{"id":"parliamentary-superannuation-regulations-2018","name":"Parliamentary Superannuation Regulations 2018","slug":"parliamentary-superannuation-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236238,"registerId":"sa-parliamentary-superannuation-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Superannuation Regulations 2018","content":"South Australia\nParliamentary Superannuation Regulations 2018\nunder the Parliamentary Superannuation Act 1974\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tAdditional contributions by PSS 3 members (section 14B of Act)\n5\tPrescribed offices and positions (section 19 of Act)\n6\tRight of non‑member spouse or legal representative to apply for commutation (section 23G of Act)\n7\tCommutation factors for non‑member spouse and legal representative (section 23G of Act)\n8\tAssociate pension (section 23G of Act)\n9\tProcedure for payment of lump sum to non‑member spouse (section 23H of Act)\n10\tProcedure for payment of pension to non‑member spouse (section 23H of Act)\n11\tAdditional invalidity/death insurance (section 36 of Act)\nSchedule 1—Factors for determination of associate pension\nSchedule 2—Revocation of Parliamentary Superannuation Regulations 2003\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Parliamentary Superannuation 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 Parliamentary Superannuation Act 1974.\n4—Additional contributions by PSS 3 members (section 14B of Act)\nFor the purposes of section 14B(4) of the Act, the prescribed amount is $50.\n5—Prescribed offices and positions (section 19 of Act)\nThe following offices and positions are declared to be prescribed offices and positions for the purposes of section 19 of the Act:\n\t(a)\tmembership of the Parliament of the Commonwealth or of the Parliament of any State or Territory of the Commonwealth except South Australia;\n\t(b)\tan office by virtue of which the holder of the office is a Judge as defined by section 4 of the Judges' Pensions Act 1971;\n\t(c)\tjudicial office established by the Commonwealth of Australia Constitution Act or by a law of the Commonwealth.\n6—Right of non‑member spouse or legal representative to apply for commutation (section 23G of Act)\n\t(1)\tFor the purposes of section 23G(2)(b) of the Act, a non‑member spouse who is entitled to have the whole of their share in a superannuation interest 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 23G(7) 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.\n7—Commutation factors for non‑member spouse and legal representative (section 23G of Act)\nThe following table sets out commutation factors for—\n\t(a)\ta non‑member spouse who elects under section 23G(2)(b) of the Act to have their share of a superannuation interest commuted to a lump sum; and\n\t(b)\tthe legal representative of a deceased non‑member spouse who elects under section 23G(7) 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\n8—Associate pension (section 23G of Act)\n\t(1)\tFor the purposes of section 23G(2)(a)(ii) of the Act, notice of an election by a non‑member spouse to have the whole of a share of a superannuation interest 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 Board.\n\t(2)\tFor the purposes of section 23G(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 23G(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.\n9—Procedure for payment of lump sum to non‑member spouse (section 23H of Act)\n\t(1)\tFor the purposes of section 23H(3) of the Act, notice given by the Board 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 Fund.\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 Board 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 Board, may be of assistance to the non‑member spouse.\n10—Procedure for payment of pension to non‑member spouse (section 23H of Act)\nFor the purposes of section 23H(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 Board 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 Board can commence payment of the pension—\n\t(i)\tadvise the Board 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 Board (including documents verifying the non‑member spouse's personal details).\n11—Additional invalidity/death insurance (section 36 of Act)\n\t(1)\tThis regulation prescribes the manner in which premiums payable in respect of voluntary invalidity/death insurance (that is, additional invalidity/death insurance) taken out by a PSS 3 member pursuant to an election made under section 36 of the Act are to be paid and credited to the Triple S scheme.\n\t(2)\tPremiums are to be paid from amounts salary sacrificed by PSS 3 members and, for this reason, a PSS 3 member cannot elect to take out voluntary invalidity/death insurance unless the member has elected to make a superannuation salary sacrifice of an amount sufficient to cover the cost of the premiums in addition to any administration fees.\n\t(3)\tIf a PSS 3 member elects to take out voluntary invalidity/death insurance, the following provisions apply:\n\t(a)\tfollowing acceptance by the Triple S Board of the member's application for the insurance, the Board is to transfer to the Triple S Board from time to time an amount, to be credited to an account maintained by the Triple S Board in the name of the member, sufficient to maintain a balance in that account from which the cost of premiums payable in respect of the insurance, in addition to any administration fees, can be charged;\n\t(b)\tan amount transferred to the Triple S Board under paragraph (a) is to be taken from salary sacrifice payments made for the member;\n\t(c)\tan amount equivalent to any amount transferred under paragraph (a) must be debited against the member's Government contribution account.\n\t(4)\tIn this regulation—\nadditional invalidity/death insurance means additional invalidity/death insurance provided under the Southern State Superannuation Act 2009;\nsalary sacrifice payment for a member means a payment made into the PSS 3—Government Contributions Division of the Fund in respect of the member pursuant to section 14C(2) of the Act;\nTriple S Board means the South Australian Superannuation Board.\nSchedule 1—Factors for determination of associate pension\n\n\nSchedule 2—Revocation of Parliamentary Superannuation Regulations 2003\nThe Parliamentary Superannuation 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\n196\nGazette 2.8.2018 p3015 \n2.8.2018: r 2\n","sortOrder":0}],"analysis":{"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 cannot be assessed — the legislative text was not available for review. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No actual legislative text was retrieved — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its substantive content","Complexity of the actual regulations cannot be assessed without access to the text","Parliamentary superannuation schemes are typically moderately complex in practice, but this cannot be confirmed here"],"plain_english_summary":"These regulations set the detailed rules governing superannuation arrangements for South Australian Members of Parliament. They determine how parliamentary retirement benefits are administered—who is eligible, how contributions and benefits are calculated, and the procedures for payment and recordkeeping.\n\nThey affect current and former MPs (and potentially dependants) and matter because they define MPs’ retirement entitlements and the administrative framework that delivers them."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for the South Australian parliamentary superannuation scheme. The coverage of family law splits, contribution rules, and insurance aligns with the expected scope of regulations under the 1974 Act. No significant scope creep detected."},"complexity_factors":["Mathematical interpolation formulas in regulation 8 requiring actuarial knowledge to apply","Extensive commutation factor table in regulation 7 with 40 age brackets and sliding scale values","Cross-references to multiple external schemes: Triple S (Southern State Superannuation), PSS 3, and the 1974 Act","Defined terms scattered throughout (not consolidated in interpretation section) including 'additional invalidity/death insurance', 'salary sacrifice payment', 'Triple S Board'","Nested procedural requirements with multiple time limits (3 months, 6 months, 14 days, 28 days)","Interaction with federal family law (superannuation splitting instruments) requiring understanding of both state and Commonwealth frameworks"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the detailed rules for South Australia's parliamentary superannuation scheme — the retirement savings plan for members of the South Australian Parliament. They work alongside the main **Parliamentary Superannuation Act 1974** (the parent law) to fill in the practical details.\n\n**Key things covered:**\n\n- **Extra contributions:** Members in the PSS 3 scheme (a specific category of parliamentarians) can make additional voluntary contributions of $50.\n\n- **What counts as \"prescribed offices\":** Clarifies that serving in other Australian parliaments (federal, other states, territories) or holding judicial office counts as relevant service for superannuation purposes.\n\n- **Family law splits:** Sets out what happens when a parliamentarian's super is divided after relationship breakdown (divorce or separation). This includes:\n  - Time limits for ex-partners (\"non-member spouses\") to choose between taking a lump sum or a pension\n  - Mathematical formulas to calculate how much a lump sum is worth based on the parliamentarian's age\n  - Rules for converting a share into an ongoing \"associate pension\"\n  - Administrative steps the super fund must follow to notify ex-partners and process payments\n\n- **Extra insurance:** Allows PSS 3 members to buy additional death and disability insurance, paid for through salary sacrifice (where you give up part of your salary to put into super).\n\n- **Housekeeping:** Revokes the old 2003 regulations.\n\n**Who it affects:**\n\n- Current and former South Australian parliamentarians in the PSS 3 scheme\n- Their ex-partners or deceased estates dealing with superannuation splits\n- The superannuation fund administrators (the Board)\n\n**Why it matters:**\n\nSuperannuation is often one of the biggest assets in a relationship. These regulations ensure that when parliamentarians separate from their partners, there's a clear, fair process for dividing those retirement savings — with specific deadlines, calculations, and protections for both parties."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. These regulations replace the Parliamentary Superannuation Regulations 2003 (Schedule 2) and set new operational detail: they prescribe a $50 PSS‑3 contribution (r4), define prescribed offices (r5), fix election windows and commutation factors for non‑member spouses and representatives (rr6–8 and Schedule 1), set Board notice and processing procedures (rr9–10), and mandate how voluntary invalidity/death insurance premiums are paid and credited to the Triple S scheme (r11)."},"complexity_factors":["Cross-references to multiple Act provisions (sections 14B, 19, 23G, 23H, 36 of the Act) increase interpretive complexity and require reading both instruments together (regs rr4,5,6–11).","Detailed commutation table with many age bands and non-linear dollar ranges for lump‑sum conversion (r7) creates practical calculation work and potential edge cases at band boundaries.","Associate pension calculation requires interpolation between factors from Schedule 1 and uses member/non‑member ages and months — a technical actuarial step (r8(2) referencing Schedule 1).","Multiple time limits and election windows create compliance risk: 3‑month and 6‑month election deadlines for spouses and representatives (r6(1)–(2)); 28‑day and 14‑day notice/processing periods for Board actions (r9(1)(b)(i), r9(2), r10(a)(i)).","Administrative duties on the Board to advise, split pensions and provide member information within set timeframes impose operational requirements (rr9–10).","Insurance premium mechanics require salary sacrifice, transfer to Triple S and a corresponding debit to the member's Government contribution account — shifting who pays and how funds flow (r11(2)–(3)).","Revocation of the 2003 regulations (Schedule 2) means prior rules are displaced; implementers must ensure transition to the new regime (Schedule 2)."],"plain_english_summary":"These regulations set practical rules for parliamentary superannuation: they fix a $50 prescribed extra contribution for PSS‑3 members, identify which offices count as prescribed, give deadlines and conversion factors for non‑member spouses or their legal representatives to convert pension shares to lump sums or take associate pensions, prescribe Board notice and payment procedures, and require voluntary invalidity/death insurance premiums to be paid from salary‑sacrifice amounts. The changes affect members, spouses, legal representatives, the administering Board and the Triple S scheme by reallocating payment responsibility and adding precise administrative steps."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-superannuation-regulations-2018","history":"/api/acts/parliamentary-superannuation-regulations-2018/history","analysis":"/api/acts/parliamentary-superannuation-regulations-2018/analysis","conflicts":"/api/acts/parliamentary-superannuation-regulations-2018/conflicts","importantCases":"/api/acts/parliamentary-superannuation-regulations-2018/important-cases","documents":"/api/acts/parliamentary-superannuation-regulations-2018/documents"}}