["Numerous role/rank permutations across three services requiring cross-checking (clause 6; Schedules 1, items 1–3).","Many temporal conditions and cut‑off dates (date windows and 'on or after' clauses) that demand historical verification of service records (Schedule 1 entries).","Individual-specific entries in Schedule 2 that require person-by-person validation against service numbers and dates (Schedule 2 table).","Legal cross-reference to the Act’s definition of 'eligible member' and retention benefit provisions—must be read with subsection 30(1)(f) and retention benefit references in the Act (Authority, Definitions).","Administrative and record‑keeping burden on Defence and superannuation administrators to match personnel files to the instrument’s precise criteria.","Low policy discretion in text but high accuracy requirement: small drafting or data errors affect individual entitlements."],"plain_english_summary":"This instrument names which Defence personnel count as “eligible members” under paragraph (f) of the Military Superannuation and Benefits Act 1991 for the purpose of receiving retention benefits. It does this by listing employment categories, ranks, qualifying date windows and specific individuals across Navy, Army and Air Force. Inclusion determines who may receive a retention benefit; Defence and the superannuation administrator must verify a person’s role, rank and the relevant dates against these lists before paying benefits."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2607},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument performs its statutory function of declaring eligible members under the MSB Act. While it updates specific categories and named individuals compared to previous declarations, it does not expand beyond the original legislative authority to prescribe who qualifies for retention benefits."},"complexity_factors":["Extensive tabular schedules specifying 100+ distinct employment category/rank combinations across three services","Complex date-based eligibility windows spanning from 1991 to 2019+ with specific cutoff requirements","Dual qualification pathways (category-based and individually named persons)","References to superseded legislation (1991 Act as continued by 2005 transitional provisions)","Retention of historical cutoff dates creating layered eligibility periods for different cohorts"],"plain_english_summary":"This declaration defines who qualifies as an “eligible member” for retention benefits under the Military Superannuation and Benefits Act 1991 — payments to encourage skilled Defence personnel to stay serving. Eligibility is established either by listed employment categories (specific roles, ranks and service‑date windows) or by naming individual service members, so it determines which current and former ADF personnel under the transitional superannuation arrangements can receive those retention payments."}},"importantCases":[],"_links":{"self":"/api/acts/military-superannuation-and-benefits-eligible-members-declaration-2018","history":"/api/acts/military-superannuation-and-benefits-eligible-members-declaration-2018/history","analysis":"/api/acts/military-superannuation-and-benefits-eligible-members-declaration-2018/analysis","conflicts":"/api/acts/military-superannuation-and-benefits-eligible-members-declaration-2018/conflicts","importantCases":"/api/acts/military-superannuation-and-benefits-eligible-members-declaration-2018/important-cases","documents":"/api/acts/military-superannuation-and-benefits-eligible-members-declaration-2018/documents"}}