{"id":"F2008B00484","name":"Superannuation Benefits (Supervisory Mechanisms) Act 1990 - Prescribed Requirements Determination No. 1 of 1999","slug":"superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-1-o","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71717,"registerId":"commonwealth-F2008B00484-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Benefits (Supervisory Mechanisms) Act 1990 - Prescribed Requirements Determination No. 1 of 1999","content":"![](image.001.jpeg)\n\nPrescribed Requirements Determination No. 1 of 1999\n\nas amended\n\nmade under section 6 of the\n\nSuperannuation Benefits (Supervisory Mechanisms) Act 1990\n\nCompilation start date: 18 June 2014\n\nIncludes amendments up to: Prescribed Requirements Amendment Determination 2014 (No. 1)\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Prescribed Requirements Determination No. 1 of 1999 as in force on 18 June 2014. It includes any commenced amendment affecting the legislation to that date.\n\nThis compilation was prepared on 18 June 2014.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.\n\nProvisions ceasing to have effect\n\nIf a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.\n\n I, Sandra Kay Wilson, Branch Manager Commonwealth Superannuation Group of the Department of Finance and Administration, delegate of JOHN JOSEPH FAHEY, Minister for Finance and Administration, acting under section 6 of the Superannuation Benefits (Supervisory Mechanisms) Act 1990, determine that the prescribed requirements set out in Schedule 1 are to apply, in respect of persons described in Schedule 2, to the provision of superannuation benefits under superannuation arrangements, in addition to superannuation benefits being provided under the Superannuation Act 1976, or the Superannuation Act 1990, or the Superannuation (Productivity Benefit) Act 1988 or a personalised superannuation arrangement.\n\nSchedule 1\n\n The following requirements are to be satisfied:\n (a) the arrangement must be provided through a fund, chosen by the employee, which is a “complying superannuation fund” or a Retirement Savings Account;\n (b) all contributions made to the arrangement are vested in the employee, and benefits are automatically preserved in accordance with Part 6 of the Superannuation Industry (Supervision) Regulations or a similar arrangement in respect of a Retirement Savings Account;\n (c) the arrangement must not result in any increase in employment costs to the employing agency; and\n (d) employer contributions cease on, or immediately following, termination of employment.\n In this schedule:\n\n> Complying superannuation fund means a fund for the purposes of section 45 of the Superannuation Industry (Supervision) Act 1993.\n\n> Retirement Savings Account means an account defined in section 8 of the Retirement Savings Accounts Act 1997.\n\nSchedule 2\n\n 1. A person occupying the position of “Secretary” as defined in section 7 of the Public Service Act 1999.\n 2. The holder of a public office other than holders of those offices who are members of, or candidates for election to, either House of the Parliament.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nEndnote 5—Uncommenced amendments\n\nEndnote 6—Modifications\n\nEndnote 7—Misdescribed amendments\n\nEndnote 8—Miscellaneous\n\nIf there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.\n\nUncommenced amendments—Endnote 5\n\nThe effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.\n\nModifications—Endnote 6\n\nIf the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.\n\nMisdescribed amendments—Endnote 7\n\nAn amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.\n\nMiscellaneous—Endnote 8\n\nEndnote 8 includes any additional information that may be helpful for a reader of the compilation.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted | pres = present |\n| ------------------------------------------------------ | ----------------------------------- |\n| am = amended | prev = previous |\n| c = clause(s) | (prev) = previously |\n| Ch = Chapter(s) | Pt = Part(s) |\n| def = definition(s) | r = regulation(s)/rule(s) |\n| Dict = Dictionary | Reg = Regulation/Regulations |\n| disallowed = disallowed by Parliament | reloc = relocated |\n| Div = Division(s) | renum = renumbered |\n| exp = expired or ceased to have effect | rep = repealed |\n| hdg = heading(s) | rs = repealed and substituted |\n| LI = Legislative Instrument | s = section(s) |\n| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |\n| mod = modified/modification | Sdiv = Subdivision(s) |\n| No = Number(s) | SLI = Select Legislative Instrument |\n| o = order(s) | SR = Statutory Rules |\n| Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |\n| orig = original | SubPt = Subpart(s) |\n| par = paragraph(s)/subparagraph(s)/sub‑subparagraph(s) | |\n\n> Note: Endnote 3—Legislation history\n\n| Name | FRLI registration | Commencement | Application, saving and transitional provisions |\n| ------------------------------------------------------------ | ------------------------------ | ------------ | ----------------------------------------------- |\n| Prescribed Requirements Determination No. 1 of 1999 | 20 Aug 2008 (see F2008B00484) | 25 Mar 1999 | |\n| Prescribed Requirements Amendment Determination 2014 (No. 1) | 17 June 2014 (see F2014L00730) | 18 June 2014 | — |\n\n> Note: Endnote 4—Amendment history\n\n```html\n

Provision affected

How affected

Sch 1

Sch 1...................

am No 1, 2014

Sch 2

Sch 2...................

am No 1, 2014

\n```\n\n> Note: Endnote 5—Uncommenced amendments \\[none\\]\n\n> Note: Endnote 6—Modifications \\[none\\]\n\n> Note: Endnote 7—Misdescribed amendments \\[none\\]\n\n> Note: Endnote 8—Miscellaneous \\[none\\]","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination remains narrowly focused: it prescribes specific requirements that additional superannuation arrangements must meet for the listed senior public office holders. Amendments recorded in the compilation (including the 2014 amendment) update technical references and the wording of Schedules but do not materially broaden the class of persons covered or the types of regulatory controls imposed. The core scope — requiring use of a complying fund/RSA, immediate vesting and preservation, no increased employment costs, and cessation of employer contributions on termination (Schedule 1) for the persons listed in Schedule 2 — is consistent with the instrument's original purpose."},"complexity_factors":["Short instrument with two short schedules and four substantive requirements (Schedule 1(a)–(d))","Three externally defined terms referenced in‑instrument (\"comlying superannuation fund\", \"Retirement Savings Account\", \"Secretary\")","Cross‑references to multiple external statutes and regulations: Superannuation Industry (Supervision) Act 1993 s 45; Retirement Savings Accounts Act 1997 s 8; Superannuation Industry (Supervision) Regulations Part 6; Public Service Act 1999 s 7","Simple conditional requirements (vesting, preservation, employer cost cap, cessation on termination) rather than nested exceptions","Amendment history present (2014) but amendments are limited to schedules—no large-scale restructures or layered transitional provisions"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- It sets four mandatory conditions that must be met for any extra (non‑statutory) superannuation arrangement offered to certain senior public office holders. Those conditions are listed in Schedule 1 (paragraphs (a)–(d)).\n - The employee must choose a fund that is either a \"complying superannuation fund\" (as defined for the Superannuation Industry (Supervision) Act 1993, s 45) or a Retirement Savings Account (Schedule 1(a)).\n - All contributions are the employee's property (they \"vest\" immediately) and benefits must be preserved automatically in the way required by Part 6 of the Superannuation Industry (Supervision) Regulations or the equivalent for an RSA (Schedule 1(b)).\n - The arrangement cannot increase employment costs for the employer agency (Schedule 1(c)).\n - Employer contributions must stop on, or immediately after, termination of employment (Schedule 1(d)).\n\n- The rules apply to the people listed in Schedule 2. That list includes: (1) a person occupying the position called \"Secretary\" under the Public Service Act 1999, and (2) holders of a public office except those who are serving or standing for Parliament (Schedule 2, items 1–2).\n\n- The determination was made by a delegate of the Minister under section 6 of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 and operates as a prescribed set of requirements that sit alongside benefits under the Superannuation Act 1976, Superannuation Act 1990, the Superannuation (Productivity Benefit) Act 1988 or a personalised superannuation arrangement.\n\nWhy the instrument exists (as claimed in the text)\n\n- The text frames these requirements as conditions to allow superannuation benefits to be provided through additional arrangements for the specified officers, while ensuring those arrangements meet particular standards: use of a regulated fund or RSA, immediate vesting and preservation of contributions, no extra cost to the employer agency, and cessation of employer contributions at employment termination (see the opening determination paragraph and Schedule 1).\n\nCosts, incentives, trade‑offs and implementation mechanics (tested against the stated purpose)\n\n- Who decides and who chooses: the employee chooses the fund (Schedule 1(a)); the employing agency and its administrators must implement and enforce the requirements. The instrument itself was made by the Minister's delegate under the enabling Act.\n\n- Who pays and when costs change: the instrument forbids any increase in employment costs arising from the arrangement (Schedule 1(c)) and requires employer contributions to cease at termination (Schedule 1(d)). Mechanically, that keeps additional employer financial exposure capped at the existing level of contributions while the employee is employed.\n\n- What changes for behaviour and markets: directing arrangements to funds that meet the legal definition of a \"complying superannuation fund\" or an RSA (Schedule 1(a)) channels flows to regulated providers that satisfy those statutory tests. That creates predictable demand for such funds among the covered officers.\n\n- Administrative and compliance burdens: agencies and payroll/superannuation administrators must verify that chosen funds qualify (cross‑references: Superannuation Industry (Supervision) Act 1993 s 45; Retirement Savings Accounts Act 1997 s 8; Superannuation Industry (Supervision) Regulations Part 6 for preservation rules). They must also ensure contributions vest correctly and stop on termination. Those are recurring operational checks; the instrument does not provide a separate enforcement regime beyond the requirement itself.\n\n- Implementation risks and trade‑offs: ensuring an arrangement meets the preservation requirements and the definition of \"complying\" requires checking external statutory and regulatory status of funds; changes to those external laws or fund statuses can affect whether an arrangement remains compliant. The instrument constrains employer flexibility (no extra cost and cessation on termination) which may limit the types of incentives an employer can lawfully offer under these additional arrangements.\n\n- Concentration of benefits and substitution effects: by requiring a \"complying\" fund or RSA, the instrument steers business to funds that meet the statutory tests (Schedule 1(a)). Agencies and employees may therefore substitute these arrangements for other forms of reward or deferred compensation that are not permitted by the determination.\n\nKey statutory cross‑references (for implementers)\n\n- \"Complying superannuation fund\" — Superannuation Industry (Supervision) Act 1993, s 45 (Schedule 1 definition).\n- \"Retirement Savings Account\" — Retirement Savings Accounts Act 1997, s 8 (Schedule 1 definition).\n- Preservation rules — Superannuation Industry (Supervision) Regulations, Part 6 (Schedule 1(b)).\n- Persons covered — Public Service Act 1999, s 7 (Schedule 2(1) reference to \"Secretary\").\n\nPractical takeaway\n\n- If you are an employing agency: you must ensure any extra superannuation arrangement offered to the listed officers is delivered through a qualified fund or RSA, vests immediately to the employee and is preserved, does not raise your employment costs, and stops employer contributions when employment ends (Schedule 1).\n- If you are an employee in the covered class: you have the ability to choose the fund provided it meets the prescribed statutory definitions; your contributions will be vested and preserved and employer contributions stop at termination.\n\n(References: Determination provisions and Schedules 1–2.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation has remained tightly focused on its original purpose since 1999. The sole amendment in 2014 updated references to modernise terminology (such as updating from the old Public Service Act 1922 to the Public Service Act 1999) but did not expand the scope beyond senior public servants and certain office holders. The determination continues to do exactly what it was designed to do: set baseline requirements for alternative superannuation arrangements for a specific, narrow class of Commonwealth employees."},"complexity_factors":["Very short document (approximately 2 pages of substantive content)","Only 2 defined terms ('complying superannuation fund' and 'Retirement Savings Account')","Simple structure with just two schedules: one setting requirements, one listing affected persons","No nested exceptions or conditional logic — just four straightforward requirements","Minimal cross-referencing (only references to external Acts for definitions)","Single amendment in 15-year history (2014), suggesting stable, narrow scope"],"plain_english_summary":"This instrument lets secretaries and other senior Commonwealth officeholders (not MPs or candidates) receive employer superannuation into private complying funds or Retirement Savings Accounts—but only subject to strict conditions ensuring the fund is approved, contributions are preserved and vested, payments stop when employment ends, and there’s no extra cost to taxpayers. \n\nIt matters because it allows limited opt‑outs from government schemes while protecting retirement savings and the public purse."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-1-o","history":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-1-o/history","analysis":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-1-o/analysis","conflicts":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-1-o/conflicts","importantCases":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-1-o/important-cases","documents":"/api/acts/superannuation-benefits-supervisory-mechanisms-act-1990-prescribed-requirements-determination-no-1-o/documents"}}