{"id":"nsw:sl-2022-0760","name":"Superannuation Administration (Cbus Transitional Provisions) Regulation 2022","slug":"superannuation-administration-cbus-transitional-provisions-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"760 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176175,"registerId":"nsw-nsw:sl-2022-0760-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Superannuation Administration (Cbus Transitional Provisions) Regulation 2022](/view/html/inforce/current/sl-2022-0760).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> Cbus superannuation fund means the Construction and Building Unions Superannuation Fund established by trust deed dated 29 May 1984.\n> \n> claim about the former scheme includes the following matters, but only to the extent that the matter relates to Pool B—\n> \n> > (a) a complaint about the former scheme or the trustee of the former scheme,\n> \n> > (b) a complaint about a matter involving the former scheme or the trustee of the former scheme that may give rise to a financial loss to a member or beneficiary of the former scheme,\n> \n> > (c) an application for a benefit or entitlement under the former scheme,\n> \n> > (d) a matter that was to be treated, because of a transitional provision in an Act or Regulation, as if it were a claim against the trustee of the former scheme.\n> \n> former scheme means the electricity industry superannuation scheme.\n> \n> Pool B means Energy Industries Superannuation Scheme Pool B, ABN 64 322 090 181 RSE R1004878.\n> \n> successor fund means the Cbus superannuation fund.\n> \n> the Act means the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039).\n> \n> transfer day means a day specified as the transfer day in a notice by the Minister published in the Gazette.\n> \n> transferred employer means an employer listed in Schedule 1 and includes a successor of an employer listed in Schedule 1.\n> \n> transferred member means a member of Pool B who is transferred to the successor fund under section 5.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transfer of members and employers","content":"# Part 2 Transfer of members and employers\n\nPart 2 Transfer of members and employers","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Part has no effect before transfer day","content":"#### 4 Part has no effect before transfer day\n\n4 Part has no effect before transfer day\n\n> This Part does not have effect before the transfer day.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of members","content":"#### 5 Transfer of members\n\n5 Transfer of members\n\n> A member of the former scheme is transferred to the successor fund.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Transfer of payment of certain benefits","content":"#### 6 Transfer of payment of certain benefits\n\n6 Transfer of payment of certain benefits\n\n> A benefit payable under the former scheme becomes payable in accordance with the governing rules of the successor fund.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Effect of transfer","content":"#### 7 Effect of transfer\n\n7 Effect of transfer\n\n> A transferred member ceases to have any entitlements, rights and obligations under the former scheme and in lieu of this has entitlements, rights and obligations under the successor fund.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Existing claims about former scheme","content":"#### 8 Existing claims about former scheme\n\n8 Existing claims about former scheme\n\n> > (1) Management of an existing claim becomes the responsibility of the trustee of the successor fund if the claim has not been finally dealt with before the transfer day.\n> \n> > (2) The trustee of the successor fund must deal with the existing claim in accordance with procedures under the successor fund.\n> \n> > (3) In this section—\n> > \n> > existing claim means a claim about the former scheme made to the trustee of the former scheme before the transfer day.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Other claims about former scheme","content":"#### 9 Other claims about former scheme\n\n9 Other claims about former scheme\n\n> > (1) A claim about the former scheme made after the transfer day must be managed and decided by the trustee of the successor fund.\n> \n> > (2) The trustee of the successor fund must deal with the claim in accordance with procedures under the successor fund.\n> \n> > (3) For the avoidance of doubt, a claim is a claim to which this section applies if—\n> > \n> > > (a) the claim relates to service with an employer before the transfer day by the following (a relevant person)—\n> > > \n> > > > (i) the member of the former scheme who is transferred under section 5,\n> > > \n> > > > (ii) the former member of a STC scheme, and\n> > \n> > > (b) the service was with a transferred employer who was responsible for the payment of benefits under the former scheme in respect of the service, and\n> > \n> > > (c) the claim is about entitlements or obligations of—\n> > > \n> > > > (i) a relevant person, or\n> > > \n> > > > (ii) a beneficiary of a relevant person.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Status of employers","content":"#### 10 Status of employers\n\n10 Status of employers\n\n> A transferred employer—\n> \n> > (a) is taken to no longer be an employer in respect of a transferred member for the purposes of the former scheme, and\n> \n> > (b) is instead taken to be an employer in respect of the transferred member for the purposes of the successor fund, and\n> \n> > (c) is bound by the terms of the trust deed establishing the successor fund, and\n> \n> > (d) must make payments and contributions to the successor fund—\n> > \n> > > (i) in respect of the transferred member, and\n> > \n> > > (ii) in accordance with the trust deed.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Mobility rights","content":"#### 11 Mobility rights\n\n11 Mobility rights\n\n> > (1A) For the Act, section 128(1)(a), the following public sector employers are prescribed—\n> > \n> > > (a) an employer listed in the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028), Schedule 3,\n> > \n> > > (b) an employer listed in the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211), Schedule 1.\n> \n> > (1) For the Act, section 128(1)(c), the eligibility criteria for an employee are—\n> > \n> > > (a) the employee is an employee of a transferred employer, and\n> > \n> > > (b) since the employment that made the employee eligible to be a member of or contributor to the STC scheme, the employee has—\n> > > \n> > > > (i) remained an employee of an STC employer, or\n> > > \n> > > > (ii) been employed by a succession of employers with no break in service longer than the prescribed time and each employer was, at the time of the employment—\n> > > > \n> > > > > (A) a transferred employer, or\n> > > > \n> > > > > (B) an STC employer.\n> \n> > (1AA) For the Act, section 128(2)(d), an employer is prescribed as a public sector employer if the employer—\n> > \n> > > (a) is listed in—\n> > > \n> > > > (i) the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028), Schedule 3, or\n> > > \n> > > > (ii) the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211), Schedule 1, and\n> > \n> > > (b) is responsible for making contributions under the STC scheme that the employee was previously a member of or contributed to.\n> \n> > (2) For the Act, section 128(2)(e), the eligibility criteria for an employee are—\n> > \n> > > (a) the employee was a transferred member, and\n> > \n> > > (b) since being transferred, the employee has—\n> > > \n> > > > (i) remained an employee of a transferred employer, or\n> > > \n> > > > (ii) been employed by a succession of employers with no break in service longer than the prescribed time and each employer was, at the time of the employment—\n> > > > \n> > > > > (A) a transferred employer, or\n> > > > \n> > > > > (B) an STC employer.\n> \n> > (3) In this section—\n> > \n> > prescribed time means a period of 3 months.\n> > \n> > STC employer means an employer responsible for making contributions under an STC scheme.\n> \n> **s 11:** Am 2024 (512), Sch 1\\[1\\] \\[2\\].","sortOrder":12},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Transferred employers","content":"# Schedule 1 Transferred employers\n\nSchedule 1 Transferred employers\n\nAurecon Australasia Pty Ltd\n\nAusgrid Management Pty Ltd\n\nCoal Services Pty Ltd\n\nEndeavour Energy Network Management Pty Ltd\n\nEnergy Industries Superannuation Scheme Pty Ltd\n\nEssential Energy\n\nNSW Electricity Network Operations Pty Limited\n\nSnowy Hydro Limited","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of facilitating the transfer of Pool B members from the electricity industry superannuation scheme to Cbus. The 2024 amendment to section 11 appears to be a technical refinement of mobility rights rather than a significant expansion of scope."},"complexity_factors":["Multiple defined terms (9 specific definitions in section 3, plus reliance on external Acts)","Cross-references to three other Acts (Superannuation Administration Act 1996, Superannuation Act 1916, State Authorities Superannuation Act 1987)","Nested conditions in section 11 regarding mobility rights (eligibility criteria with multiple sub-conditions)","Temporal dependencies — the Regulation's operation hinges on a 'transfer day' determined by Ministerial notice","Amendment note indicating the legislation has been modified since original enactment (2024 amendment referenced)"],"plain_english_summary":"This Regulation facilitates the transfer of electricity industry workers' superannuation from an old fund to a new one. Specifically, it moves members from 'Pool B' of the Energy Industries Superannuation Scheme (the former scheme) into Cbus (the Construction and Building Unions Superannuation Fund). \n\n**Key things this does:**\n\n*   **Moves members automatically** — If you're in Pool B of the electricity industry super fund, you get transferred to Cbus on the 'transfer day' (a date set by the Minister).\n*   **Switches your employer's obligations** — Your employer stops paying into the old fund and starts paying into Cbus instead. They're now bound by Cbus's rules.\n*   **Transfers your benefits** — Any money owed to you under the old scheme gets paid according to Cbus's rules instead.\n*   **Handles outstanding claims** — If you made a complaint or benefit claim about the old scheme before the transfer, Cbus takes over handling it. New claims after the transfer also go to Cbus.\n*   **Protects job mobility** — Special rules let certain electricity workers move between public sector employers and private electricity companies without losing their superannuation benefits, provided they don't have a break in service longer than 3 months.\n\n**Who it affects:**\n\n*   Electricity industry workers in Pool B of the Energy Industries Superannuation Scheme\n*   Their employers (listed in Schedule 1, including Ausgrid, Endeavour Energy, Essential Energy, Snowy Hydro, and others)\n*   The trustees of both the old and new super funds\n\n**Why it matters:**\nThis is essentially a housekeeping exercise to consolidate superannuation arrangements for electricity workers. Instead of having some workers in a separate electricity-specific fund, they're moved into Cbus, which is a larger industry fund. The Regulation ensures this happens smoothly — your money moves, your employer starts paying into the new fund, and any disputes or claims get handled by the new fund."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulation shifts legal coverage of Pool B members and related employer obligations from the former electricity industry superannuation scheme to the Cbus superannuation fund: members’ benefits and entitlements become governed by the successor fund’s trust deed, the successor trustee assumes responsibility for managing existing and future claims, and transferred employers are required to make contributions to the successor fund. Relevant provisions: definitions and Pool B scope (s 3), transfer mechanics and effect (ss 5–7), claims (ss 8–9), employer status and obligations (s 10), mobility rules (s 11) and the list of affected employers (Sch 1)."},"complexity_factors":["Cross-references to external statutes and instruments (the Act, the Interpretation Act, and Gazette notices) that determine commencement and interaction (ss 2, 3).","Definitions narrow coverage to Pool B and frame what counts as a ‘claim about the former scheme’, limiting application to certain matters (s 3).","Single, discrete transfer mechanics: members, benefits and rights are shifted to the successor fund on a transfer day (ss 5–7), which simplifies legal effect but requires administrative action.","Claims handling shifts to the successor trustee with an obligation to use successor procedures for both existing and new claims, imposing operational and procedural burdens on that trustee (ss 8–9).","Employer obligations and status change: transferred employers are recharacterised for each scheme and bound to the successor trust deed, creating ongoing contribution and compliance duties (s 10; Sch 1).","Mobility‑eligibility provisions set multi‑part criteria and a prescribed time limit (3 months), introducing conditional rules for employees’ choice rights (s 11).","Reliance on Schedule 1 listing specific employers creates concentrated legal effects for named entities and their successors (Sch 1)."],"plain_english_summary":"This Regulation moves Pool B members and their employer relationships from the Electricity Industry Superannuation Scheme (the former scheme) into the Cbus superannuation fund (the successor fund) on a Minister‑specified transfer day, so members’ benefits become payable under Cbus’s trust deed (see ss 3, 5–7). After transfer the successor trustee manages existing and new claims, transferred employers must make contributions under the successor trust deed, and specified mobility‑eligibility rules apply (see ss 8–11; Sch 1)."},"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 text, the regulation appears to remain consistent with its original stated purpose of providing transitional administrative provisions for Cbus. The October 2024 amendment does not appear, from the metadata alone, to have materially expanded or contracted its scope. It remains a time-limited, purpose-specific instrument targeted at managing a defined administrative transition."},"complexity_factors":["Limited substantive content is visible in the provided text — the actual operative provisions of the regulation are not displayed, making full analysis impossible","Interaction between NSW state superannuation law and the federal superannuation regulatory framework adds a layer of jurisdictional complexity","Transitional provisions by nature require understanding of both the old and new frameworks they bridge, which can be complex in context","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural dimension to understand","The regulation has been amended at least once (October 2024 update), suggesting some evolving complexity"],"plain_english_summary":"This NSW regulation provides a temporary administrative bridge for Cbus, ensuring member entitlements, accounts and processes remain valid and enforceable while the fund moves between regulatory or administrative frameworks. It affects Cbus members (mainly construction workers), the fund and its administrators, and employers who contribute to Cbus. In force since Dec 2022 (updated Oct 2024) and set to repeal 1 Sep 2028, it preserves continuity of super protections during the transition and generally requires no action by members or employers."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-administration-cbus-transitional-provisions-regulation-2022","history":"/api/acts/superannuation-administration-cbus-transitional-provisions-regulation-2022/history","analysis":"/api/acts/superannuation-administration-cbus-transitional-provisions-regulation-2022/analysis","conflicts":"/api/acts/superannuation-administration-cbus-transitional-provisions-regulation-2022/conflicts","importantCases":"/api/acts/superannuation-administration-cbus-transitional-provisions-regulation-2022/important-cases","documents":"/api/acts/superannuation-administration-cbus-transitional-provisions-regulation-2022/documents"}}