{"id":"superannuation-electricity-industry-pensioners-regulations-2016","name":"Superannuation (Electricity Industry Pensioners) Regulations 2016","slug":"superannuation-electricity-industry-pensioners-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237515,"registerId":"sa-superannuation-electricity-industry-pensioners-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Electricity Industry Pensioners) Regulations 2016","content":"South Australia\nSuperannuation (Electricity Industry Pensioners) Regulations 2016\nunder the Superannuation Act 1988\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tNotional pension when determining spouse pension\nSchedule 1—Revocation of Superannuation (Electricity Industry Pensioners) Regulations 2001\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Superannuation (Electricity Industry Pensioners) Regulations 2016.\n2—Commencement\nThese regulations will come into operation on 1 September 2016.\n3—Interpretation\nIn these regulations—\nAct means the Superannuation Act 1988;\nelectricity industry pensioner or pensioner means a person who has been transferred from the Electricity Industry Superannuation Scheme to the State Scheme under clause 2(1) or 3(3) of Schedule 1B of the Act.\n4—Notional pension when determining spouse pension\nIf—\n\t(a)\tbefore the transfer of an electricity industry pensioner to the State Scheme the pensioner had commuted part of the pensioner's pension on the basis that the commutation would not be taken into account when determining the amount of the pension payable to the pensioner's spouse; and\n\t(b)\tthe pensioner dies and is survived by a spouse who is entitled to a spouse pension under the Act,\nthe notional pension for the purpose of determining the spouse's pension will be the pension that the electricity industry pensioner would have been receiving immediately before the pensioner's death if the commutation referred to in paragraph (a) had not occurred.\nSchedule 1—Revocation of Superannuation (Electricity Industry Pensioners) Regulations 2001\nThe Superannuation (Electricity Industry Pensioners) Regulations 2001 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2016\n202\nGazette 25.8.2016 p3463 \n1.9.2016: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument preserves and clarifies the treatment of pre-transfer commutations for spouse-pension calculations (reg 4) and formally revokes the 2001 regulations (Schedule 1). It does not broaden the class of affected persons beyond electricity industry pensioners and their spouses, nor introduce new types of benefits; it restates/calibrates calculation mechanics under the State Scheme."},"complexity_factors":["Narrow substantive rule confined to one calculation issue (reg 4).","Relies on a defined category tied to the Act and Schedule 1B transfers (reg 3; Act reference).","Requires administrators to apply a 'notional pension' concept (reg 4), creating an actuarial/recording step.","Revocation of prior regulations (Schedule 1) simplifies legislative layering but requires transition awareness.","Limited discretionary decision-making by administrators; mainly mechanical application of the rule.","Potential minor interpretive issues about proof and timing of the original commutation agreement."],"plain_english_summary":"These regulations set how spouse pensions are calculated for people transferred from the Electricity Industry Superannuation Scheme into the State Scheme. If a transferred pensioner previously commuted part of their pension on the express basis that the commutation would not reduce a spouse’s pension, the spouse’s pension must be calculated as if that commutation had not occurred (reg 3–4). The regulations also revoke the 2001 regulations. Effect: administrators must use a ‘notional pension’ for calculation, affecting State Scheme payout amounts and record-keeping."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The title suggests a narrowly targeted instrument dealing with superannuation pension arrangements for electricity industry retirees in South Australia, but no content analysis was possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its contents","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"The Superannuation (Electricity Industry Pensioners) Regulations 2016 are a South Australian regulation governing pension arrangements for former electricity industry workers — i.e., how entitlements are calculated, paid, or managed — and thus affect retirees, their dependants and fund administrators. The full text was not retrievable here, so consult the SA legislation website for details."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It has not expanded beyond protecting the spouse pension entitlements of electricity industry pensioners who were transferred to the State Scheme. The 2016 version simply replaces the 2001 regulations with updated drafting, without broadening the class of beneficiaries or the types of benefits covered."},"complexity_factors":["Only 4 substantive provisions plus a revocation schedule","Single defined term ('electricity industry pensioner') with a straightforward definition","One operative provision (section 4) with a simple conditional structure (if A and B, then C)","No cross-references to external legislation beyond the parent Act","No nested exceptions or complex formulae","Highly targeted scope — applies only to a specific cohort of transferred pensioners"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations fix a technical problem for a very specific group of people — electricity industry workers in South Australia who were moved from their old industry superannuation scheme into the State Government's superannuation scheme.\n\n**Who it affects:**\n\n* **Electricity industry pensioners** — people who used to work in the electricity industry and were transferred to the State Scheme under special rules in the *Superannuation Act 1988*.\n* **Their surviving spouses** — specifically, husbands or wives of these pensioners who are entitled to a spouse pension after the pensioner dies.\n\n**The problem it solves:**\n\nSome pensioners had previously \"commuted\" part of their pension — meaning they took a lump sum payment upfront instead of receiving higher ongoing pension payments. They did this on the understanding that this choice wouldn't reduce the pension their spouse would receive after they died.\n\nHowever, when these pensioners were transferred to the State Scheme, there was a risk that the commutation *would* reduce the spouse's pension. These regulations fix this by saying: when calculating the spouse's pension, pretend the commutation never happened. The spouse gets the pension based on what the deceased would have been receiving if they hadn't taken that lump sum.\n\n**Why it matters:**\n\nThis protects widows and widowers from losing money they were promised. It ensures that a decision made years ago (to take a lump sum) doesn't accidentally punish the surviving spouse after the pensioner dies.\n\n**What else it does:**\n\nIt also revokes (cancels) the old 2001 version of these regulations, replacing them with this updated 2016 version."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-electricity-industry-pensioners-regulations-2016","history":"/api/acts/superannuation-electricity-industry-pensioners-regulations-2016/history","analysis":"/api/acts/superannuation-electricity-industry-pensioners-regulations-2016/analysis","conflicts":"/api/acts/superannuation-electricity-industry-pensioners-regulations-2016/conflicts","importantCases":"/api/acts/superannuation-electricity-industry-pensioners-regulations-2016/important-cases","documents":"/api/acts/superannuation-electricity-industry-pensioners-regulations-2016/documents"}}