{"id":"F1996B00056","name":"Superannuation (CSS) (Involuntary Retirement) Regulations","slug":"superannuation-css-involuntary-retirement-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"231 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28491,"registerId":"commonwealth-F1996B00056-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) (Involuntary Retirement) Regulations","content":"Statutory Rules 1994 No. 2311\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (CSS) (Involuntary Retirement) Regulations\n\nI, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.\n\nDated 30 June 1994.\n\nBILL HAYDEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nKIM C. BEAZLEY\n\nMinister for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. These Regulations may be cited as the Superannuation (CSS) (Involuntary Retirement) Regulations.\n\n> Note: \\[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.\\]\n\n  \nInterpretation\n\n2. In these Regulations, unless the contrary intention appears:\n\n“the Act” means the Superannuation Act 1976.\n\nPrescribed circumstances in which a person retires, or has employment or appointment terminated\n\n3. For the purposes of paragraph 58 (3) (h) of the Act, a person’s retirement under section 127, 128 or 137 of the Public Sector Management Act 1994 of the Australian Capital Territory is a prescribed circumstance in which the person retires otherwise than under the Public Service Act.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 30 June 1994.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation performs exactly the narrow, technical function it was designed for: extending CSS involuntary retirement provisions to cover ACT public service terminations. There is no scope creep or expansion beyond this specific purpose."},"complexity_factors":["Extremely short: only 3 operative provisions (citation, interpretation, and the substantive rule)","Only 1 defined term ('the Act')","Single cross-reference to the Superannuation Act 1976 (paragraph 58(3)(h))","Single cross-reference to the ACT Public Sector Management Act 1994 (sections 127, 128, 137)","No conditional logic, exceptions, or nested provisions","Straightforward declarative structure: 'X is a prescribed circumstance'"],"plain_english_summary":"This 1994 regulation closes a gap in the Commonwealth Superannuation Scheme by treating certain involuntary retirements under the ACT Public Sector Management Act 1994 (ss.127, 128, 137) as equivalent to Commonwealth involuntary retirements. \n\nIt ensures former Commonwealth public servants who transferred to the ACT public service receive the same favourable CSS pension treatment if later forced to retire under those ACT provisions."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Regulation 3 prescribes that retirements under specified ACT Public Sector Management Act provisions count as retiring otherwise than under the Public Service Act for the purposes of the Superannuation Act (Reg 3). The instrument adds that circumstance but contains no language indicating a wider change to the Act’s scope or to entitlement principles beyond this targeted inclusion."},"complexity_factors":["Very narrow, single substantive provision (Regulation 3) applying to a specific class of retirements.","Cross-references to other statutes: Superannuation Act 1976 (paragraph 58(3)(h)) and Public Sector Management Act 1994 (ss 127, 128, 137), requiring look-up and legal integration.","Administrative requirement to verify the statutory basis of an ACT retirement to determine entitlement (factual/legal determination).","Low number of decision points and limited discretion for administrators.","Commencement on gazettal (Acts Interpretation Act 1901, s. 48) reduces transitional complexity."],"plain_english_summary":"These Regulations add a narrow rule: for Commonwealth Superannuation Scheme (CSS) purposes, an ACT public servant whose employment ends by retirement under sections 127, 128 or 137 of the Public Sector Management Act 1994 is treated as retiring “otherwise than under the Public Service Act” (Reg 3). That classification determines which CSS benefits apply. Who pays: CSS benefits are met from the scheme; who decides: scheme administrators apply the new definition; compliance burden and discretion are minimal but require confirming the statutory basis for the ACT retirement (Reg 3)."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-involuntary-retirement-regulations","history":"/api/acts/superannuation-css-involuntary-retirement-regulations/history","analysis":"/api/acts/superannuation-css-involuntary-retirement-regulations/analysis","conflicts":"/api/acts/superannuation-css-involuntary-retirement-regulations/conflicts","importantCases":"/api/acts/superannuation-css-involuntary-retirement-regulations/important-cases","documents":"/api/acts/superannuation-css-involuntary-retirement-regulations/documents"}}