{"id":"nsw:sl-2002-0590","name":"State Authorities Superannuation (Safe Food) Transitional Regulation 2002","slug":"state-authorities-superannuation-safe-food-transitional-regulation-2002","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"590 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178882,"registerId":"nsw-nsw:sl-2002-0590-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 (Safe Food) Transitional Regulation 2002](/view/html/inforce/current/sl-2002-0590).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Regulation:\n> \n> contributor means a contributor to the SAS Fund who:\n> \n> > (a) immediately before 1 July 2002, was employed by Safe Food, and\n> \n> > (b) was transferred to employment with Meat & Livestock Australia on that date.\n> \n> deferred benefit means a deferred benefit provided by section 43 of the Act.\n> \n> election period means the period of 4 months beginning on 1 July 2002.\n> \n> Meat & Livestock Australia means Meat & Livestock Australia Limited (ABN 39 081 678 364).\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> Safe Food means Safe Food Production NSW as constituted by the [Food Production (Safety) Act 1998](/view/html/repealed/current/act-1998-128).\n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 preserving the benefits of certain contributors) to certain contributors transferring to MLA","content":"#### 3 Application of Schedule 5 to the Act (Special provisions for preserving the benefits of certain contributors) to certain contributors transferring to MLA\n\n3 Application of Schedule 5 to the Act (Special provisions for preserving the benefits of certain contributors) to certain contributors transferring to MLA\n\n> The transfer of employment of contributors from Safe Food to Meat & Livestock Australia on 1 July 2002 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":"Preservation of accrued benefit without transferring it","content":"#### 4 Preservation of accrued benefit without transferring it\n\n4 Preservation 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 preserved benefit, 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 preserved in accordance with section 43 of the Act from and including the date on which the contributor becomes an employee of Meat & Livestock Australia.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of preserved benefit","content":"#### 5 Transfer of preserved benefit\n\n5 Transfer of preserved benefit\n\n> > (1) If, within the election period, a contributor:\n> > \n> > > (a) exercises his or her entitlement to make provision for a preserved benefit, 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 his or her entitlement to make a provision for a preserved benefit.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Obligation of STC with respect to the disposition of a preserved benefit","content":"#### 6 Obligation of STC with respect to the disposition of a preserved benefit\n\n6 Obligation of STC with respect to the disposition of a preserved 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 the 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 preserve benefit is exercised","content":"#### 7 Schedule 5 not to apply unless entitlement to preserve benefit is exercised\n\n7 Schedule 5 not to apply unless entitlement to preserve 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 to the Act does not apply to the contributor.","sortOrder":6}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation appears to have remained exactly as originally made since 23 August 2002, with no amendments. Its scope is tightly confined to managing superannuation continuity for a specific cohort of transferring government employees, consistent with its stated transitional purpose."},"complexity_factors":["Very narrow and specific subject matter — applies only to a defined group of transferring employees","Transitional regulations are inherently time-limited in purpose, reducing ongoing interpretive complexity","Requires understanding of the State Authorities Superannuation Scheme framework to fully appreciate","The actual legislative text was not available in the provided content, limiting full analysis","Interacts with at least two other pieces of legislation (the parent superannuation Act and the Safe Food Production NSW enabling legislation)"],"plain_english_summary":"This short NSW transitional regulation protected the superannuation rights of staff who transferred into Safe Food Production NSW when that agency was created. It preserved their existing State Authorities Superannuation Scheme entitlements and service continuity so they did not lose built-up retirement benefits during the transfer. It has been in force since 23 August 2002, unchanged."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: managing the superannuation transition for Safe Food employees transferring to Meat & Livestock Australia on 1 July 2002. It has not expanded beyond this specific, time-bound administrative arrangement."},"complexity_factors":["Only 7 defined terms in the interpretation section","Single, narrow factual scenario (one employer transfer on one specific date)","No nested exceptions or conditional logic beyond simple 'if-then' statements","No cross-references to other legislation beyond basic definitions and the parent Act","Straightforward binary choice structure (preserve vs transfer)"],"plain_english_summary":"This regulation deals with what happens to the superannuation (retirement savings) of a small group of NSW government workers who changed employers in 2002.\n\n**What happened:**\nOn 1 July 2002, a group of employees moved from **Safe Food Production NSW** (a NSW government agency) to **Meat & Livestock Australia** (a private company). This regulation sets out their superannuation options.\n\n**Who it affects:**\nOnly employees who:\n- Worked for Safe Food immediately before 1 July 2002, and\n- Transferred to Meat & Livestock Australia on that exact date\n\n**What choices they had:**\nThese workers had a **4-month window** (the \"election period\") to decide what to do with their accumulated NSW government superannuation benefits:\n\n- **Option 1:** Keep their benefit \"preserved\" (frozen) in the government super fund until retirement (Clause 4)\n- **Option 2:** Transfer their benefit to a private super fund of their choice (Clause 5)\n- **Option 3:** Do nothing — if they missed the 4-month deadline, the special rules didn't apply to them (Clause 7)\n\n**Why it matters:**\nThis was a one-off transitional arrangement to protect workers' retirement savings when their jobs moved from the public sector to the private sector. It ensured they didn't lose their accrued government super benefits and had clear choices about where those benefits went."},"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 does not broaden the substantive reach of Schedule 5; it declares that the 1 July 2002 transfer to Meat & Livestock Australia is a transfer to which Part 1 of Schedule 5 applies and sets the election window, preservation/transfer options and STC's verification and payment duties (cls 3–7). It is a targeted application and procedural specification rather than a scope expansion."},"complexity_factors":["Cross-references to other instruments: Part 1 of Schedule 5 to the State Authorities Superannuation Act 1987 is applied to the specified transfers (cl.3).","Defined-term dependency: 'regulated superannuation fund' relies on the Superannuation Industry (Supervision) Act 1993 definition (cl.2).","Time-limited choice: a fixed 4-month election period beginning 1 July 2002 creates a strict temporal compliance window (cl.2 definition; cls 4–5).","Conditional mechanics: contributor choices determine whether benefits are preserved under section 43 of the Act or transferred to a nominated fund (cls 4–5).","Administrative verification duty: STC must confirm vesting provisions in the nominated fund or its trust deed before paying (cl.6), adding an evidentiary/administrative step.","Prompt payment obligation: transfer payments must be made 'as soon as practicable' after a contributor's direction, creating a timing standard for administrators (cl.5(2)).","Limited scope of application: applies only to contributors employed by Safe Food and transferred on 1 July 2002 (cl.2 definitions), which narrows operational reach but concentrates execution demands.","Omission/ambiguity risk: the instrument repeatedly refers to 'STC' without defining it within this regulation, which may require cross-reference for implementers (cls 5–6)."],"plain_english_summary":"This regulation applies special transitional rules to employees who moved from Safe Food to Meat & Livestock Australia on 1 July 2002. Those contributors get a four‑month window to either preserve their accrued State Authorities Superannuation (SAS) Fund benefit or direct STC to transfer the deferred benefit to a nominated regulated superannuation fund. STC must pay promptly when directed and must first satisfy itself that the nominated fund’s trust deed will fully vest the benefit."}},"importantCases":[],"_links":{"self":"/api/acts/state-authorities-superannuation-safe-food-transitional-regulation-2002","history":"/api/acts/state-authorities-superannuation-safe-food-transitional-regulation-2002/history","analysis":"/api/acts/state-authorities-superannuation-safe-food-transitional-regulation-2002/analysis","conflicts":"/api/acts/state-authorities-superannuation-safe-food-transitional-regulation-2002/conflicts","importantCases":"/api/acts/state-authorities-superannuation-safe-food-transitional-regulation-2002/important-cases","documents":"/api/acts/state-authorities-superannuation-safe-food-transitional-regulation-2002/documents"}}