{"id":"nsw:sl-2024-0512","name":"Superannuation Administration (Vision Super Transitional Provisions) Regulation 2024","slug":"superannuation-administration-vision-super-transitional-provisions-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"512 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174648,"registerId":"nsw-sl-2024-0512-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 (Vision Super Transitional Provisions) Regulation 2024](/view/html/inforce/current/sl-2024-0512).","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> claim, about the former scheme, includes the following matters, but only to the extent the matter relates to a defined benefit division—\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> defined benefit division means Division B, Division C or Division D of the former scheme.\n> \n> former scheme means the local government superannuation scheme.\n> \n> successor fund means Vision Super.\n> \n> the Act means the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039).\n> \n> transfer day means the day specified as the transfer day by the Minister in a notice 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 a defined benefit division who is transferred to the successor fund under section 5.\n> \n> Vision Super means the Local Authorities Superannuation Fund, ABN 24 496 637 884.\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—the Act, ss 127B and 128","content":"# Part 2 Transfer of members and employers—the Act, ss 127B and 128\n\nPart 2 Transfer of members and employers—the Act, ss 127B and 128","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 entitlements, rights and obligations under the former scheme and instead 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) The 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) To avoid doubt, this section applies to a claim 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) a member of the former scheme who is transferred under section 5,\n> > > \n> > > > (ii) a former member of an 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 for the service, and\n> > \n> > > (c) the claim is about the 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 of a transferred member for the former scheme, and\n> \n> > (b) is instead taken to be an employer of the transferred member for 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) for 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> > (1) 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> > (2) For the Act, section 128(1)(c), the eligibility requirements 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> > (3) 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> > (4) For the Act, section 128(2)(e), the eligibility requirements 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> > (5) 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.","sortOrder":12},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Transferred employers","content":"# Schedule 1 Transferred employers\n\nSchedule 1 Transferred employers\n\nA council or county council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)\n\nAustralian Red Cross Lifeblood\n\nCivic Risk Mutual Ltd\n\nIllawarra Shoalhaven Joint Organisation\n\nLocal Government NSW\n\nLocal Government Procurement Pty Ltd\n\nMurrumbidgee Irrigation Limited\n\nNew South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, operating as the United Services Union\n\nNSW Rural Fire Service\n\nOther employers who, immediately before the transfer day, were responsible for the payment of benefits or contributions for a defined benefit division","sortOrder":13},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Amendment of Superannuation Administration (Cbus Transitional Provisions) Regulation 2022","content":"# Schedule 2 Amendment of Superannuation Administration (Cbus Transitional Provisions) Regulation 2022\n\nSchedule 2 Amendment of [Superannuation Administration (Cbus Transitional Provisions) Regulation 2022](/view/html/inforce/current/sl-2022-0760)","sortOrder":14}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the regulation appears to serve its stated purpose as temporary transitional provisions for Vision Super. There is no evidence of scope creep from the original intent. The automatic repeal date of 1 September 2030 is consistent with a tightly scoped, time-limited instrument. However, without access to the substantive provisions, a fully confident assessment cannot be made."},"complexity_factors":["Cross-jurisdictional element: NSW legislation applying to a Victorian superannuation fund creates potential confusion about which state's laws govern members","Transitional provisions are inherently complex because they operate alongside both old and new legal frameworks simultaneously","Superannuation law generally involves interaction between state and federal regulatory regimes (APRA, SIS Act etc.)","The actual substantive provisions were not available for review, making full complexity assessment impossible","Staged repeal mechanism adds a temporal legal dimension that must be tracked","Complexity is rated conservatively low-to-moderate because transitional regulations are typically narrowly scoped and time-limited"],"plain_english_summary":"This NSW regulation sets temporary transitional rules governing Vision Super — a superannuation fund serving Victorian local government employees — to manage a structural change or transfer so members’ and employers’ entitlements are protected during the handover. It affects Vision Super members, their employers and the fund’s administrators, and is time-limited, expiring automatically on 1 September 2030."},"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":4,"scope_assessment":{"changed":true,"description":"The regulation changes scope by moving defined‑benefit members, employer obligations and claim management from the local government superannuation scheme into Vision Super, and by prescribing which employers count as public‑sector or transferred employers for mobility and contribution rules. It also amends a separate Cbus transitional regulation to align prescribed employer categories (see ss5–11, Schedule 1 and Schedule 2)."},"complexity_factors":["Multiple cross‑references to the Superannuation Administration Act 1996 and other statutes (interpretation dependence).","Detailed definitions and limited scope (defined benefit divisions, transferred member/employer) that determine who is affected (s3).","Operational transfer mechanics: entitlement substitution, payment rule migration, and trustee responsibility for past and future claims (ss5–9).","Prescriptive mobility eligibility rules and a short prescribed time period (3 months) affecting continuity of employment (s11).","List of specific transferred employers in Schedule 1 and a residual category for other responsible employers.","Ministerial discretion to set the transfer day (definition of transfer day) which affects timing of legal effects.","Amendment to another transitional regulation (Sch 2) requiring coordinated interpretation across instruments."],"plain_english_summary":"This regulation transfers members, employer responsibilities, claims and benefit payment rules from the local government superannuation scheme (the “former scheme”) into Vision Super. From the Minister’s transfer day, transferred members lose entitlements under the former scheme and gain entitlements under Vision Super; employers listed in Schedule 1 must make payments under Vision Super’s trust deed (ss5–7,10).\n\nThe Vision Super trustee becomes responsible for managing existing and new claims (ss8–9), the regulation prescribes certain public-sector employers and mobility eligibility rules (s11), and it amends a related Cbus transitional regulation (Sch 2)."},"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: facilitating the transfer of defined benefit members from the local government superannuation scheme to Vision Super. The scope includes necessary ancillary provisions (claims handling, employer status, mobility rights) that are directly related to this transfer. The amendment to the Cbus regulation in Schedule 2 is consistent with parallel transitional arrangements for different superannuation funds."},"complexity_factors":["Multiple cross-references to other Acts (Superannuation Administration Act 1996, Superannuation Act 1916, State Authorities Superannuation Act 1987, Local Government Act 1993)","Nested definitions (e.g., 'claim' includes matters relating to 'defined benefit division', which is itself defined)","Conditional logic in mobility rights (section 11) with multiple eligibility criteria and succession of employment requirements","Transitional provisions that depend on a future 'transfer day' to be gazetted by the Minister","Amendments to existing regulations (Schedule 2 modifies the Cbus Transitional Provisions Regulation 2022)","Reference to external schedules and trust deeds not fully reproduced in the regulation"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation facilitates the transfer of a specific group of public sector workers from an old superannuation scheme to a new one. Specifically, it moves members of the **local government superannuation scheme** (the \"former scheme\") who are in **defined benefit divisions** (Divisions B, C, and D) over to **Vision Super** (also known as the Local Authorities Superannuation Fund).\n\n**Who it affects:**\n\n*   **Transferred members:** Local government employees in defined benefit divisions who will be moved to Vision Super.\n*   **Transferred employers:** Councils, county councils, and other organisations listed in Schedule 1 (including the NSW Rural Fire Service, Australian Red Cross Lifeblood, and various local government bodies). These employers must now make super contributions to Vision Super instead of the old scheme.\n*   **Former members of STC schemes:** People who used to be in State Authorities Superannuation schemes and have moved between eligible employers.\n\n**Key changes:**\n\n*   **Automatic transfer:** Members are automatically transferred to Vision Super on the \"transfer day\" (a date set by the Minister).\n*   **Benefits switch over:** Any benefits owed under the old scheme will now be paid according to Vision Super's rules.\n*   **Claims handling:** Any outstanding complaints or benefit applications about the old scheme become Vision Super's responsibility to resolve.\n*   **Employer obligations:** Transferred employers must stop contributing to the old scheme and start contributing to Vision Super for affected employees.\n*   **Mobility rights:** The regulation preserves employees' ability to move between certain public sector employers (like those listed in the Superannuation Act 1916 and State Authorities Superannuation Act 1987) without losing their superannuation benefits, provided they don't have breaks in service longer than 3 months.\n\n**Why it matters:**\n\nThis is part of a broader consolidation of public sector superannuation in NSW. It ensures that local government workers in defined benefit schemes can be transferred to Vision Super while protecting their existing entitlements, preserving their ability to move between public sector jobs, and ensuring continuity of employer contribution obligations."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-administration-vision-super-transitional-provisions-regulation-2024","history":"/api/acts/superannuation-administration-vision-super-transitional-provisions-regulation-2024/history","analysis":"/api/acts/superannuation-administration-vision-super-transitional-provisions-regulation-2024/analysis","conflicts":"/api/acts/superannuation-administration-vision-super-transitional-provisions-regulation-2024/conflicts","importantCases":"/api/acts/superannuation-administration-vision-super-transitional-provisions-regulation-2024/important-cases","documents":"/api/acts/superannuation-administration-vision-super-transitional-provisions-regulation-2024/documents"}}