{"id":"F1996B01103","name":"Superannuation (CSS) Retiring Age Regulations","slug":"superannuation-css-retiring-age-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"106 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29003,"registerId":"commonwealth-F1996B01103-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) Retiring Age Regulations","content":"![](image.001.png)\n\nSuperannuation (CSS) Retiring Age Regulations\n\nStatutory Rules 1977 No. 106 as amended\n\nmade under the\n\nSuperannuation Act 1976\n\nThis compilation was prepared on 3 November 2000 \ntaking into account amendments up to SR 1996 No. 105\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\nPage\n\n1 Citation \\[see Note 1\\]\n\n2 Commencement\n\n3 Definition\n\n4 Maximum retiring age\n\nNotes\n\n1 Citation \\[see Note 1\\]\n\nThese Regulations may be cited as the Superannuation (CSS) Retiring Age Regulations.\n\n2 Commencement\n\nThese Regulations shall be deemed to have taken effect from and including 1 July 1976.\n\n3 Definition\n\nIn these Regulations, the Act means the Superannuation Act 1976.\n\n4 Maximum retiring age\n\n(1) For the purposes of the definition of maximum retiring age in subsection 3 (1) of the Act, if:\n\n(a) a person is an eligible employee; and\n\n(b) under the terms and conditions of the person’s employment or appointment the maximum age for the retirement of the person is an age less than 65 years;\n\nthe maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.\n\n(1A) For the purposes of the definition of maximum retiring age in subsection 3 (1) of the Act, if:\n\n(a) a person is no longer an eligible employee; and\n\n(b) under the terms and conditions of the person’s employment or appointment immediately before the person last ceased to be an eligible employee the maximum age for the retirement of the person was an age less than 65 years;\n\nthe maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.\n\n(2) Subregulation (1) does not apply in relation to an eligible employee, being an existing contributor, who was, immediately before the commencing day, contributing under the superseded Act for units of pension at rates based on a retiring age of 65 years.\n\n(3) In subregulation (1) or (1A), a reference to terms and conditions includes a reference to any law of the Commonwealth affecting the maximum retiring age of a person to whom that subregulation applies.\n\n> Notes to the Superannuation (CSS) Retiring Age Regulations\n\n> Note 1\n\n> Note: The Superannuation (CSS) Retiring Age Regulations (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1977 No. 106 amended as indicated in the Tables below.\n\n> Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ----------------------------------------- | --------------------------------------------- |\n| 1977 No. 106 | 30 June 1977 | 1 July 1976 | |\n| 1978 No. 228 | 23 Nov 1978 | 1 July 1976 | — |\n| 1981 No. 14 | 5 Feb 1981 | R. 1: 6 Feb 1981Remainder: 5 Feb 1981 | — |\n| 1981 No. 231 | 21 Aug 1981 | 21 Aug 1981 | — |\n| 1981 No. 384 | 31 Dec 1981 | 31 Dec 1981 | — |\n| 1982 No. 208 | 3 Sept 1982 | 3 Sept 1982 | — |\n| 1983 No. 33 | 12 Apr 1983 | 12 Apr 1983 | — |\n| 1983 No. 34 | 12 Apr 1983 | 12 Apr 1983 | — |\n| 1983 No. 74 | 29 June 1983 | R. 1: 1 July 1983Remainder: 29 June 1983 | — |\n| 1983 No. 75 | 29 June 1983 | 29 June 1983 | — |\n| 1983 No. 320 | 19 Dec 1983 | 19 Dec 1983 | — |\n| 1983 No. 321 | 19 Dec 1983 | R. 1: 20 Dec 1983Remainder: 19 Dec 1983 | — |\n| 1984 No. 10 | 8 Feb 1984 | 8 Feb 1984 | — |\n| 1984 No. 157 | 23 July 1984 | 23 July 1984 | — |\n| 1984 No. 183 | 10 Aug 1984 | 10 Aug 1984 | — |\n| 1984 No. 190 | 10 Aug 1984 | R. 1: 13 Aug 1984Remainder: 10 Aug 1984 | — |\n| 1984 No. 241 | 14 Sept 1984 | 14 Sept 1984 | — |\n| 1984 No. 264 | 28 Sept 1984 | R. 1: 1 Oct 1984Remainder: 28 Sept 1984 | — |\n| 1984 No. 288 | 19 Oct 1984 | 19 Oct 1984 | — |\n| 1984 No. 368 | 30 Nov 1984 | 30 Nov 1984 | — |\n| 1984 No. 480 | 11 Jan 1985 | 11 Jan 1985 | — |\n| 1985 No. 31 | 28 Mar 1985 | 28 Mar 1985 | — |\n| 1985 No. 344 | 19 Dec 1985 | 11 Jan 1986 | — |\n| 1985 No. 355 | 20 Dec 1985 | 20 Dec 1985 | — |\n| 1986 No. 126 | 6 June 1986 | 6 June 1986 | — |\n| 1986 No. 188 | 25 July 1986 | 25 July 1986 | — |\n| 1986 No. 207 | 15 Aug 1986 | 15 Aug 1986 | — |\n| 1986 No. 333 | 14 Nov 1986 | 14 Nov 1986 | — |\n| 1986 No. 339 | 21 Nov 1986 | 21 Nov 1986 | — |\n| 1987 No. 155 | 15 July 1987 | 15 July 1987 | — |\n| 1996 No. 105 | 20 June 1996 | R. 5: 23 June 1995Remainder: 20 June 1996 | — |\n\n> Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

am. 1996 No. 105

R. 4.................

rs. 1978 No. 228

am. 1981 No. 384; 1985 Nos. 344 and 355

rs. 1987 No. 155

am. 1996 No. 105

R. 5.................

am. 1981 Nos. 14, 231 and 384; 1982 No. 208; 1983
Nos. 33, 34, 74, 75, 320 and 321; 1984 Nos. 10, 157, 183, 190, 241, 264, 288, 368 and 480; 1985 No. 31; 1986 Nos. 126, 188, 207, 333 and 339

rs. 1987 No. 155

rep. 1996 No. 105

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The core scope remains: where an employee’s contractual or statutory retirement age is under 65, that lower age is treated as the maximum retiring age for CSS purposes (Reg 4(1)–(1A)), with a saving for certain existing contributors (Reg 4(2)). The compilation records later drafting amendments and repeals in the Tables, but those entries update form and transitory application rather than altering the instrument’s central effect (see Table of Statutory Rules and Table of Amendments)."},"complexity_factors":["Interplay between employment/appointment terms and superannuation entitlement (Reg 4(1)–(1A))","Transitional/savings carve-out for pre-existing contributors who had 65-year based units (Reg 4(2))","Broad definition of “terms and conditions” that includes Commonwealth law (Reg 4(3)) increases interpretive scope","Sparse definitions in the instrument itself — relies on Act definitions (Reg 3) and external employment instruments","Multiple historical amendments recorded in the compilation, requiring attention to version history (Table of Statutory Rules and Table of Amendments)"],"plain_english_summary":"These Regulations make the maximum retiring age for members of the Commonwealth Superannuation Scheme depend on the retirement age in their employment or appointment: if that age is under 65, that lower age is the member’s maximum retiring age for superannuation purposes (Reg 4(1)–(1A)). Existing contributors who were contributing under the superseded Act at rates based on age 65 are preserved (Reg 4(2)). The rule expressly imports employment terms and any applicable Commonwealth law into the superannuation calculation (Reg 4(3))."},"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":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: determining maximum retiring ages for CSS members. While Rule 5 (now repealed) previously contained extensive job-specific retirement ages, the current version simply defers to employment terms and conditions rather than listing specific occupations. This is a simplification, not scope creep."},"complexity_factors":["Only 4 substantive regulations with minimal text","Single defined term ('the Act')","Simple conditional structure: if X and Y, then Z","One exception in subregulation (2) and one extension in subregulation (1A)","No cross-references beyond the parent Act","Straightforward deeming provision in subregulation (3) equating 'terms and conditions' with Commonwealth law"],"plain_english_summary":"This legislation sets the rules for when Commonwealth public servants in the old CSS (Commonwealth Superannuation Scheme) must retire.\n\n**What it does:**\n- Normally, CSS members retire at 65. But some jobs have earlier compulsory retirement ages (like defence force roles or certain specialist positions).\n- This regulation says: **if your employment contract or a Commonwealth law sets a retirement age below 65, that earlier age becomes your 'maximum retiring age'** for superannuation purposes.\n- It covers both current employees ('eligible employees') and people who have already left the scheme but need their retiring age determined for benefit calculations.\n\n**Who it affects:**\n- CSS members whose jobs have compulsory retirement ages under 65.\n- Former CSS members whose benefits depend on what their retiring age was when they worked.\n\n**Why it matters:**\nYour 'maximum retiring age' affects how much super you get. The CSS calculates benefits partly based on how close you are to retirement age. If you're forced to retire at 60 instead of 65, this rule makes sure your super is calculated fairly using 60 as your benchmark, not 65.\n\n**Key exception:**\nThere's a carve-out for existing contributors who were already paying into the scheme at rates based on retiring at 65—they keep 65 as their age even if their job technically retires earlier."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-retiring-age-regulations","history":"/api/acts/superannuation-css-retiring-age-regulations/history","analysis":"/api/acts/superannuation-css-retiring-age-regulations/analysis","conflicts":"/api/acts/superannuation-css-retiring-age-regulations/conflicts","importantCases":"/api/acts/superannuation-css-retiring-age-regulations/important-cases","documents":"/api/acts/superannuation-css-retiring-age-regulations/documents"}}