{"id":"F1997B02279","name":"Superannuation (Allocation of Previous Fund) Regulations","slug":"superannuation-allocation-of-previous-fund-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"156 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29546,"registerId":"commonwealth-F1997B02279-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Allocation of Previous Fund) Regulations","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nStatutory Rules\n\n1978 No. 156\n\nREGULATIONS UNDER THE SUPERANNUATION ACT 1976\\*\n\nI, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.\n\nDated this twenty-third day of August 1978.\n\nZELMAN COWEN.\n\nGovernor-General\n\nBy His Excellency’s Command,\n\n![Signature of Minister of State for Finance](image.002.jpeg)\n\nMinister of State for Finance\n\nSUPERANNUATION (ALLOCATION OF PREVIOUS FUND) REGULATIONS\n\nCitation\n\n1\\. These Regulations may be cited as the Superannuation (Allocation of Previous Fund) Regulations.\n\nInterpretation\n\n2. (1) In these Regulations, “ the Act ” means the Superannuation Act 1976.\n\n(2) An expression in these Regulations that is contained in Division 2 of Part XII of the Act has, unless the contrary intention appears, the same meaning for the purposes of these Regulations as it has in that Division.\n\nMatters to which the Minister is to have regard in making certain determinations\n\n3. (1) In making a determination under sub-section 175 (1), 176 (2) or 177 (2) of the Act, the Minister shall have regard to the relevant recommendations made to the Treasurer by the committee of 5 persons appointed to consider, amongst other things, the division and allocation of the existing Fund between existing contributors and persons who were pensioners under the superseded Act, being recommendations (other than those made by a minority of the persons constituting the committee) contained in the report of that committee presented to the Parliament on 20 October 1976.\n\n\\* Notified in the Commonwealth of Australia Gazette on 29 August 1978.\n\n13431/78—Cat. No. —Recommended retail price 15c 14/4.8.1978\n\n  \n\n(2) A reference in sub-regulation (1), in relation to a determination made under sub-section 175 (1), 176 (2) or 177 (2) of the Act, to the relevant recommendations made to the Treasurer shall be read as a reference—\n\n(a) in the case of a determination under sub-section 175 (1) of the Act—to recommendations 1 and 2 contained in the third chapter of the report referred to in that sub- regulation;\n\n(b) in the case of a determination under sub-section 176 (2) of the Act—to recommendations 3, 4 and 5 contained in the third chapter of that report; and\n\n(c) in the case of a determination under sub-section 177 (2) of the Act—to recommendations 7, 8, 9 and 10 contained in the third chapter of that report.\n\nCertain benefits to be treated as if they were a charge upon the existing Fund\n\n4. (1) In this regulation, unless the contrary intention appears—\n\n“ additional benefits ” means the increase (if any) payable on or after the commencing day in the benefits payable to or in respect of a prescribed person, being the increase payable by virtue of section 48ac, 48ad, 123 or 125 of the superseded Act or, except where pension was not payable (other than by reason of pension having been suspended) to the prescribed person at the commencement of the Act, by virtue of section 48au of the superseded Act;\n\n“ liability component ”, in relation to a prescribed person to whom, or in respect of whom, additional benefits were payable on the commencing day, means an amount equal to the sum of—\n\n(a) the value of those prescribed benefits (calculated in accordance with actuarial principles and practice by the person for the time being performing the duties of the Australian Government Actuary), being prescribed benefits included in the additional benefits payable to or in respect of the prescribed person, that are payable on or after the commencing day to the person or persons to whom additional benefits were payable on that day; and\n\n(b) the value of the benefits payable to or in respect of the prescribed person that were a charge upon the existing Fund immediately before that day;\n\n“ pensioner component ”, in relation to a prescribed person to whom, or in respect of whom, additional benefits were payable on the commencing day, means that part of the value of the net assets of the existing Fund that the person\n\n  \n\nfor the time being performing the duties of the Australian Government Actuary determines, in accordance with actuarial principles and practice, as being attributable to, or in relation to, that prescribed person;\n\n“ prescribed benefits ” means that part of the additional benefits payable to or in respect of a prescribed person that would have been a charge on the existing Fund if the additional benefits had become payable before the commencing day;\n\n“ prescribed person ” means a person, including a deceased per- son, who was a contributor for the purposes of the superseded Act and to whom, or in respect of whom, at the commencement of the Act, pension, other than a non-contributory pension, was payable or would, but for the pension having been suspended, have been payable under—\n\n(a) the superseded Act; or\n\n(b) section 10 of the Superannuation (Pension Increases) Act 1971.\n\n(2) Where the liability component of a prescribed person to whom, or in respect of whom, additional benefits were payable on the commencing day is greater in value than his pensioner component, the prescribed benefits payable to or in respect of that person shall be taken by the person making the determination under sub-regulation (3) to be the prescribed benefits that would be so payable if—\n\n(a) the liability component of the prescribed person were of the same value as his pensioner component; and\n\n(b) the value of the benefits payable to or in respect of the prescribed person that were a charge upon the existing Fund immediately before the commencing day were unchanged.\n\n(3) For the purposes of sub-section 176 (2) of the Act, prescribed benefits that the person for the time being performing the duties of the Australian Government Actuary determines, in accordance with actuarial principles and practice, would, on the commencing day, have been regarded as becoming payable to or in respect of each prescribed person on or after that day shall be treated as if they were a charge upon the existing Fund immediately before the commencing day.\n\nPrinted by Authority by the Commonwealth Government Printer","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations implement allocation and valuation procedures required by the Superannuation Act 1976 for dividing the existing Fund and treating specified additional benefits as charges on that Fund (see regs 2(2), 3(1)–(2) and 4(1)–(3)). They do not expand or narrow the statutory subject matter but prescribe decision‑making criteria and actuarial methods to apply the Act and a specific committee report."},"complexity_factors":["Reg 3(1)–(2): Ministerial determinations under ss.175(1), 176(2) and 177(2) of the Act must 'have regard to' specific committee recommendations (report presented 20 Oct 1976) — requires cross‑reading external report and statutory provisions, creating interpretive complexity.","Reg 2(2): Many defined expressions must be read as in Division 2 of Part XII of the Act — mandates simultaneous interpretation of the Act and these Regulations.","Reg 4(1): Multiple technical definitions (\"additional benefits\", \"liability component\", \"pensioner component\", \"prescribed benefits\", \"prescribed person\") embed actuarial and eligibility detail that drives outcomes.","Reg 4(2)–(3): Allocation mechanics depend on actuarial valuation by the person performing the duties of the Australian Government Actuary; translating present values into treated 'charges' on the existing Fund is technically precise and administratively burdensome.","Operational and who‑pays effect: the Regulations convert certain future increases into an immediate charge on the existing Fund (reg 4(3)), changing the timing and bearer of payment obligations and imposing computation and recordkeeping duties on government administrators and the Actuary.","Discretion vs constraint: 'have regard to' and 'unless the contrary intention appears' (regs 3, 4(1)) leave interpretive room for officials while signalling mandatory reference points, increasing legal uncertainty about margins of discretion.","Cross‑instrument reliance: the Regulations rely on the committee report and sections of the superseded Act (e.g. ss.48ac, 48ad, 48au, 123, 125) mentioned in reg 4(1), so accurate implementation requires locating and applying those historical provisions."],"plain_english_summary":"These regulations set how entitlements from the pre-existing government superannuation Fund are allocated when the Superannuation Act 1976 takes effect. They require the Minister to have regard to specified parliamentary committee recommendations and require the Australian Government Actuary to calculate ‘liability’ and ‘pensioner’ components so certain additional benefits are treated as charges on the existing Fund. They affect pensioners and former contributors, constrain Ministerial decision‑making, and impose actuarial valuation work that determines who ultimately bears costs."},"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":false,"description":"The regulations appear tightly scoped to their original purpose: implementing the specific recommendations of the 1976 committee regarding allocation of the pre-1976 superannuation fund. The scope is limited to transitional arrangements for the 1976 Act reform and does not appear to have expanded beyond this original intent."},"complexity_factors":["Heavy reliance on defined terms (5 specific definitions in regulation 4 alone, including nested definitions like 'prescribed benefits' depending on 'additional benefits')","Multiple cross-references to external documents (the 1976 committee report with specific chapter and recommendation numbers)","Cross-references to repealed/superseded legislation ('superseded Act', 'Superannuation (Pension Increases) Act 1971')","Actuarial calculations required ('actuarial principles and practice', 'Australian Government Actuary')","Conditional logic with multiple layers (regulation 4(2) applies only when liability component > pensioner component, triggering hypothetical adjustments)","Temporal complexity involving 'commencing day' calculations and benefits payable 'on or after' specific dates","Regulation 3 requires mapping specific Act subsections to specific recommendations in a Parliamentary report (recommendations 1-2, 3-5, and 7-10 from chapter 3)"],"plain_english_summary":"These regulations set rules for how to divide up an old government superannuation (retirement) fund when switching to a new system in 1976.\n\n**What this does:**\n- When Australia replaced its old public service superannuation scheme with the **Superannuation Act 1976**, there was an existing pot of money (the \"existing Fund\") that needed to be split between current workers and existing pensioners.\n- These regulations tell the Minister what factors to consider when deciding how to allocate this money, specifically requiring them to follow recommendations from a 5-person committee that reported to Parliament in October 1976.\n\n**Who it affects:**\n- **\"Prescribed persons\"** — mainly retired public servants who were receiving pensions (or would have been if their pension hadn't been temporarily suspended) under the old scheme.\n- Current public servants who were contributing to the old fund.\n\n**The key mechanism:**\n- The regulations create a formula to work out if some people are owed extra money (\"additional benefits\") due to pension increases.\n- If the amount owed to someone (their \"liability component\") is more than their fair share of the fund (their \"pensioner component\"), the extra amount gets adjusted down.\n- These adjusted amounts are then treated as if they were already owed before the new Act started, ensuring they're paid from the old fund's assets.\n\n**Why it matters:**\nThis is essentially a **transitional fairness mechanism**. It ensures that when the government changed superannuation systems, people who had already retired didn't lose out on pension increases they were entitled to, while making sure the old fund's money was divided fairly between retirees and current workers."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-allocation-of-previous-fund-regulations","history":"/api/acts/superannuation-allocation-of-previous-fund-regulations/history","analysis":"/api/acts/superannuation-allocation-of-previous-fund-regulations/analysis","conflicts":"/api/acts/superannuation-allocation-of-previous-fund-regulations/conflicts","importantCases":"/api/acts/superannuation-allocation-of-previous-fund-regulations/important-cases","documents":"/api/acts/superannuation-allocation-of-previous-fund-regulations/documents"}}