{"id":"F2006L00795","name":"Superannuation (CSS) Assets Transfer Determination (No. 9)","slug":"superannuation-css-assets-transfer-determination-no-9","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":136809,"registerId":"commonwealth-F2006L00795-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) Assets Transfer Determination (No. 9)","content":"![](image.001.png)\n\nSuperannuation (CSS) Assets Transfer Determination (No. 9)\n\nSuperannuation Act 1976\n\nTHE CSS BOARD makes this Determination under subsection 248 (1) of the Superannuation Act 1976, and in accordance with a resolution of the CSS Board dated 8 March 2006.\n\nTHE COMMON SEAL of the CSS BOARD )\n\nwas affixed in the presence of, and the )\n\nsealing is attested by: )\n\nS. Doyle D. Connolly\n\nChairman, CSS Board Member, CSS Board\n\nDo not delete : Part Placeholder\n\nDo not delete : Division Placeholder\n\nName of Determination\n\n1. This Determination is the Superannuation (CSS) Assets Transfer Determination (No. 9).\n\nCommencement\n\n2. This Determination commences when it is made.\n\n \n\nDefinitions\n\n3. In this Determination:\n\n> Act means the Superannuation Act 1976.\n\n> exit day, in relation to a transferee, means the day before the transferee became a member of the PSS.\n\n> PSS means the superannuation scheme established under the Superannuation Act 1990 and known as the Public Sector Superannuation Scheme.\n\n> relevant day means 30 June in the financial year immediately before the exercise of a transfer election.\n\n> transfer day means 31 March 2006.\n\n> transferee means a person referred to in section 245 of the Act who became a member of the PSS in the period starting on 1 July 2002 and ending on 30 June 2005.\n\nTransfer of assets\n\n4. For paragraph 248 (1) (a) of the Act, assets of the CSS Fund as at the end of the transfer day that fairly and equitably represent as nearly as is practicable the sum of the transfer amounts calculated in accordance with the formula in clause 5 are taken to have been transferred on the transfer day to the PSS Fund.\n\n5. The formula for calculation of a transfer amount in respect of transferees is:\n\n((A + B + C) x D)\n\nwhere:\n\n> A is calculated by the formula\n\nF x (1 + r)\n\nin which:\n\nF is the share of CSS Fund assets as at the end of the relevant day that represented, after deduction of all known liabilities, the amounts specified in Column 5 of the Schedule, attributable to the number of transferees specified in Column 5 who became members of the PSS on the day after the exit day.\n\nr is the rate of return of the CSS Fund for the period beginning on the day after the relevant day and ending on the exit day.\n\n> B is the amount specified in Column 6 of the Schedule\n\n> C is the interest applicable to the amounts in Column 6 of the Schedule by applying the rate of return of the CSS Fund for the period beginning on the day after the relevant day and ending on the exit day.\n\n> D is calculated by the formula:\n\n1 + r\\*\n\nin which:\n\nr\\* is the rate of return of the CSS Fund for the period beginning on the day after the exit day specified in Column 2 of the Schedule and ending on the transfer day.\n\n \n\nSchedule Relevant information for clause 5\n\n(clause 5)\n\n| Item | Column 2Exit day | Column 3Number of transferees | Column 4Relevant date | Column 5Value of accumulated contributions and employer contributions as at relevant date($) | Column 6Value of contributions and employer contributions from 1 July to exit day($) | Column 7Total value of contributions($) |\n| ---- | ---------------- | ----------------------------- | --------------------- | -------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------ | --------------------------------------- |\n| 1 | 23/7/2002 | 1 | 30/6/2002 | 66,184 | 628 | 66,812 |\n| 2 | 12/8/2002 | 1 | 30/6/2002 | 121,324 | 743 | 122,067 |\n| 3 | 20/10/2002 | 1 | 30/6/2002 | 18,143 | 1,085 | 19,228 |\n| 4 | 21/10/2002 | 1 | 30/6/2002 | 60,828 | 767 | 61,595 |\n| 5 | 14/11/2002 | 1 | 30/6/2002 | 58,894 | 2,345 | 61,239 |\n| 6 | 4/12/2002 | 1 | 30/6/2002 | 93,978 | 1,918 | 95,896 |\n| 7 | 12/12/2002 | 1 | 30/6/2002 | 73,525 | 1,800 | 75,325 |\n| 8 | 18/12/2002 | 1 | 30/6/2002 | 194,307 | 2,709 | 197,016 |\n| 9 | 3/1/2003 | 1 | 30/6/2002 | 112,473 | 856 | 113,329 |\n| 10 | 11/3/2003 | 1 | 30/6/2002 | 120,683 | 3,972 | 124,655 |\n| 11 | 10/6/2003 | 1 | 30/6/2002 | 150,635 | 4,917 | 155,552 |\n| 12 | 20/3/2003 | 1 | 30/6/2002 | 101,862 | 2,653 | 104,515 |\n| 13 | 18/11/2003 | 1 | 30/6/2003 | 116,180 | 0 | 116,180 |\n| 14 | 4/11/2003 | 1 | 30/6/2003 | 72,112 | 1,629 | 73,741 |\n| 15 | 12/01/2004 | 1 | 30/6/2003 | 55,563 | 926 | 56,489 |\n| 16 | 13/11/2003 | 1 | 30/6/2003 | 52,668 | 0 | 52,668 |\n| 17 | 17/08/2004 | 1 | 30/6/2004 | 94,071 | 0 | 94,071 |\n| 18 | 20/12/2004 | 1 | 30/6/2004 | 94,722 | 1,317 | 96,039 |\n| 19 | 7/03/2005 | 1 | 30/6/2004 | 96,772 | 3,728 | 100,500 |","sortOrder":0}],"analysis":{"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":"This Determination performs exactly the narrow technical function authorised by section 248(1) of the Superannuation Act 1976 — transferring specific assets between funds for specific transferees. The scope remains tightly constrained to the 19 individuals listed in the Schedule and the specific financial calculations required for their transfers."},"complexity_factors":["Nested mathematical formulas with variables defined by other formulas (clause 5 contains formulas within formulas)","Multiple defined date concepts that interrelate: 'exit day', 'relevant day', 'transfer day', and 'day after' variants","Cross-references to external legislation (Superannuation Act 1976, section 245 and subsection 248(1))","Requires understanding of actuarial/financial concepts: rate of return calculations, accumulated contributions, employer contributions","Schedule data is granular and person-specific (19 individual line items with precise dollar amounts and dates)","Conditional logic around time periods: 'period beginning on the day after X and ending on Y' appears multiple times"],"plain_english_summary":"This instrument directs a one-off transfer of retirement assets from the Commonwealth Superannuation Scheme (CSS) to the Public Sector Superannuation Scheme (PSS) for 19 named public servants who moved schemes between July 2002 and June 2005. It authorises the 31 March 2006 transfer and sets the amounts by formula—using each person’s CSS exit balance, investment returns to transfer day, plus any intervening contributions and interest."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Determination does not broaden who is eligible; it applies to transferees defined by reference to section 245 and a specified membership window (clause 3). Instead it sets the method, arithmetic and schedule for implementing the asset transfer (clauses 4–5 and Schedule) and fixes the transfer date (definition of transfer day). It operationalises scope rather than changing legal coverage."},"complexity_factors":["Multi-part arithmetic formula ((A + B + C) × D) that requires sequential calculation steps (clause 5).","Requires historical CSS Fund rates of return for two different periods (r and r*) for each transferee (clause 5).","Per-transferee mapping to schedule entries with differing exit days and relevant dates (Schedule).","Reference to an external statutory definition (persons 'referred to in section 245' of the Act) — requires cross-checking the Act (clause 3).","Valuation language requiring assets that 'fairly and equitably represent as nearly as is practicable' the calculated sums introduces implementation judgment (clause 4).","Calculation of A requires deduction of known liabilities from the CSS Fund share as at a relevant day — an accounting adjustment (clause 5, definition of F).","Fixed transfer day (31 March 2006) combined with varying exit/relevant dates creates multiple period compounding windows that must be reconciled (definitions and clause 5)."],"plain_english_summary":"This Determination directs the CSS Board to move specified amounts of assets from the CSS Fund to the PSS Fund to reflect members who transferred from CSS into the PSS between 1 July 2002 and 30 June 2005. It prescribes a precise arithmetic rule that grows each transferee's contributions by the CSS Fund's historical returns and applies a further return to the fixed transfer date, and lists the individual cases and amounts in a Schedule."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-assets-transfer-determination-no-9","history":"/api/acts/superannuation-css-assets-transfer-determination-no-9/history","analysis":"/api/acts/superannuation-css-assets-transfer-determination-no-9/analysis","conflicts":"/api/acts/superannuation-css-assets-transfer-determination-no-9/conflicts","importantCases":"/api/acts/superannuation-css-assets-transfer-determination-no-9/important-cases","documents":"/api/acts/superannuation-css-assets-transfer-determination-no-9/documents"}}