{"id":"nsw:sl-1989-0692","name":"State Authorities Superannuation (Transport Officers’ Gratuity Scheme Transfer) (Savings and Transitional) Regulation 1989","slug":"state-authorities-superannuation-transport-officers-gratuity-scheme-transfer-savings-and-transitiona","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"692 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180808,"registerId":"nsw-nsw:sl-1989-0692-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 (Transport Officers’ Gratuity Scheme Transfer) (Savings and Transitional) Regulation 1989](/view/html/inforce/current/sl-1989-0692).\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 is to be taken to have commenced on 1 April 1989.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation:\n> > \n> > Fund means the State Authorities Superannuation Fund.\n> > \n> > service, in relation to a transferred transport officer, means the number of whole calendar months before 1 April 1989 that would have been taken into account in calculating the benefit that would have been payable to the officer if he or she had continued to be subject to the Transport Officers’ Gratuity Scheme.\n> > \n> > the Act means the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211).\n> > \n> > transferred transport officer means a person who has become a contributor to the Fund by virtue of clause 4 (1).\n> > \n> > Transport Officers’ Gratuity Scheme means the scheme set out in sections 132A–132C of the [Transport Act 1930](/view/pdf/asmade/act-1930-18) (as preserved by clause 43 of Schedule 7 to the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109)).\n> \n> > (2) In relation to a transferred transport officer, the definition of accrued benefit points in section 36 of the Act is to be construed as if the reference in that section to contributed points figures included a reference to the number of transferred benefit points for the officer calculated in accordance with clause 5.\n> \n> > (3) For the purpose of applying the definition of final average salary in section 36 of the Act to a transferred transport officer, that definition is to be read as if the officer had become a new contributor on 1 April 1989.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Transfer of certain transport officers to the State Authorities Superannuation Scheme","content":"#### 4 Transfer of certain transport officers to the State Authorities Superannuation Scheme\n\n4 Transfer of certain transport officers to the State Authorities Superannuation Scheme\n\n> > (1) A person who, immediately before 1 April 1989, was eligible for a gratuity under the Transport Officers’ Gratuity Scheme is, on that day, to be taken to have become a contributor to the Fund by virtue of having made an election under section 19 of the Act (Election to contribute to the Fund).\n> \n> > (2) With respect to such an election, section 19 of the Act is to be construed as if subsections (2)–(4) of that section had not been enacted.\n> \n> > (3) If a person becomes a contributor by virtue of subclause (1), then:\n> > \n> > > (a) the Transport Officers’ Gratuity Scheme ceases to apply to the person, and\n> > \n> > > (b) a gratuity under that Scheme is not payable to or in relation to that person.\n> \n> > (4) A person who becomes a contributor by virtue of subclause (1) is entitled to make an application under section 20 of the Act (Additional benefit) for an additional benefit only if the person has elected to contribute to the Fund under clause 6 (2) of this Regulation.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Benefit points to be credited to a transferred transport officer","content":"#### 5 Benefit points to be credited to a transferred transport officer\n\n5 Benefit points to be credited to a transferred transport officer\n\n> > (1) A transferred transport officer is, in respect of his or her service before 1 April 1989, entitled to a number of transferred benefit points calculated in accordance with the following formula:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0692)%20AND%20(Year%3D1989)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where:\n> > \n> > P represents the number of points to be calculated, and\n> > \n> > Y represents the number of completed years of service, with the fractional part of any year calculated on the basis of completed calendar months.\n> \n> > (2) For each whole calendar month of service beginning on 1 April 1989, there accrues to each transferred transport officer one-twelfth of 2.3 benefit points.\n> \n> > (3) Subclause (2) has effect irrespective of the number of benefit points that may accrue to each officer as a result of the officer’s contributing to the Fund under clause 6.\n> \n> > (4) This clause is subject to clause 5A.\n> \n> **cl 5:** Am 22.1.1993.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Minimum benefit payable to a transferred transport officer","content":"#### 5A Minimum benefit payable to a transferred transport officer\n\n5A Minimum benefit payable to a transferred transport officer\n\n> > (1) If a benefit calculated under section 37 of the Act (Benefit at or after early retirement or on death at or after early retirement age) would, but for this clause, be payable to or in respect of a transferred transport officer but the benefit is less than the amount calculated in accordance with the formula set out in subclause (2), then, instead of that benefit, the benefit payable to or in respect of the officer is that amount.\n> \n> > (2) The formula is:\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0692)%20AND%20(Year%3D1989)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)  \n> > where:\n> > \n> > A is the amount to be calculated, and\n> > \n> > NBP is the number of benefit points which have been allocated to the member in accordance with clause 5, and\n> > \n> > FS is the member’s final salary (as defined in section 36 of the Act).\n> \n> > (3) If a benefit calculated under section 37 of the Act has been paid to or in respect of a transferred transport officer before the commencement of this clause and the amount of the benefit is less than the amount of the benefit that would have been payable had this clause been in force at the time of the officer’s retirement or death, a further benefit equal to the difference between those amounts is payable to or in respect of the officer.\n> \n> **cl 5A:** Ins 22.1.1993.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Contribution rates","content":"#### 6 Contribution rates\n\n6 Contribution rates\n\n> > (1) On and after 1 April 1989, a transferred transport officer is entitled to elect to pay no contributions to the Fund, despite being entitled to receive points in accordance with clause 5 (2).\n> \n> > (2) A transferred transport officer may elect to contribute to the Fund in accordance with section 19 of the Act (Election to contribute to the Fund) (subsection (2) (b) excepted).\n> \n> > (3) A transferred transport officer making an election under section 19 (1) of the Act must specify one of the rates referred to in subclause (4) as the rate at which he or she will contribute to the Fund.\n> \n> > (4) For the purposes of subclause (3), the rates are 1, 2, 3, 4, 5, 6 and 6.7 per cent of the salary of the officer concerned.\n> \n> > (5) An initial election under subclause (2) may be lodged with the Board during the period beginning with 1 April 1989 and ending with 31 October in that year.\n> \n> > (6) An election under subclause (2) takes effect on a date not later than 1 January 1990 to be determined by the Board.\n> \n> > (7) The Board is required to nominate a period in each year during which a transferred transport officer is entitled to make an election varying his or her existing contribution rate.\n> \n> > (8) During the period nominated under subclause (7), a transferred transport officer may vary his or her existing contribution rate to another of the rates specified in subclause (4).\n> \n> > (9) A transferred transport officer who elects to contribute to the Fund under subclause (2) may decide to make no contributions to the Fund only as provided by section 28 of the Act (Variations of contribution rate : hardship).","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Leave without pay and extended leave","content":"#### 7 Leave without pay and extended leave\n\n7 Leave without pay and extended leave\n\n> > (1) Any continuous period of leave without pay, or extended leave, exceeding 3 months, taken before 1 April 1989, is not to be regarded as service for the purpose of clause 5 (1).\n> \n> > (2) On and after 1 April 1989, benefit points under clause 5 (2) do not accrue to a transferred transport officer for any month for the whole of which that officer was on leave without pay.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Recognition of previous service","content":"#### 8 Recognition of previous service\n\n8 Recognition of previous service\n\n> For the purposes of the Act, a transferred transport officer’s entry date is to be taken to be the date on which the officer’s service began for the purposes of the Transport Officers’ Gratuity Scheme.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Circumstances in which a transferred transport officer ceases to be entitled to special benefit","content":"#### 9 Circumstances in which a transferred transport officer ceases to be entitled to special benefit\n\n9 Circumstances in which a transferred transport officer ceases to be entitled to special benefit\n\n> > (1) This clause applies to the following employers:\n> > \n> > > (a) the State Rail Authority of New South Wales,\n> > \n> > > (b) the State Transit Authority of New South Wales,\n> > \n> > > (c) the Roads and Traffic Authority of New South Wales,\n> > \n> > > (d) the Crown in its capacity as the employer of persons employed in the Ministry of Transport,\n> > \n> > > (e) Rail Access Corporation,\n> > \n> > > (f) Freight Rail Corporation,\n> > \n> > > (g) the Railway Services Authority of New South Wales,\n> > \n> > > (h) RailCorp,\n> > \n> > > (i) NSW Trains,\n> > \n> > > (j) Sydney Trains.\n> \n> > (2) If a transferred transport officer, for reasons other than retirement at or after reaching the early retirement age, death, physical or mental incapacity or retrenchment, ceases to be employed by an employer to whom this clause applies, then:\n> > \n> > > (a) the officer ceases to be a contributor to the Fund for the purposes of clause 4 (1), and\n> > \n> > > (b) clause 5 ceases to apply to the officer from the date on which the officer ceases to be so employed.\n> \n> > (3) However, such an officer who has elected to contribute to the Fund under clause 6 (2) may continue as a contributor to the Fund if otherwise entitled to do so by the Act, but in that case the officer must, if contributing at the rate of 6.7 per cent of his or her salary, continue to contribute at that rate until the officer’s next election to vary the rate of contribution takes effect.\n> \n> > (4) Subclause 2 (a) and (b) do not apply to a transferred transport officer referred to in subclause (2) if the officer (not having in the interim been employed by an employer to whom this clause does not apply) is, within a reasonable period determined by the Board, employed by another employer to whom this clause applies.\n> \n> > (5) If a transferred transport officer’s employment is or was transferred from the State Transit Authority of New South Wales to RailCorp, that transfer is taken, for the purpose of subclause (2), not to be a cessation of employment.\n> \n> **cl 9:** Subst 30.3.1990. Am 1.7.1996; 2005 (753), Sch 1 \\[1\\] \\[2\\]; 2017 No 63, Sch 4.46.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Payment by employer to be treated as payment by the Board","content":"#### 10 Payment by employer to be treated as payment by the Board\n\n10 Payment by employer to be treated as payment by the Board\n\n> > (1) If an employer to whom clause 9 applies has, during the period beginning with 1 April 1989 and ending with 6 October 1989, paid a gratuity under the Transport Officers’ Gratuity Scheme to a transferred transport officer, the payment is to be regarded as a payment made by the Board under the Act.\n> \n> > (2) A transferred transport officer who has been paid such a gratuity is not entitled to any further benefit either under the Act or this Regulation.\n> \n> **cl 10:** Ins 30.3.1990.","sortOrder":10}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1989 scope. Originally covering a transfer from the Transport Officers' Gratuity Scheme to the State Authorities Superannuation Scheme, it has been repeatedly amended to accommodate successive restructures of NSW transport agencies. Clause 9 has been substantially expanded through amendments in 1990, 1996, 2005, and 2017 to cover new entities like RailCorp (2005) and the current Sydney Trains/NSW Trains structure (2017). The 1993 insertion of clause 5A added a minimum benefit guarantee not in the original regulation. The regulation now functions as a permanent ongoing framework for a diminishing pool of legacy employees rather than a simple transitional measure."},"complexity_factors":["Multiple defined terms requiring cross-references to other Acts (State Authorities Superannuation Act 1987, Transport Act 1930, Transport Administration Act 1988)","Mathematical formulas for calculating benefit points with fractional year calculations","Nested conditional logic: clause 5A operates as an exception to the general benefit calculation rules in section 37 of the principal Act","Complex employment status rules in clause 9 with multiple employer entities listed (10 different transport authorities) and exceptions to cessation rules","Retroactive commencement date (1 April 1989) with subsequent amendments (1993, 1990, 1996, 2005, 2017) creating layered temporal application","Interaction between election to contribute (clause 6) and entitlement to additional benefits (clause 4(4))","Deeming provisions: officers 'taken to have' made elections or become contributors despite not actually having done so"],"plain_english_summary":"This regulation deals with the transfer of transport officers (mainly railway and public transport workers) from an old gratuity scheme to the State Authorities Superannuation Scheme in 1989.\n\n**What it does:**\n- **Moves people to a new system:** Transport officers who were eligible for a lump-sum gratuity (a one-off payment) under the old Transport Officers' Gratuity Scheme were automatically transferred to the State Authorities Superannuation Fund on 1 April 1989.\n- **Converts old benefits:** It converts their years of service under the old scheme into \"benefit points\" in the new superannuation system using a specific formula.\n- **Sets contribution options:** Transferred officers can choose to contribute nothing to the new fund (and still get some benefits) or elect to contribute at rates between 1% and 6.7% of their salary.\n- **Protects minimum benefits:** It guarantees that transferred officers won't be worse off — if their calculated benefit under the new system would be too low, they get a minimum payment instead.\n- **Handles job changes:** Special rules apply if these officers leave specific transport employers (like State Rail, Sydney Trains, etc.) — they generally lose their special transferred status unless they move between approved transport employers.\n\n**Who it affects:**\n- Transport officers employed by NSW rail and transport authorities (State Rail, State Transit, RailCorp, Sydney Trains, etc.) who were in the old gratuity scheme before April 1989.\n\n**Why it matters:**\nThis regulation protects the retirement benefits of transport workers during a major restructuring of public transport in NSW. It ensures that years of service under the old system weren't lost when the gratuity scheme was wound up, while moving these workers into the mainstream superannuation system. The rules are quite specific because they deal with a transitional period and complex employment histories across multiple transport agencies that have been reorganised many times since 1989."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation was originally named without the '(Savings and Transitional)' descriptor, suggesting its scope or characterisation was clarified over time. The 2018 rename reflects a formal acknowledgement that the regulation's purpose is purely transitional — managing historical entitlements rather than ongoing obligations. This is a refinement of scope rather than a substantive expansion or contraction."},"complexity_factors":["Specialised superannuation law terminology (gratuity schemes, transitional provisions) requires background knowledge to understand","Intersects multiple legal instruments: the State Authorities Superannuation Act, the original gratuity scheme rules, and general superannuation law","Historical context is essential to understanding its purpose — the law only makes sense in relation to a 1989 policy change","Limited publicly available substantive text in the provided extract makes full analysis difficult","Narrow application to a specific cohort of workers limits but also complicates interpretation for those affected"],"plain_english_summary":"This 1989 NSW regulation set out how a small group of public sector transport officers were moved from a legacy gratuity arrangement into the State Authorities Superannuation Scheme, preserving their accrued entitlements during the transfer. It mainly affects those officers who were in the gratuity scheme at the time; the practical transition occurred decades ago, though the regulation (renamed in 2018 to add “(Savings and Transitional)”) remains in force."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument’s scope was later modified: a minimum-benefit guarantee was added (clause 5A), the benefit-point accrual and related rules were amended (clause 5 as amended), employer and cessation details were clarified/expanded (clause 9), and transitional payment treatment was inserted (clause 10). These amendments altered entitlements, employer-specific coverage and transitional payment mechanics compared with the original 1989 text."},"complexity_factors":["Technical benefit-point formula for prior service (clause 5) and minimum-benefit arithmetic (clause 5A).","Cross-references to definitions and benefit rules in the State Authorities Superannuation Act 1987 (section 36 and section 37).","Elective contribution mechanics and timing windows, with multiple contribution-rate options and Board-determined effective dates (clause 6).","Employer-specific cessation and continuation rules listing many public bodies and special transfer exceptions (clause 9).","Transitional and retrospective payment treatment, including treatment of gratuities paid by employers as Board payments and top-up obligations (clauses 10 and 5A(3)).","Discretion and administrative burden on the Board to set nomination periods and reasonable periods for re-employment (clauses 6(6),(7) and 9(4)).","Interaction of leave rules with accrual (clause 7) and recognition of entry date for final-average-salary calculations (clause 8)."],"plain_english_summary":"This Regulation moves eligible transport officers from the Transport Officers’ Gratuity Scheme into the State Authorities Superannuation Fund from 1 April 1989, sets how their prior service is converted into \"benefit points\", and specifies contribution choices and benefit calculations. It applies to transferred officers, a list of specified public employers, and the Fund; it matters because it changes who pays and when benefits (or top‑up payments) are payable, creates a guaranteed minimum benefit formula, and gives the Board timelines and limited discretion over elections and transitions."}},"importantCases":[],"_links":{"self":"/api/acts/state-authorities-superannuation-transport-officers-gratuity-scheme-transfer-savings-and-transitiona","history":"/api/acts/state-authorities-superannuation-transport-officers-gratuity-scheme-transfer-savings-and-transitiona/history","analysis":"/api/acts/state-authorities-superannuation-transport-officers-gratuity-scheme-transfer-savings-and-transitiona/analysis","conflicts":"/api/acts/state-authorities-superannuation-transport-officers-gratuity-scheme-transfer-savings-and-transitiona/conflicts","importantCases":"/api/acts/state-authorities-superannuation-transport-officers-gratuity-scheme-transfer-savings-and-transitiona/important-cases","documents":"/api/acts/state-authorities-superannuation-transport-officers-gratuity-scheme-transfer-savings-and-transitiona/documents"}}