{"id":"nsw:sl-2002-0309","name":"State Authorities Superannuation (Joint Coal Board Employees) Transitional Regulation 2002","slug":"state-authorities-superannuation-joint-coal-board-employees-transitional-regulation-2002","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"309 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178872,"registerId":"nsw-nsw:sl-2002-0309-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 is the [State Authorities Superannuation (Joint Coal Board Employees) Transitional Regulation 2002](/view/html/inforce/current/sl-2002-0309).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Regulation:\n> \n> Coal Services Pty Limited means Coal Services Pty Limited ACN 099 078 234.\n> \n> contributor means a contributor to the SAS Fund who:\n> \n> > (a) immediately before the dissolution date, was employed by the Joint Coal Board, and\n> \n> > (b) was transferred to employment with Coal Services Pty Limited on that date, and\n> \n> > (c) does not elect (pursuant to clause 6 of Schedule 1 to the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107)) to transfer to the electricity industry superannuation scheme established under section 127 of the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039).\n> \n> deferred benefit means a deferred benefit provided by section 43 of the Act.\n> \n> dissolution date means the date on which section 4 (1) of the [Coal Industry Repeal Act 2001](http://www.legislation.gov.au/) of the Commonwealth commences.\n> \n> election period means the period of 6 months beginning on the dissolution date.\n> \n> Joint Coal Board means the body corporate constituted in pursuance of the [Coal Industry (Industrial Matters) Act 1946](/view/html/inforce/current/act-1946-044) (formerly the [Coal Industry Act 1946](/view/html/inforce/current/act-1946-044)) and the [Coal Industry Act 1946](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> regulated superannuation fund has the meaning given to it by section 19 of the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> SAS Fund means the State Authorities Superannuation Fund established under the Act.\n> \n> the Act means the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Application of Schedule 5 to the Act (Special provisions for deferring the benefits of certain contributors) to certain contributors transferred to Coal Services Pty Limited","content":"#### 3 Application of Schedule 5 to the Act (Special provisions for deferring the benefits of certain contributors) to certain contributors transferred to Coal Services Pty Limited\n\n3 Application of Schedule 5 to the Act (Special provisions for deferring the benefits of certain contributors) to certain contributors transferred to Coal Services Pty Limited\n\n> The transfer of employment of contributors from the Joint Coal Board to Coal Services Pty Limited on the dissolution date is declared to be a transfer of employment to which Part 1 of Schedule 5 to the Act applies.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Deferral of accrued benefit without transferring it","content":"#### 4 Deferral of accrued benefit without transferring it\n\n4 Deferral of accrued benefit without transferring it\n\n> If a contributor, within the election period:\n> \n> > (a) exercises his or her entitlement to make provision for a deferred benefit in the SAS Fund, and\n> \n> > (b) does not exercise the entitlement conferred by clause 3 of Schedule 5 to the Act,\n> \n> the benefit is to be deferred in accordance with section 43 of the Act from and including the dissolution date.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of deferred benefit","content":"#### 5 Transfer of deferred benefit\n\n5 Transfer of deferred benefit\n\n> > (1) If, within the election period, a contributor:\n> > \n> > > (a) exercises his or her entitlement to make provision for a deferred benefit in the SAS Fund, and\n> > \n> > > (b) exercises the entitlement conferred by clause 3 of Schedule 5 to the Act,\n> > \n> > STC is required to pay that benefit to a regulated superannuation fund nominated by the contributor.\n> \n> > (2) The payment must be made as soon as practicable after the date on which the contributor exercises the entitlement conferred by clause 3 of Schedule 5 to the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Obligation of STC with respect to the disposition of a deferred benefit","content":"#### 6 Obligation of STC with respect to the disposition of a deferred benefit\n\n6 Obligation of STC with respect to the disposition of a deferred benefit\n\n> If a contributor has, in accordance with clause 5 (1), directed his or her deferred benefit to be paid to a nominated regulated superannuation fund, STC must, before paying the benefit to that fund, satisfy itself that that fund, or the trust deed by which that fund is established, includes provisions that will fully vest the deferred benefit to the credit of the contributor.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Schedule 5 not to apply unless entitlement to defer benefit is exercised","content":"#### 7 Schedule 5 not to apply unless entitlement to defer benefit is exercised\n\n7 Schedule 5 not to apply unless entitlement to defer benefit is exercised\n\n> If a contributor does not exercise his or her entitlement to make provision for a deferred benefit within the election period, Schedule 5 does not apply to the contributor.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation applies transitional procedures to a specific cohort of workers transferred from the Joint Coal Board to Coal Services Pty Limited; it does not purport to broaden or curtail the general coverage of the underlying State Authorities Superannuation Act. No text in the instrument expressly alters the Act's wider scope."},"complexity_factors":["Cross-references to multiple statutes and external definitions (State Authorities Superannuation Act, Coal Industry Act(s), Coal Industry Repeal Act, SIS Act) (cls 2)","Conditional application depending on a defined dissolution date and a six-month election period (cls 2, 4–7)","Multiple alternative choices for contributors (defer in SAS Fund or transfer to a regulated superannuation fund) creating decision and timing risk for members (cls 4–5)","STC's substantive administrative duties: payment timing ('as soon as practicable') and pre-transfer verification of trust deed vesting (cl 5(2), cl 6)","Narrow, cohort-specific application (contributors transferred from the Joint Coal Board to Coal Services Pty Limited) requiring identification and record-checking (cl 2, cl 3)","Use of defined terms and statutory entitlements creates dependence on interpretation of the underlying Acts (cls 2, 3, Schedule 5 references)"],"plain_english_summary":"This regulation sets transitional rules for staff who moved from the Joint Coal Board to Coal Services Pty Limited on the Commonwealth dissolution date. Those contributors can, within a six-month election period, either defer their accrued State Authorities Superannuation Fund (SAS) benefit or direct a deferred benefit to a nominated regulated superannuation fund; STC must pay and verify vesting before transfer (cls 2–6).\n\nIt matters because contributors face a firm election deadline and STC acquires a verification and payment obligation, creating modest administrative compliance costs and discrete operational discretion for STC (cls 4–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow, transitional purpose. It was designed specifically to manage the superannuation consequences of dissolving the Joint Coal Board and transferring employees to Coal Services Pty Limited in 2002, and it does exactly that without expanding into broader areas."},"complexity_factors":["Only 7 operative clauses plus definitions section","9 defined terms, all straightforward (mostly just naming entities and dates)","Simple conditional structure: if-then logic with clear time limits (6 month election period)","Single cross-reference mechanism: repeated references to Schedule 5 of the State Authorities Superannuation Act 1987","No nested exceptions or complex deeming provisions","Narrow, specific purpose: only applies to one group of employees on one specific date (dissolution of Joint Coal Board)","Clear binary choice structure for contributors (defer or transfer)"],"plain_english_summary":"This regulation deals with what happens to the superannuation (retirement savings) of workers who were employed by the Joint Coal Board when that organisation was shut down and replaced by a new company called Coal Services Pty Limited in 2002.\n\n**What it does:**\n- **Protects workers' superannuation** when their employer changes from the Joint Coal Board to Coal Services Pty Limited\n- **Gives workers a choice** about what to do with their accumulated superannuation benefits:\n  - **Option 1:** Leave the money in the existing State Authorities Superannuation Fund (SAS Fund) as a \"deferred benefit\" — essentially freezing it there until retirement\n  - **Option 2:** Transfer the money to a different regulated superannuation fund of their choice\n\n**Who it affects:**\n- Former employees of the Joint Coal Board who were transferred to Coal Services Pty Limited when the Joint Coal Board was dissolved\n- These workers are called \"contributors\" under this regulation\n- The State Superannuation Trustee Corporation (STC), which manages the superannuation fund\n\n**Key rules:**\n- Workers have **6 months** (the \"election period\") to decide what to do with their super\n- If they do nothing, the special rules in this regulation don't apply to them\n- If they want to transfer their money to a new fund, STC must first check that the new fund will properly protect their benefits\n- The regulation ensures that workers don't lose their superannuation rights just because their employer was restructured\n\n**Why it matters:**\nThis is a transitional protection measure. When government bodies are restructured or privatised, workers can sometimes fall through cracks in superannuation law. This regulation ensures that coal industry workers kept their accumulated retirement savings and had meaningful choices about where those savings went."},"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":false,"description":"Based on the available metadata, the regulation appears to have remained exactly as originally made in May 2002, with no amendments or scope changes in over two decades. It was designed as a narrow transitional instrument and has remained so."},"complexity_factors":["Narrow, highly specific subject matter affecting a very small cohort of people","Transitional nature means it interacts with both old and new legislative frameworks, requiring understanding of both","Superannuation law itself can be technically complex, involving defined benefit calculations and preservation rules","The actual operative provisions are not visible in the text provided, preventing full assessment","Requires knowledge of the history of the Joint Coal Board and NSW state superannuation schemes to fully understand context","Low complexity overall because the instrument is tightly scoped and appears to be a simple bridging measure"],"plain_english_summary":"This transitional regulation sets out how superannuation entitlements for employees of the now-defunct Joint Coal Board were to be handled during a changeover in their retirement arrangements. It affects a small, specific group of current or former Joint Coal Board employees and matters because it determined calculation, preservation or transfer of their retirement savings during that transition. The instrument has operated unchanged since 24 May 2002."}},"importantCases":[],"_links":{"self":"/api/acts/state-authorities-superannuation-joint-coal-board-employees-transitional-regulation-2002","history":"/api/acts/state-authorities-superannuation-joint-coal-board-employees-transitional-regulation-2002/history","analysis":"/api/acts/state-authorities-superannuation-joint-coal-board-employees-transitional-regulation-2002/analysis","conflicts":"/api/acts/state-authorities-superannuation-joint-coal-board-employees-transitional-regulation-2002/conflicts","importantCases":"/api/acts/state-authorities-superannuation-joint-coal-board-employees-transitional-regulation-2002/important-cases","documents":"/api/acts/state-authorities-superannuation-joint-coal-board-employees-transitional-regulation-2002/documents"}}