{"id":"nsw:sl-1995-0405","name":"Public Authorities Superannuation (Early Retirement Age) (Savings and Transitional) Regulation 1995","slug":"public-authorities-superannuation-early-retirement-age-savings-and-transitional-regulation-1995","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"405 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180655,"registerId":"nsw-nsw:sl-1995-0405-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 [Public Authorities Superannuation (Early Retirement Age) (Savings and Transitional) Regulation 1995](/view/html/inforce/current/sl-1995-0405).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definition","content":"#### 2 Definition\n\n2 Definition\n\n> In this Regulation:\n> \n> the Act means the [Public Authorities Superannuation Act 1985](/view/html/inforce/current/act-1985-041).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Early retirement age","content":"#### 3 Early retirement age\n\n3 Early retirement age\n\n> > (1) For the purposes of the definition of early retirement age in section 24 of the Act, the age of 59 years is prescribed as the early retirement age, except as provided by subclause (2).\n> \n> > (2) For the purposes of section 32 of the Act (Preserved benefit), the prescribed early retirement age is the early retirement age prescribed under the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Pension not available to transferred contributor taking early retirement","content":"#### 4 Pension not available to transferred contributor taking early retirement\n\n4 Pension not available to transferred contributor taking early retirement\n\n> > (1) This clause applies to an employee:\n> > \n> > > (a) who became a contributor under the Act pursuant to:\n> > > \n> > > > (i) Schedule 6 or 7 to the Act, or\n> > > \n> > > > (ii) the [Public Authorities Superannuation (Transport Retirement Fund Closure) Regulation 1986](/view/html/inforce/current/sl-1986-0255), and\n> > \n> > > (b) who retires from employment with an employer on or after reaching the early retirement age but before reaching the age of 60 years.\n> \n> > (2) An employee to whom this clause applies may not elect to take a pension benefit instead of the benefit provided by section 26 of the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal","content":"#### 5 Repeal\n\n5 Repeal\n\n> > (1) The Public Authorities Superannuation (Early Retirement Age) Regulation 1987 is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the Public Authorities Superannuation (Early Retirement Age) Regulation 1987 had effect under that Regulation, is taken to have effect under this Regulation.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: setting early retirement age parameters and transitional protections for specific employee categories. The title accurately reflects the content — savings and transitional provisions for early retirement age. No scope creep detected."},"complexity_factors":["Only 2 defined terms (minimal interpretation section)","Short length (5 clauses total)","Single cross-reference to primary legislation (Public Authorities Superannuation Act 1985)","One nested exception structure (subclause 3(2) creates exception to subclause 3(1))","Conditional application in clause 4 requiring multiple criteria (transfer origin + age range)","Savings provision in clause 5(2) ensuring continuity of existing rights"],"plain_english_summary":"This regulation sets special rules for when certain public sector employees in New South Wales can retire early and what benefits they receive.\n\n**What it does:**\n- **Sets the early retirement age at 59** for most purposes under the Public Authorities Superannuation Act 1985 (the main law governing superannuation for NSW public authority employees).\n- **Creates an exception for preserved benefits**: For employees with preserved benefits (superannuation savings they can't access immediately), the early retirement age follows a different law — the State Authorities Superannuation Act 1987.\n- **Restricts pension choices for certain transferred employees**: Employees who transferred into this superannuation scheme from other specific schemes (under Schedules 6 or 7 of the Act, or from the Transport Retirement Fund) cannot choose to take a pension if they retire between ages 59 and 60. They must take a lump sum benefit instead.\n- **Repeals and replaces** an older 1987 regulation, while ensuring anything valid under the old rules remains valid under the new ones.\n\n**Who it affects:**\n- NSW public authority employees covered by the 1985 Act\n- Specifically, employees who transferred from other superannuation schemes (particularly transport workers)\n- Employees approaching retirement age (59–60 years)\n\n**Why it matters:**\nThis regulation protects existing arrangements ('savings provisions') while transitioning to new rules. It prevents some employees from 'double-dipping' or accessing more favourable pension terms than were originally intended when they transferred between schemes. The age 59 threshold allows earlier retirement than the standard age 60, but with restricted options for certain groups."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation repeals the earlier 1987 regulation but saves any acts or rights that existed immediately before repeal, so it carries forward previous effects while restating the early retirement age and limiting the pension election for a narrowly defined class of transferred contributors (cl.5(1)–(2); cl.3–4)."},"complexity_factors":["Numeric prescription of an age (straightforward operational rule) (cl.3(1))","Cross-reference to the State Authorities Superannuation Act 1987 for preserved benefits, requiring look‑up of another Act to determine effect (cl.3(2))","Targeted application to transferred contributors via Schedule 6/7 and a 1986 regulation, necessitating tracing of transfer pathways and membership history (cl.4(1)(a))","Removal of a member election (pension v. section 26 benefit) for a defined class — legal and actuarial consequence for benefit choice and valuation (cl.4(2))","Repeal of the earlier regulation coupled with a savings clause, creating transitional interpretation tasks (cl.5(1)–(2))"],"plain_english_summary":"This Regulation prescribes an early retirement age of 59 for the Public Authorities Superannuation Act 1985 while preserving the State Authorities Superannuation Act 1987’s early retirement age for preserved benefits (cl.3). It removes the option to take a pension (instead of the Act’s section 26 benefit) for certain employees who transferred under specified schedules or the 1986 transport‑fund closure regulation and who retire between the prescribed early retirement age and 60, and repeals the 1987 Regulation with a savings provision (cl.4–5)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, this regulation appears to have remained exactly as made in August 1995, with no amendments recorded. It has a single point-in-time version, suggesting its scope has not changed from its original intent. It performs a narrow, specific function — managing the transitional arrangements for a change to early retirement age rules — and appears to have stayed within that original purpose."},"complexity_factors":["Deals with superannuation law, which has inherent technical complexity","Interacts with a parent Act (the Public Authorities Superannuation Act) which must be read alongside this regulation","Savings and transitional provisions require understanding of both old and new legal frameworks simultaneously","Limited actual legislative text was provided, preventing deeper analysis of specific provisions","Narrow and targeted scope limits overall complexity — it is not a broad or multi-layered instrument"],"plain_english_summary":"This regulation governs the transitional and “savings” arrangements when the early retirement age rules for NSW public authority superannuation changed in 1995, aiming to protect existing entitlements and set how the switch to new rules is handled. It affects employees of NSW public authorities who were members of the relevant superannuation scheme and had or expected early retirement rights.\n\nNote: the actual regulation text wasn’t provided; this summary is based on the title and typical legal practice."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-authorities-superannuation-early-retirement-age-savings-and-transitional-regulation-1995","history":"/api/acts/public-authorities-superannuation-early-retirement-age-savings-and-transitional-regulation-1995/history","analysis":"/api/acts/public-authorities-superannuation-early-retirement-age-savings-and-transitional-regulation-1995/analysis","conflicts":"/api/acts/public-authorities-superannuation-early-retirement-age-savings-and-transitional-regulation-1995/conflicts","importantCases":"/api/acts/public-authorities-superannuation-early-retirement-age-savings-and-transitional-regulation-1995/important-cases","documents":"/api/acts/public-authorities-superannuation-early-retirement-age-savings-and-transitional-regulation-1995/documents"}}