{"id":"sr:state-superannuation-regulations-2018","name":"State Superannuation Regulations 2018","slug":"state-superannuation-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181278,"registerId":"vic-sr:state-superannuation-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"State Superannuation Regulations 2018","content":"Version No. 001\n\n**State Superannuation Regulations 2018**\n\n**S.R. No. 80/2018**\n\nVersion as at  \n23 June 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Minimum age for retirement 3\n\n7 Salary 4\n\n8 Prescribed superannuation schemes 5\n\n9 Rates of interest 6\n\n10 Conversion of pension to lump sum 6\n\n11 Election to change contribution rate—new scheme members 7\n\n12 Payment of contributions 7\n\n13 Additional period of recognised service 7\n\nSchedule 1—Specified classification 11\n\nSchedule 2—Specified classification 12\n\nSchedule 3—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date 14\n\n═════════════\n\nEndnotes 15\n\n1 General information 15\n\n2 Table of Amendments 17\n\n3 Amendments Not in Operation 18\n\n4 Explanatory details 19\n\n**Version No.** **001**\n\n**State Superannuation Regulations 2018**\n\n**S.R. No. 80/2018**\n\nVersion as at  \n23 June 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to specify certain requirements and conditions for the purposes of the operation of the **State Superannuation Act 1988**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 92 of the **State Superannuation Act 1988**.\n\n\t3 Commencement\n\nThese Regulations come into operation on  \n23 June 2018.\n\n\t4 Revocation\n\nThe State Superannuation Regulations 2008[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\n(1) In these Regulations—\n\n***Board*** means the Emergency Services Superannuation Board established under section 5 of the **Emergency Services Superannuation Act 1986**;\n\n***child adolescent and family welfare officer*** means—\n\n(a) an employee of—\n\n(i) the Department of Health and Human Services; or\n\n(ii) the former Office of Corrections who was transferred by Administrative Arrangements Order (No. 8) 1983—\n\nwho, prior to 3 July 1998, has been employed in one or more of the classifications specified in Schedule 1, or in a classification deemed by the Board as equivalent; or\n\n(b) an employee of the Department of Health and Human Services who, prior to 3 July 1998, was employed at Baltara Reception Centre in one or more of the classifications specified in Schedule 1, or at a classification deemed by the Board as equivalent;\n\n***custodial officer*** means an employee of Corrections Victoria or the Department of Justice and Regulation who, prior to 3 July 1998, is or has been employed in one or more of the classifications specified in Schedule 2, or a classification deemed by the Board to be equivalent;\n\n***fire-fighter*** means an officer or employee of the Department of Environment, Land, Water and Planning or Parks Victoria who the Board is satisfied can demonstrate a substantial involvement in fire-fighting, either directly or in a support role;\n\n***the Act*** means the **State Superannuation Act 1988**.\n\n(2) For the purposes of the definition of ***fire-fighter*** in subregulation (1), the Board may be satisfied that an officer or employee can demonstrate a substantial involvement in fire-fighting, either directly or in a support role, if the Secretary to the Department of Environment, Land, Water and Planning gives the Board a certificate that the officer or employee has a substantial involvement in fire-fighting, either directly or in a support role.\n\n(3) A certificate issued by the Secretary for the purposes of the definition of ***fire‑fighter*** as in force immediately before the commencement of the State Superannuation (Amendment) Regulations 2006 continues to have effect while the person in respect of whom it was issued—\n\n(a) has a substantial involvement in fire‑fighting, either directly or in a support role; and\n\n(b) is an officer or employee of the Department of Environment, Land, Water and Planning or Parks Victoria.\n\n\t6 Minimum age for retirement\n\n(1) For the purposes of paragraph (b) of the definition of ***minimum age for retirement*** in section 3(1) of the Act, the minimum age for retirement is 50 years or the age (not later than 55 years) at which the required years of recognised service (if any) are completed for the following class of members—\n\n(a) a custodial officer who has completed not less than 5 years of recognised service as a custodial officer;\n\n(b) a fire-fighter who has completed not less than 10 years of recognised service as a fire‑fighter;\n\n(c) a police officer other than the Chief Commissioner of Police;\n\n(d) a child adolescent and family welfare officer who has completed not less than 5 years of recognised service in direct care delivery as a child adolescent and family welfare officer.\n\n(2) For the purposes of subregulation (1)(d), recognised service may include the performance of duties deemed by the Board as equivalent at Allambie Reception Centre if that service was performed immediately prior to becoming a child adolescent and family welfare officer.\n\n\t7 Salary\n\nFor the purposes of paragraph (e) of the definition of ***salary*** in section 3(1) of the Act, salary includes—\n\n(a) an additional amount of remuneration paid for performing shift work which is—\n\n(i) for custodial officers, 15 per cent of salary as otherwise determined by the Board; or\n\n(ii) for officers other than custodial officers, calculated according to the Schedule of shift allowances approved by the Board and published from time to time in the Government Gazette provided that—\n\n(A) for the purposes of calculating benefits under section 33, 44, 46, 52, 57, 58 or 83A of the Act, the shift work has been performed for not less than 3 years immediately prior to the date at which the benefits become payable or would but for absence when the officer has received weekly payments under the **Accident Compensation Act 1985** or absence on approved leave or temporary performance of alternative duties at the request of the employing authority for less than 12 months have been performed for not less than 3 years immediately prior to the date at which the benefits become payable; and\n\n(B) any additional contributions paid in respect of shift allowances by a member who becomes eligible for benefits under section 33, 44, 46, 52, 57, 58 or 83A of the Act, without having completed 3 years of shift work immediately prior to the date at which the benefits become payable, shall be refunded with interest calculated in accordance with regulation 9; and\n\n(b) any commuted allowance that is payable during periods of recreation leave and long service leave.\n\n\t8 Prescribed superannuation schemes\n\nFor the purposes of section 4(1) of the Act, the following superannuation schemes are prescribed—\n\n(a) any superannuation scheme established and maintained by an Act of Victoria or any other State, the Commonwealth, a Territory or the governing body of any authority constituted under any Act of Victoria or any other State, the Commonwealth or a Territory;\n\n(b) the Superannuation Scheme for Australian Universities or its successor fund;\n\n(c) the Tertiary Education Superannuation Scheme or its successor fund.\n\n\t9 Rates of interest\n\nFor the purposes of sections 46(1) and 58(1) of the Act—\n\n(a) the amount of contributions and interest as at 30 June 1987 is calculated using the factors in Schedule 3; and\n\n(b) the additional annual rates of interest to be applied from 1 July 1987 to 30 June 1988 and from 1 July to 30 June in subsequent years is the annual rate of interest published by the Board in the Government Gazette in respect of that year.\n\n\t10 Conversion of pension to lump sum\n\nUnder section 39(3) of the Act, a revised scheme member or pensioner who is or was a custodial officer or a child adolescent and family welfare officer may elect to convert to a lump sum payment not more than the greater of—\n\n(a) 50 per cent of the pensioner's fortnightly pension entitlement; or\n\n(b) the proportion that is equal to 25 per cent of the pensioner's final fortnightly salary—\n\ntogether with the same proportion of the fortnightly pension entitlement of the partner, provided that the lump sum does not exceed the equivalent entitlement obtained by converting 100 per cent of the fortnightly pension entitlement.\n\n\t11 Election to change contribution rate—new scheme members\n\nIf the Board has fixed a day under section 50(5) of the Act as the day on which a new scheme member may elect to change their rate of contribution, the new scheme member may advise the Board of their election at any time during the period of 3 months before that day.\n\n\t12 Payment of contributions\n\n(1) Contributions that are deducted from the after-tax salaries of contributors, and other money payable to the Board, must be paid by the employing authority on the appropriate pay day by the direct crediting of those amounts to a bank account nominated by the Board or in any other manner approved by the Board.\n\n(2) Particulars in writing of the contributions and other money comprising the amount of payment must be provided by the employing authority to the Board on the day that the payment is made.\n\n(3) Any variation in the amount of contributions normally paid to the Board on any pay day must be explained in writing to the Board by the employing authority showing the changes that have occurred in the deductions from the contributor's after-tax salaries.\n\n\t13 Additional period of recognised service\n\n(1) On and from 30 November 1993, for the purposes of paragraph (b) of the definition of ***recognised service*** in section 3(1) of the Act, the Board may on application by an officer recognise part or all of a period of continuous employment in accordance with this regulation.\n\n(2) An application can only be made while a person is an officer or by a person who ceased to be an officer between 30 November 1993 and 31 December 1994 and must be in a form determined by the Board and be accompanied by whatever documentary evidence the Board may request.\n\n(3) Subject to subregulation (4), an application may only be made in respect of part or all of the period of prior continuous employment in respect of which the applicant would have satisfied the definition of ***officer*** under section 3(1) of the Act as at 30 November 1993 had that definition applied at the relevant time.\n\n(4) The Board must not recognise a period of prior employment which was not continuous and which did not immediately precede the date on which the applicant became an officer or any part of such period during which the applicant—\n\n(a) was or was entitled to become an officer or a member of a superannuation scheme prescribed under regulation 8; or\n\n(b) was employed on a part-time basis but worked less than 40 per cent of normal full‑time working hours; or\n\n(c) was employed on a casual, sessional or fixed‑term contractual basis or as a part‑time statutory appointee; or\n\n(d) was employed under an apprenticeship, cadetship, studentship or similar arrangement except that up to 3 years nursing training with the Aged Community and Mental Health and Disability Services Divisions of the Department of Human Services (or with the former Office of Psychiatric and Intellectual Disability Services) may be recognised provided such a period has not been or cannot be recognised for the purpose of benefits provided by another superannuation scheme prescribed under regulation 8 and that nursing training immediately preceded the date on which the applicant became an officer; or\n\n(e) received or became entitled to receive a gratuity or similar payment in respect of that prior employment period.\n\n(5) The exclusion of part of a period of prior continuous employment under subregulation (4) does not affect recognition of the balance of such an employment period during which the conditions under subregulations (3) and (4) for recognition were met.\n\n(6) If the Board approves an application it must determine—\n\n(a) the amount of benefits applicable to the additional recognised service; and\n\n(b) on the advice of an actuary the amount of contribution to be paid by the officer in respect of that additional recognised service.\n\n(7) The actuary in advising the Board in accordance with subregulation (6) must take into account—\n\n(a) the level of member contributions payable under section 50 or 61C (as in force before it was repealed) of the Act; and\n\n(b) the applicant's salary at the time the applicant's contribution is to be paid.\n\n(8) Except in the case of an applicant who ceased to be an officer prior to 31 December 1994, the applicant's contribution determined under subregulation (6) must be paid before the applicant ceases to be an officer and where at the time of ceasing to be an officer full payment of the applicant's contribution has not been made the Board must reduce the period of additional recognised service in proportion to the unpaid amount.\n\nSchedule 1—Specified classification\n\nRegulation 5\n\nChild Adolescent and Family Welfare Officers Levels 1–4 (including positions previously classified as Youth Officer and Child Care Officer) employed at—\n\nMelbourne Juvenile Justice Centre (formerly known as Turana Youth Training Centre)\n\nMalmsbury Youth Training Centre\n\nParkville Youth Residential Centre (formerly known as Winlaton Youth Training Centre then became Nunawading Youth Residential Unit)\n\nLangi Kal Kal Youth Training Centre (closed)\n\nBaltara Reception Centre (closed)\n\nSchedule 2—Specified classification\n\nRegulation 5\n\nGovernor Grade 3\n\nGovernor Grade 2\n\nGovernor Grade 1\n\nPrincipal Prison Officer\n\nChief Prison Officer\n\nSenior Prison Officer\n\nPrison Officer\n\nSenior Prison Medical Support Officer\n\nPrison Medical Support Officer\n\nPrincipal Industry Supervisor\n\nSenior Industry Supervisor\n\nIndustry Supervisor Grade 2\n\nIndustry Supervisor Grade 1\n\nOverseer Grade IV\n\nOverseer Grade III\n\nOverseer Grade II\n\nOverseer Grade I\n\nSupervisor\n\nOperations Manager\n\nCustodial Officer Group\n\nCOG 1\n\nCOG 2A\n\nCOG 2B\n\nCOG 3\n\nCOG 4\n\nCOG 5\n\nCOG 5A\n\nSchedule 3—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date\n\nRegulation 9(a)\n\n| Date of entry during year ended | Factor | Date of entry during year ended | Factor | Date of entry during year ended | Factor |\n| --- | --- | --- | --- | --- | --- |\n| 30.6.87 | 1·00 | 30.6.71 | 1·93 | 30.6.55 | 2·22 |\n| 30.6.86 | 1·07 | 30.6.70 | 1·96 | 30.6.54 | 2·23 |\n| 30.6.85 | 1·14 | 30.6.69 | 1·99 | 30.6.53 | 2·23 |\n| 30.6.84 | 1·21 | 30.6.68 | 2·02 | 30.6.52 | 2·24 |\n| 30.6.83 | 1·29 | 30.6.67 | 2·05 | 30.6.51 | 2·24 |\n| 30.6.82 | 1·37 | 30.6.66 | 2·07 | 30.6.50 | 2·24 |\n| 30.6.81 | 1·44 | 30.6.65 | 2·09 | Years ending 30.6.49 and earlier | 2·25 |\n| 30.6.80 | 1·51 | 30.6.64 | 2·11 |  |  |\n| 30.6.79 | 1·57 | 30.6.63 | 2·13 |  |  |\n| 30.6.78 | 1·62 | 30.6.62 | 2·15 |  |  |\n| 30.6.77 | 1·68 | 30.6.61 | 2·16 |  |  |\n| 30.6.76 | 1·73 | 30.6.60 | 2·18 |  |  |\n| 30.6.75 | 1·78 | 30.6.59 | 2·19 |  |  |\n| 30.6.74 | 1·82 | 30.6.58 | 2·20 |  |  |\n| 30.6.73 | 1·86 | 30.6.57 | 2·21 |  |  |\n| 30.6.72 | 1·90 | 30.6.56 | 2·22 |  |  |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe State Superannuation Regulations 2018, S.R. No. 80/2018 were made on 22 June 2018 by the Governor in Council under section 92 of the **State Superannuation Act 1988**, No. 50/1988 and came into operation on 23 June 2018: regulation 3.\n\nThe State Superannuation Regulations 2018 will sunset 10 years after the day of making on 22 June 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the State Superannuation Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 69/2008. [↑](#endnote-ref-1)","sortOrder":0}],"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":4,"scope_assessment":{"changed":false,"description":"Based on the limited content provided, there is no evidence of scope change from the original intent. The regulations appear to serve their standard purpose of operationalising a state superannuation Act. However, the absence of substantive regulatory text makes a definitive assessment impossible."},"complexity_factors":["Superannuation law is inherently technical, involving actuarial calculations and financial concepts","Regulations interact with a parent Act, requiring cross-referencing to understand the full legal framework","Multiple version history entries suggest the regulations have been amended, adding interpretive complexity around which version applies at any given time","State-based superannuation schemes often have legacy entitlements and transitional arrangements that create layered complexity","Insufficient substantive content was provided to identify additional specific complexity factors"],"plain_english_summary":"These regulations set out the operational rules for the state government’s superannuation scheme, governing how retirement benefits are administered. They affect current and former state employees who are scheme members, the agencies that run the scheme, and members’ beneficiaries.\n\nThey matter because they determine eligibility, contribution and benefit calculations, and claims processes — directly influencing the retirement outcomes for public servants."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Regulations implement and specify administrative requirements under section 92 of the State Superannuation Act 1988 and revoke the 2008 Regulations. They set operational definitions, eligibility conditions, calculation factors and procedural rules but do not, on their face, expand the Act’s substantive coverage of membership or benefits; they primarily narrow implementation detail and administrative procedure."},"complexity_factors":["Multiple cross-references to the State Superannuation Act 1988 (definitions and benefit provisions such as ss.3, 33, 39, 44, 46, 50, 52, 57, 58, 83A) increasing interpretive dependency on the principal Act","Numerical and actuarial calculations (Schedule 3 factors; Board-published annual interest rates; actuary advice for additional recognised service) requiring technical expertise","Discretions vested in the Board (deeming equivalent classifications, recognising prior service, setting shift allowance schedules and interest rates, approving payment methods) creating administrative variability","Detailed eligibility rules and temporal limits (service before 3 July 1998, application windows between specified dates, exclusions for part‑time/casual/apprenticeship service) increasing factual complexity","Interplay with other legislation (Accident Compensation Act 1985, prescribed external superannuation schemes, Subordinate Legislation Act 1994 sunset provision in endnotes)","Prescribed procedural compliance for employers (direct crediting to Board account, contemporaneous written particulars, written explanations for contribution variations)","Schedules listing many specific classifications and numeric factors that must be applied precisely"],"plain_english_summary":"These Regulations set operational rules under the State Superannuation Act 1988. They define member classes (custodial officers, fire‑fighters, child welfare officers, police), minimum retirement ages, what counts as salary, prescribed external schemes, interest factors, pension‑to‑lump‑sum conversion limits, contribution payment and reporting rules, and recognition of prior service.\n\nThey affect members, employing authorities (who must deduct, remit and report contributions) and the Board (which certifies roles and fixes interest and actuarial contribution amounts). They matter because they determine retirement ages, benefit calculations and conversion limits, and employers’ compliance duties."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of providing operational detail for the State Superannuation Act 1988. They cover standard superannuation administrative matters (contributions, interest rates, service recognition) and specific occupational categories that have historically been part of Victorian public sector super schemes. No significant scope creep is evident."},"complexity_factors":["Multiple nested conditions in regulation 7 (shift work allowances) with sub-sub-paragraphs (i), (ii), (A), (B) and cross-references to seven different sections of the Act","13 defined terms in regulation 5, several with their own internal conditions (e.g., 'child adolescent and family welfare officer' has two limbs with date and classification requirements)","Regulation 13 contains 8 subregulations with multiple exclusion conditions (4(a) through 4(e)) and an exception to an exception (4(d) allowing up to 3 years nursing training despite general exclusion of apprenticeships)","Extensive cross-referencing to the State Superannuation Act 1988 (sections 3, 4, 33, 39, 44, 46, 50, 52, 57, 58, 61C, 83A, 92)","Historical date-based calculations in Schedule 3 requiring lookup tables spanning 1949-1987","Three schedules containing detailed classification lists and mathematical factors that operate as lookup tables"],"plain_english_summary":"These regulations set the detailed rules for how Victoria's public sector superannuation scheme operates under the State Superannuation Act 1988. They cover who can retire early (such as prison officers, firefighters, police, and child welfare workers), how their pay is calculated for super purposes (including shift allowances), how much interest applies to old contributions, and how people can buy extra years of service to boost their pension. The regulations also list which other super schemes count towards benefits, how contributions get paid to the Board, and how some pensioners can swap part of their pension for a lump sum."}},"importantCases":[],"_links":{"self":"/api/acts/state-superannuation-regulations-2018","history":"/api/acts/state-superannuation-regulations-2018/history","analysis":"/api/acts/state-superannuation-regulations-2018/analysis","conflicts":"/api/acts/state-superannuation-regulations-2018/conflicts","importantCases":"/api/acts/state-superannuation-regulations-2018/important-cases","documents":"/api/acts/state-superannuation-regulations-2018/documents"}}