{"id":"nsw:sl-1990-0442","name":"State Authorities Superannuation (Hunter District Water Board Employees’ Provident Fund Transfer) (Savings and Transitional) Regulation 1990","slug":"state-authorities-superannuation-hunter-district-water-board-employees-provident-fund-transfer-savin","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"442 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180720,"registerId":"nsw-nsw:sl-1990-0442-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 [State Authorities Superannuation (Hunter District Water Board Employees’ Provident Fund Transfer) (Savings and Transitional) Regulation 1990](/view/html/inforce/current/sl-1990-0442).\n> \n> **cl 1:** Am 25.8.1995.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 July 1990.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation:\n> > \n> > employee means an employee of the Hunter Water Board.\n> > \n> > notional accumulation, in relation to a transferred contributor, means an amount equal to the sum of:\n> > \n> > > (a) the amount transferred to the SAS Fund under clause 5 (4) (b) of this Regulation in respect of the contributor from sub-Accounts 3 and 4 of the Provident Fund, as specified in clause A8.1 a of the Trust Deed, and\n> > \n> > > (b) in respect of each “applicable contribution period” from and including 1 July 1990—an amount equal to whichever is the smaller of the following:\n> > > \n> > > > (i) 0.85 of 6 per cent of the salary of that contributor, multiplied by the salary ratio of that contributor in respect of that period, based on the rate of salary determined under section 26 of the Act (Salary basis for contributions) in respect of that period, or\n> > > \n> > > > (ii) 0.85 of 1.5 times the contributions paid or payable by that contributor in that period under the Act,\n> > \n> > together with interest at a rate or rates determined by the SAS Board, but reduced by an amount or amounts calculated in such a manner as that Board determines in respect of the costs of administering the SAS Scheme and such other charges (if any) as are determined by that Board.\n> > \n> > Provident Fund means the Hunter District Water Board Employees’ Provident Fund established by the Trust Deed.\n> > \n> > Provident Scheme means the superannuation scheme established by the Trust Deed.\n> > \n> > SAS Board means the State Authorities Superannuation Board established under the [Superannuation Administration Act 1987](/view/pdf/asmade/act-1987-210).\n> > \n> > SAS Fund means the State Authorities Superannuation Fund.\n> > \n> > SAS Scheme means the State Authorities Superannuation Scheme established by the Act.\n> > \n> > the Act means the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211).\n> > \n> > the Trust Deed means the Hunter District Water Board Employees’ Provident Fund Trust Deed.\n> > \n> > transfer date means 1 July 1990.\n> > \n> > transferred contributor means a person who has become a contributor to the Fund by virtue of clause 5.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of certain definitions to transferred contributor","content":"#### 4 Application of certain definitions to transferred contributor\n\n4 Application of certain definitions to transferred contributor\n\n> > (1) For the purposes of applying the Act to a transferred contributor, the contributor’s entry date is to be taken to be the date or, if more than one, the latest date on which the transferred contributor commenced employment with the Hunter Water Board.\n> \n> > (2) For the purposes of applying section 36 of the Act (Definitions) to a transferred contributor, that contributor’s average contribution rate per cent referred to in the definition of prospective benefit points in that section is to be construed in such a way as to exclude from calculation any period which occurred before the transfer date.\n> \n> > (3) In relation to a transferred contributor, the definition of accrued benefit points in section 36 of the Act is to be construed as if the reference in that definition to contributed points figures included a reference to the number of transferred benefit points for the contributor calculated in accordance with clause 6 (1).\n> \n> > (4) For the purposes of applying the definition of final average salary in section 36 of the Act to a transferred contributor, that definition is to be read as if the contributor had become a new contributor on the transfer date.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of certain Hunter Water Board employees to the State Authorities Superannuation Scheme","content":"#### 5 Transfer of certain Hunter Water Board employees to the State Authorities Superannuation Scheme\n\n5 Transfer of certain Hunter Water Board employees to the State Authorities Superannuation Scheme\n\n> > (1) An employee who, immediately before the transfer date, was a contributor to the Provident Fund is, on that date, to be taken to have become a contributor to the SAS Fund by virtue of having made an election under section 19 of the Act (Election to contribute to the Fund).\n> \n> > (2) When an employee becomes a contributor to the SAS Fund in accordance with subclause (1):\n> > \n> > > (a) the employee ceases to be a contributor to the Provident Fund, and\n> > \n> > > (b) no benefit under the Provident Scheme is payable to or in respect of that employee.\n> \n> > (3) A transferred contributor may, at any time, make an application under section 20 of the Act (Additional benefit), subject to that section.\n> \n> > (4) As soon as practicable after the transfer date, the Trustees of the Provident Fund must, in respect of each transferred contributor, transfer to the SAS Fund:\n> > \n> > > (a) the amount standing to the contributor’s credit in sub-Accounts 1 and 2 of the contributor’s account in the Provident Fund, as specified in clause A8.1 a of the Trust Deed, as at the transfer date, and\n> > \n> > > (b) any interest or earnings payable to sub-Account 1 or 2 in respect of the contributor under clause A8.2 of the Trust Deed for any period up to the transfer date, and\n> > \n> > > (c) the amount standing to the contributor’s credit in sub-Accounts 3 and 4 of the contributor’s account in the Provident Fund, as specified in clause A8.1 a of the Trust Deed, as at the transfer date, and\n> > \n> > > (d) any interest to earnings payable to sub-Account 3 or 4 in respect of the contributor under clause A8.2 of the Trust Deed for any period up to the transfer date, and\n> > \n> > > (e) any amount payable to sub-Account 4 in respect of the contributor under clause B6 c of the Trust Deed.\n> \n> > (5) On receipt of the amounts transferred to it in accordance with subclause (4), the SAS Board must:\n> > \n> > > (a) establish an account in respect of that contributor under section 12 (1) of the Act (Contributors’ accounts), and\n> > \n> > > (b) credit to that account the amounts relating to the contributor referred to in subclause (4) (a) and (b), and\n> > \n> > > (c) credit to the appropriate employer reserve in the SAS Fund the amounts referred to in subclause (4) (c)–(e) that relate to the contributor.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Benefit points to be credited to a transferred contributor","content":"#### 6 Benefit points to be credited to a transferred contributor\n\n6 Benefit points to be credited to a transferred contributor\n\n> > (1) A transferred contributor is, in respect of his or her service before the transfer date, entitled to the number of transferred benefit points calculated in accordance with the following formula:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0442)%20AND%20(Year%3D1990)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where:\n> > \n> > P represents the initial points credit, and\n> > \n> > E represents the amount relating to the contributor which was credited to the appropriate employer reserve in the SAS Fund in accordance with clause 5 (5) (c) of this Regulation from sub-Accounts 3 and 4 of the Provident Fund, as specified in clause A8.1 a of the Trust Deed, and\n> > \n> > W represents the contributor’s annual salary at the transfer date.\n> \n> > (2) For the purposes of subclause (1), salary has the same meaning as in section 4 of the Act (Salary).\n> \n> > (3) The SAS Board may round off the number of a transferred contributor’s accrued transferred benefit points to not less than one decimal place, as it thinks fit.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Contribution rates","content":"#### 7 Contribution rates\n\n7 Contribution rates\n\n> > (1) An employee who becomes a transferred contributor may elect to contribute to the SAS Fund at a rate of contribution specified in section 19 of the Act.\n> \n> > (2) If such an employee has failed to make an election under subclause (1) by the transfer date, the employee is to be taken to have elected on that date to contribute at the rate at which he or she was contributing to the Provident Fund.\n> \n> > (3) If the rate at which the employee was contributing to the Provident Fund, as referred to in subclause (2), was a rate other than 1, 2, 3, 4, 5, 6, 7, 8 or 9 per cent, that rate is to be rounded up to the nearest percentage point.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Minimum benefit for transferred contributors on death or invalidity","content":"#### 8 Minimum benefit for transferred contributors on death or invalidity\n\n8 Minimum benefit for transferred contributors on death or invalidity\n\n> > (1) This clause applies to a transferred contributor who:\n> > \n> > > (a) is not eligible to apply for the additional benefit, or\n> > \n> > > (b) does not make an application for additional benefit coverage under section 20 of the Act, or\n> > \n> > > (c) makes an application for such additional benefit coverage but the application is refused.\n> \n> > (2) If a benefit under:\n> > \n> > > (a) section 38 of the Act (Benefit on death before early retirement age), or\n> > \n> > > (b) section 39 of that Act (Benefit on total and permanent invalidity before early retirement age), or\n> > \n> > > (c) section 40 of that Act (Benefit on partial and permanent invalidity before early retirement age),\n> > \n> > would have become payable to or in respect of a transferred contributor to whom this clause applies if the words “before attaining the early retirement age” had been omitted from the section concerned, the employer-financed benefit is to be not less than the amount determined under subclause (3).\n> \n> > (3) The amount to be determined for the purposes of subclause (2) is the sum of:\n> > \n> > > (a) the notional accumulation, and\n> > \n> > > (b) the amount calculated in accordance with the following formula:\n> > > \n> > > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0442)%20AND%20(Year%3D1990)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)  \n> > > where:\n> > > \n> > > A represents the amount to be calculated, and\n> > > \n> > > M represents the number of months of the transferred contributor’s contributory service up to 65 years of age, divided by 12, and\n> > > \n> > > W represents the transferred contributor’s final salary divided by 52.2.\n> \n> > (4) If a transferred contributor to whom this clause applies has been assigned a medical classification of 1B under clause A10.1 c of the Trust Deed, the benefit payable under subclause (2) in relation to a benefit under section 39 or 40 of the Act is the sum of:\n> > \n> > > (a) the notional accumulation, and\n> > \n> > > (b) the amount calculated in accordance with the following formula:\n> > > \n> > > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0442)%20AND%20(Year%3D1990)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)  \n> > > where:\n> > > \n> > > A represents the amount to be calculated, and\n> > > \n> > > P represents the amount calculated in accordance with subclause (3) (b).","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Benefit for transferred contributors on resignation, dismissal or discharge before early retirement age","content":"#### 9 Benefit for transferred contributors on resignation, dismissal or discharge before early retirement age\n\n9 Benefit for transferred contributors on resignation, dismissal or discharge before early retirement age\n\n> > (1) If a benefit under section 41 of the Act (Benefit on resignation, dismissal or discharge before early retirement age) becomes payable to a transferred contributor, the employer-financed benefit is not to be less than the amount determined under subclause (2).\n> \n> > (2) The amount to be determined for the purposes of subclause (1) is the amount calculated in accordance with the following formula:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0442)%20AND%20(Year%3D1990)%20AND%20(%22Historical%20Document%22%3D0))/g4.gif)  \n> > where:\n> > \n> > B represents the amount to be ascertained, and\n> > \n> > S represents the lesser of 1.0 and the product of 0.025 times the number of complete years of service, and\n> > \n> > E represents the notional accumulation as at the date of resignation.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Hunter Water Board to be billed for the excess amount of the guaranteed benefit","content":"#### 10 Hunter Water Board to be billed for the excess amount of the guaranteed benefit\n\n10 Hunter Water Board to be billed for the excess amount of the guaranteed benefit\n\n> > (1) The amount by which any benefit payable under clause 8 or 9 exceeds the benefit which the transferred contributor would have been entitled to under the provisions of the Act must be paid by the SAS Board.\n> \n> > (2) If any benefit amount is paid by the SAS Board under subclause (1), that Board must deliver to the Hunter Water Board a statement of account for that amount.\n> \n> > (3) Within 1 month after a statement of account is delivered to the Hunter Water Board, that Board must pay the amount specified in the statement to the SAS Board.","sortOrder":9}],"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":3,"scope_assessment":{"changed":true,"description":"The regulation was originally named without the '(Savings and Transitional)' descriptor, indicating a scope refinement occurred — the title was amended to more precisely reflect that its purpose is limited to savings and transitional arrangements, rather than the broader transfer mechanism itself."},"complexity_factors":["Narrow and highly specific subject matter — applies only to a single defunct provident fund transfer","Requires understanding of layered superannuation legislation (the parent Act plus this subordinate regulation)","Historical context needed to understand the Hunter District Water Board and its provident fund","Savings and transitional provisions can involve tracing back rights across multiple legal instruments","The actual substantive content of the regulation is not reproduced in the provided text, limiting full analysis"],"plain_english_summary":"This regulation governed the transfer of retirement savings from the Hunter District Water Board Employees' Provident Fund into the State Authorities Superannuation Scheme, protecting members’ existing rights and ensuring a lawful handover of funds and membership. It affects former Hunter Water Board employees who were provident fund members and remains in force to preserve any residual legal entitlements arising from that historical transfer."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This regulation remains tightly focused on its original purpose: facilitating the transfer of Hunter Water Board employees from their specific provident fund to the SAS Scheme in 1990. It does not expand beyond this single employer transfer and maintains its savings and transitional character throughout."},"complexity_factors":["Multiple nested defined terms with cross-references to external legislation (State Authorities Superannuation Act 1987, Superannuation Administration Act 1987) and a Trust Deed","Complex mathematical formulas with multiple variables (P, E, W, A, M, S, B) for calculating benefits and points","Conditional logic with multiple tiers: primary rules, default rules (clause 7(2)), and rounding rules (clause 7(3))","Extensive cross-referencing between clauses (e.g., clause 6 references clause 5(5)(c), which references sub-Accounts 3 and 4 defined in clause A8.1 a of the Trust Deed)","Nested exceptions in clause 8 with three alternative conditions (8(1)(a), (b), (c)) triggering different benefit calculations","Special medical classification override in clause 8(4) creating a parallel calculation method for 1B classified members","Dual-account structure (sub-Accounts 1-4) requiring separate treatment of different money types in the transfer process","Retroactive application of definitions requiring construction 'as if' the contributor had different entry dates (clause 4)"],"plain_english_summary":"This regulation deals with the transfer of Hunter Water Board employees from their old superannuation fund (the Provident Fund) to the State Authorities Superannuation Scheme (SAS Scheme) on 1 July 1990.\n\n**What it does:**\n- **Automatic transfer**: Employees who were contributing to the Hunter Water Board's old Provident Fund were automatically moved into the state government's SAS Scheme on 1 July 1990.\n- **Money moves too**: The Trustees had to transfer all the money from employees' old accounts into the new SAS Fund. This included both employee contributions and employer contributions.\n- **Benefit protection**: The regulation ensures that employees don't lose out because of the transfer. It calculates special \"transferred benefit points\" to recognise their years of service under the old scheme.\n- **Minimum guarantees**: If an employee dies, becomes disabled, or resigns, they are guaranteed a minimum benefit that is at least as good as what they would have received under the old scheme (or better).\n- **Who pays the difference**: If the guaranteed minimum benefit costs more than the standard SAS Scheme benefit, the Hunter Water Board has to pay the difference to the SAS Board.\n\n**Who it affects:**\n- Hunter Water Board employees who were members of the Provident Fund before 1 July 1990.\n- The Hunter Water Board itself (as employer).\n- The State Authorities Superannuation Board (which administers the new scheme).\n\n**Why it matters:**\nThis is a \"savings and transitional\" regulation—it protects employees' accumulated superannuation rights when their employer moves them from a private fund to a government scheme. Without these rules, employees might have lost benefits or had their service history reset to zero. The formulas ensure fairness while allowing the administrative transfer to proceed."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Regulation moves employees who were contributors to the Hunter Provident Fund into the State Authorities Superannuation Scheme as of 1 July 1990 (cl 5), establishes transitional computation rules for transferred benefit points and minimum employer-financed benefits (cls 3, 4, 6–9), and assigns reimbursement responsibility to the Hunter Water Board for any excess guaranteed benefits paid by the SAS Board (cl 10)."},"complexity_factors":["Actuarial and arithmetic formulas for transferred benefit points and benefit amounts (cl 6; cl 8(3)–(4); cl 9(2)) requiring inputs P, E, W, M, S and rounding rules (cl 6(3)).","Notional accumulation definition uses a minimum of two different contribution-based calculations, interest at SAS Board rates, and deductions for administration and charges (cl 3 definition of notional accumulation).","Multiple sub-accounts and staged transfers of amounts between Provident Fund sub-Accounts 1–4, contributor accounts and employer reserves (cl 5(4)–(5)).","Discretion given to the SAS Board to determine interest rates, rounding and administration charge reductions increases administrative discretion and variability (cl 3; cl 6(3)).","Numerous cross-references to the State Authorities Superannuation Act 1987, the Trust Deed and specific Trust Deed clauses for definitions and entitlements (cl 3; cl 5(4); cl 8(4) referencing A10.1 c), creating dependence on external documents.","Transitional rules that alter how definitions apply to transferred contributors (entry date, exclusion of pre-transfer periods from average contribution rate and final average salary treated as if new on transfer date) introduce special-case treatment (cl 4(1)–(4)).","Administrative flow and cash‑management timing: SAS Board pays guaranteed excess then must bill the Hunter Water Board, which must repay within one month (cl 10(1)–(3)), creating short-term liquidity and accounting obligations.","Rounding of non-standard contribution rates to nearest percentage point if not 1–9% and deemed elections if no election made increase mechanical adjustments to contributions (cl 7(2)–(3)).","Medical classification affects benefit calculation formula (cl 8(4)), adding conditional complexity tied to Trust Deed classifications."],"plain_english_summary":"This regulation transfers employees of the Hunter District Water Board from the Hunter District Water Board Employees’ Provident Fund into the State Authorities Superannuation Scheme as of 1 July 1990. It sets out how transferred accounts and \"transferred benefit points\" are calculated, how contribution-rate elections operate, minimum employer‑financed benefits for death, invalidity and resignation, and requires the Hunter Water Board to reimburse the SAS Board for any excess guaranteed benefit costs."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/state-authorities-superannuation-hunter-district-water-board-employees-provident-fund-transfer-savin","history":"/api/acts/state-authorities-superannuation-hunter-district-water-board-employees-provident-fund-transfer-savin/history","analysis":"/api/acts/state-authorities-superannuation-hunter-district-water-board-employees-provident-fund-transfer-savin/analysis","conflicts":"/api/acts/state-authorities-superannuation-hunter-district-water-board-employees-provident-fund-transfer-savin/conflicts","importantCases":"/api/acts/state-authorities-superannuation-hunter-district-water-board-employees-provident-fund-transfer-savin/important-cases","documents":"/api/acts/state-authorities-superannuation-hunter-district-water-board-employees-provident-fund-transfer-savin/documents"}}