{"id":"sr:state-superannuation-revised-scheme-medical-classifications-regulations","name":"State Superannuation (Revised Scheme Medical Classifications) Regulations 2019","slug":"state-superannuation-revised-scheme-medical-classifications-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181543,"registerId":"vic-sr:state-superannuation-revised-scheme-medical-classifications-regulations-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"State Superannuation (Revised Scheme Medical Classifications) Regulations 2019","content":"Version No. 001\n\n**State Superannuation (Revised Scheme Medical Classifications) Regulations 2019**\n\n**S.R. No. 33/2019**\n\nVersion as at  \n26 May 2019\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Full benefits payable 2\n\n7 Limited contributors 2\n\n8 Service benefits contributors 3\n\n9 Death benefits 3\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Amendments Not in Operation 7\n\n4 Explanatory details 8\n\n**Version No.** **001**\n\n**State Superannuation (Revised Scheme Medical Classifications) Regulations 2019**\n\n**S.R. No. 33/2019**\n\nVersion as at  \n26 May 2019\n\n\t1 Objective\n\nThe objective of these Regulations is to specify the greater benefits payable under section 63(b) of the **State Superannuation Act 1988**, as in force immediately before its repeal by section 88 of the **Superannuation Legislation Amendment Act 2010**[[1]](#endnote-1), when a revised scheme member who is a limited contributor becomes disabled or when a revised scheme member who is a service benefits contributor dies or becomes disabled.\n\n\t2 Authorising provisions\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 26 May 2019.\n\n\t4 Revocation\n\nThe State Superannuation (Revised Scheme Medical Classifications) Regulations 2009[[2]](#endnote-2) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***membership*** means the period in years for which a revised scheme member has made contributions to the State Superannuation Fund or the Fund, including contributions under section 49 of the Act and other unpaid parental leave which is recognised as service under the Act;\n\n***the Act*** means the **State Superannuation Act 1988**;\n\n***total membership*** means the years of membership the officer could have completed from commencement of membership until the age of 60 years.\n\n\t6 Full benefits payable\n\nA revised scheme member who has been classified as a limited or a service benefits contributor must for the purposes of calculating benefits be deemed to be a full benefits contributor if—\n\n(a) the membership of the revised scheme member is not less than 20 years; or\n\n(b) the revised scheme member has reached the age of 60 years; or\n\n(c) the Board is of the opinion that the death or disability of the revised scheme member was not caused or substantially contributed to by a condition related to the reasons for the medical classification.\n\n\t7 Limited contributors\n\nSubject to regulation 6, if a revised scheme member who has been classified as a limited contributor retires on the grounds of disability, the pension payable is equal to the sum of—\n\n(a) two-thirds of the revised scheme member's pension; and\n\n(b) one-third of the revised scheme member's pension multiplied by  \n![](); and\n\n(c) five per cent per year of membership (subject to a maximum of 20 years) of the amount of the revised scheme member's pension reduced by the total of the amounts specified in paragraphs (a) and (b).\n\n\t8 Service benefits contributors\n\nSubject to regulation 6, if a revised scheme member who has been classified as a service benefits contributor retires on the grounds of disability before the age of 60 years, the pension payable is equal to the sum of—\n\n(a) ten per cent of the revised scheme member's pension; and\n\n(b) ninety per cent of the revised scheme member's pension multiplied by  \n![](); and\n\n(c) five per cent per year of membership (subject to a maximum of 20 years) of the amount of the revised scheme member's pension reduced by the total of the amounts specified in paragraphs (a) and (b).\n\n\t9 Death benefits\n\nSubject to regulation 6, on the death of a revised scheme member who has been classified as a service benefits contributor, the revised scheme member's pension for the purposes of section 36(1) and (3) of the Act must be calculated in accordance with regulation 8.\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 (Revised Scheme Medical Classifications) Regulations 2019, S.R. No. 33/2019 were made on 21 May 2019 by the Governor in Council on the recommendation of the Emergency Services Superannuation Board under section 92 of the **State Superannuation Act 1988**, No. 50/1988 and came into operation on 26 May 2019: regulation 3.\n\nThe State Superannuation (Revised Scheme Medical Classifications) Regulations 2019 will sunset 10 years after the day of making on 21 May 2029 (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 (Revised Scheme Medical Classifications) Regulations 2019 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. Section 102 of the **State Superannuation Act 1988** provides that despite the repeal of section 63, that section as in force immediately before its repeal continues to apply to any person who was a pensioner immediately before the commencement of that repeal. [↑](#endnote-ref-1)\n\n2. Reg. 4: S.R. No. 57/2009. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulation appears tightly scoped to its stated purpose of updating or setting medical classifications within the existing State Superannuation Revised Scheme. There is no evidence of scope creep beyond this narrow administrative function. However, the very limited source text means a definitive assessment cannot be made."},"complexity_factors":["Narrow, technical subject matter limited to medical classification categories within a specific superannuation scheme","Operates within a larger legislative framework (State Superannuation Act) requiring cross-referencing to understand full effect","Medical classification criteria may involve specialised terminology requiring interpretation by medical and legal professionals","Limited source text provided — actual regulatory content could increase complexity if examined in full","Affects a relatively small, defined group (Victorian public sector Revised Scheme members)"],"plain_english_summary":"This regulation updates the medical classification framework used in the State Superannuation Revised Scheme, affecting how members’ medical conditions are assessed for disability-related eligibility and benefit levels. It therefore matters to Victorian public servants covered by the scheme who may claim incapacity or disability benefits.\n\nNote: the full text wasn’t available; this summary is inferred from the regulation’s title and usual legislative practice."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose. They replace the 2009 version with updated provisions that perform the same function: specifying benefit calculations for medically classified members of Victoria's old superannuation scheme. The scope has not expanded beyond this specific technical purpose."},"complexity_factors":["Only 9 substantive regulations with 3 defined terms","Mathematical formulas in regulations 7 and 8 with fractional calculations and ratio-based multipliers (though the actual ratio formula appears as an empty image placeholder in the source)","Nested conditional logic: regulation 6 creates exceptions to the default rules, which then apply 'subject to' regulation 6 in regulations 7-9","Cross-references to repealed provisions of the State Superannuation Act 1988 (section 63) that continue to apply via savings provisions","Requires understanding of three distinct membership categories (full benefits, limited, service benefits) which are defined elsewhere in the primary Act, not in these regulations","Dual calculation pathways depending on whether regulation 6 upgrade applies or not"],"plain_english_summary":"These regulations set out how much money Victorian public servants get from their superannuation (retirement fund) if they become disabled or die, specifically for a group called 'revised scheme members' who have medical restrictions on their work.\n\n**Who this affects:**\n- **Revised scheme members** — public servants in Victoria's old State Superannuation scheme who were medically classified as having limited work capacity or only entitled to service benefits (a lower tier of coverage due to health conditions).\n- Specifically two sub-groups:\n  - **Limited contributors** — people whose medical conditions restricted them from full duties but who could still work in some capacity.\n  - **Service benefits contributors** — people with more serious medical restrictions who could only access a basic level of super benefits.\n\n**What the rules do:**\n\n**Better benefits in some cases (Regulation 6):**\nNormally, limited and service benefits contributors get reduced payouts. But they get treated as **full benefits contributors** (the top tier) if:\n- They've contributed for at least 20 years; OR\n- They've turned 60; OR\n- The superannuation board decides their death or disability wasn't caused by the medical condition that originally restricted them.\n\n**How payouts are calculated if NOT upgraded to full benefits:**\n\n*For limited contributors who retire due to disability (Regulation 7):*\n- They get a blended pension calculated in three parts:\n  - Two-thirds of their base pension amount\n  - One-third multiplied by a ratio of their actual membership years versus what they could have worked until age 60\n  - Plus a 5% boost per year of membership (capped at 20 years) on the remaining amount\n\n*For service benefits contributors who retire due to disability before age 60 (Regulation 8):*\n- Similar three-part formula but weighted differently:\n  - Only 10% of base pension\n  - 90% multiplied by the same ratio\n  - Same 5% yearly boost (capped at 20 years) on the remainder\n\n*For service benefits contributors who die (Regulation 9):*\n- Their death benefit pension is calculated using the same formula as disability retirement in Regulation 8.\n\n**Why this matters:**\nThese rules prevent people with pre-existing medical conditions from being unfairly penalised if they become disabled or die from unrelated causes. The regulations create a sliding scale — the closer you were to retirement or the more years you contributed, the better your payout, with a safety valve for those whose new disability isn't linked to their old medical restrictions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations implement and specify how the historic entitlement under section 63(b) of the State Superannuation Act 1988 operates for revised scheme members (reg 1) and revoke the 2009 regulations (reg 4). They clarify calculation mechanics and deeming rules but do not expand or narrow the class of persons covered by the original section; they preserve application to persons who were pensioners immediately before repeal (endnote 4)."},"complexity_factors":["Interplay with the State Superannuation Act 1988 and a repealed section (s63) — must apply historic entitlement rules (reg 1; endnote 4).","Board discretion to determine causation of death/disability (reg 6(c)) creates case‑by‑case decisionmaking and legal review risk.","Numeric pension formulas rely on membership, age and percentage multipliers; applying them requires actuarial computation (regs 5–8).","Definitions like 'membership' and 'total membership' affect benefit amounts and require accurate service records (reg 5).","Revocation of the 2009 regulations changes the governing instrument and may require administrative transition (reg 4).","Text includes placeholders for multiplication factors (displayed as images/links missing), making precise application unclear from this version (regs 7–8).","Sunset timing and transitional application to existing pensioners is governed by cross‑references and endnotes, adding interpretive steps (endnote 1)."],"plain_english_summary":"These regulations set how higher disability and death pensions are calculated for members of the State Superannuation Revised Scheme who were medically classified as limited or service‑benefits contributors. They prescribe when such members are treated as full‑benefit contributors (so they get greater payments), the percentage formulas used to compute pensions, and give the Board discretion to find causation of disability or death (reg 6(c)). Costs fall on the State Superannuation Fund; administration requires actuarial calculation of membership and percentage multipliers (regs 5–8)."}},"importantCases":[],"_links":{"self":"/api/acts/state-superannuation-revised-scheme-medical-classifications-regulations-2019","history":"/api/acts/state-superannuation-revised-scheme-medical-classifications-regulations-2019/history","analysis":"/api/acts/state-superannuation-revised-scheme-medical-classifications-regulations-2019/analysis","conflicts":"/api/acts/state-superannuation-revised-scheme-medical-classifications-regulations-2019/conflicts","importantCases":"/api/acts/state-superannuation-revised-scheme-medical-classifications-regulations-2019/important-cases","documents":"/api/acts/state-superannuation-revised-scheme-medical-classifications-regulations-2019/documents"}}