{"id":"nsw:sl-1995-0395","name":"New South Wales Retirement Benefits (Savings and Transitional) Regulation 1995","slug":"new-south-wales-retirement-benefits-savings-and-transitional-regulation-1995","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"395 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180650,"registerId":"nsw-nsw:sl-1995-0395-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation may be cited as the [New South Wales Retirement Benefits (Savings and Transitional) Regulation 1995](/view/html/inforce/current/sl-1995-0395).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Declaration as to certain periods of employment","content":"#### 2 Declaration as to certain periods of employment\n\n2 Declaration as to certain periods of employment\n\n> > (1) The Board may, by its order, declare that the whole or any part of a period of continuous employment served by an employee with a former employer is a period of service for the purposes of the Act.\n> \n> > (2) A period of service declared in relation to an employee in an order in force under this Regulation is a period of service for the purposes of the Act in relation to that employee.\n> \n> > (3) In this clause, the Act means the [New South Wales Retirement Benefits Act 1972](/view/html/inforce/current/act-1972-070).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Requirements for order","content":"#### 3 Requirements for order\n\n3 Requirements for order\n\n> > (1) The Board is not to make an order referred to in this Regulation unless:\n> > \n> > > (a) it has received a written application for the order, and\n> > \n> > > (b) it is satisfied that the period of service concerned was concluded by an involuntary termination.\n> \n> > (2) In this clause, involuntary termination means a termination of employment of an employee:\n> > \n> > > (a) because of the retrenchment of the employee, or\n> > \n> > > (b) by the employee’s former employer because of the employee’s infirmity of mind or body that, at the time, temporarily incapacitated the employee from performing his or her duties, whether or not that incapacity was work-related, or\n> > \n> > > (c) by the employee’s former employer at the end of the employee’s apprenticeship, because a suitable appointment with that former employer was not available, or\n> > \n> > > (d) because of pressing domestic necessity, or\n> > \n> > > (e) for any other reason agreed by both the Board and the former employer as giving rise to an involuntary termination of the employee’s employment,\n> > \n> > but does not include a termination of employment arising from voluntary resignation, or from resignation or dismissal as a result of disciplinary action by the former employer.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Grounds for refusal of order","content":"#### 4 Grounds for refusal of order\n\n4 Grounds for refusal of order\n\n> The Board may refuse to make an order referred to in this Regulation for any of the following reasons:\n> \n> > (a) the applicant for the order has not supplied the Board with a certificate from the former employer certifying:\n> > \n> > > (i) the circumstances in which the employment of the employee with the former employer was terminated, and\n> > \n> > > (ii) the period of continuous employment of the employee with the former employer up to that termination,\n> \n> > (b) the Board has requested the applicant to furnish it with particulars reasonably related to the question of whether the order should be made and the applicant has not supplied those particulars,\n> \n> > (c) for any other reason that the Board considers sufficient.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal","content":"#### 5 Repeal\n\n5 Repeal\n\n> > (1) The New South Wales Retirement Benefits Regulation 1983 is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the New South Wales Retirement Benefits Regulation 1983 had effect under that Regulation, is taken to have effect under this Regulation.","sortOrder":4}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation repeals the 1983 instrument but clause 5(2) preserves any act, matter or thing that had effect under the old Regulation, so the practical scope of who can have past employment recognised is maintained rather than expanded or narrowed (cl.5(1)-(2))."},"complexity_factors":["Application and evidence requirement: applicant must submit a written application and an employer’s certificate certifying termination circumstances and service period (cl.3(1)(a); cl.4(a)(i)-(ii)).","Detailed eligibility trigger: involuntary termination is defined by several specific grounds (retrenchment, incapacity, end of apprenticeship, pressing domestic necessity, or agreed other reasons) which requires factual assessment (cl.3(2)(a)-(e)).","Administrative discretion: the Board has broad refusal powers including for any reason it considers sufficient, creating discretionary decision-making (cl.4(c)).","Procedural conditionality: Board will not make an order without receiving requested particulars, exposing applicants to evidentiary and compliance burden (cl.3(1)(a); cl.4(b)).","Transitional preservation: repeal of the 1983 Regulation while preserving prior effects requires mapping existing determinations into the new instrument (cl.5(1)-(2))."],"plain_english_summary":"This Regulation lets the Board declare that all or part of an employee’s earlier continuous employment with a former employer counts as service under the Retirement Benefits Act, if the employee applies and the Board is satisfied the employment ended involuntarily. It repeals the 1983 Regulation while carrying forward actions that already had effect. It affects employees seeking recognition of past service for retirement entitlements; the Board decides and applicants must provide a written application and an employer’s certificate."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the regulation appears to have remained in its original form since commencement on 25 August 1995, with no amendments recorded. Its scope — preserving and transitioning existing retirement benefit entitlements at a specific point in time — appears consistent with its original purpose as a savings and transitional instrument."},"complexity_factors":["The actual substantive content of the regulation is not reproduced in the provided text — only metadata and status information is available, limiting full analysis","Transitional regulations can involve cross-referencing between old and new legislative schemes, which adds inherent complexity","Retirement benefits law (superannuation) typically involves financial, actuarial and employment law concepts that can be technically dense","The regulation is narrow in scope — it deals with a specific historical transition point — which limits overall complexity","No amendments have been made since 1995, suggesting the regulation is stable and self-contained"],"plain_english_summary":"This transitional regulation protects accrued retirement benefits of NSW public sector employees who were members of pre‑1995 superannuation schemes, preserving rights and entitlements when law changed. It ensures people aren’t disadvantaged by the new arrangements and converts their existing benefits into the transitional framework.\n\nIt has been in force since 25 August 1995 and remains in its original, unamended form."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: providing a mechanism for recognising prior service after involuntary terminations. The 1995 version appears to be a straightforward re-enactment of the 1983 regulation it replaces (clause 5), with savings provisions ensuring continuity. No scope creep is evident."},"complexity_factors":["Only 5 clauses total, with minimal cross-referencing","Single defined term ('involuntary termination') with an explicit 5-part definition plus exclusions","Straightforward procedural requirements (written application, employer certificate)","No nested exceptions or conditional logic beyond the basic definition structure","Minimal interaction with parent Act — only one reference to the New South Wales Retirement Benefits Act 1972"],"plain_english_summary":"This regulation helps certain New South Wales public sector workers keep their retirement benefits when they move between jobs under difficult circumstances.\n\n**What it does:**\n- Allows the **Board** (the government body managing public sector superannuation) to officially recognise past employment periods with previous government employers as \"service\" for superannuation purposes.\n- This matters because your total years of \"service\" typically determine how much pension or superannuation you receive when you retire.\n\n**Who it affects:**\n- Public sector employees who left a former government employer due to circumstances beyond their control — what the regulation calls **\"involuntary termination.\"**\n\n**What counts as \"involuntary termination\":**\n- Being retrenched (made redundant)\n- Being terminated due to illness or injury (whether work-related or not)\n- Apprentices whose employment ended because no suitable job was available\n- Leaving due to \"pressing domestic necessity\" (serious family emergencies)\n- Other reasons agreed between the Board and the former employer\n\n**What does NOT count:**\n- Quitting voluntarily\n- Resigning or being sacked due to misconduct\n\n**How it works:**\n- The employee (or someone on their behalf) must apply in writing to the Board.\n- The Board needs proof from the former employer about why the employment ended and how long the person worked there.\n- The Board can refuse the application if information is missing or for any other reason it considers valid.\n\n**Why it matters:**\nWithout this regulation, someone who was retrenched or left due to illness might lose credit for years of public service when calculating their retirement benefits. This provides a safety net for workers whose careers were interrupted through no fault of their own."}},"importantCases":[],"_links":{"self":"/api/acts/new-south-wales-retirement-benefits-savings-and-transitional-regulation-1995","history":"/api/acts/new-south-wales-retirement-benefits-savings-and-transitional-regulation-1995/history","analysis":"/api/acts/new-south-wales-retirement-benefits-savings-and-transitional-regulation-1995/analysis","conflicts":"/api/acts/new-south-wales-retirement-benefits-savings-and-transitional-regulation-1995/conflicts","importantCases":"/api/acts/new-south-wales-retirement-benefits-savings-and-transitional-regulation-1995/important-cases","documents":"/api/acts/new-south-wales-retirement-benefits-savings-and-transitional-regulation-1995/documents"}}