{"id":"F1997B02192","name":"Superannuation (Former Invalidity Pensioners) Regulations","slug":"superannuation-former-invalidity-pensioners-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"70 of 1979","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29498,"registerId":"commonwealth-F1997B02192-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Former Invalidity Pensioners) Regulations","content":"![](image.001.png)\n\nStatutory Rules\n\n1979 No. 70\n\nREGULATIONS UNDER THE SUPERANNUATION ACT 19761\n\nI, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.\n\nDated this tenth day of May 1979.\n\nZELMAN COWEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nERIC L. ROBINSON\n\nMinister of State for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSUPERANNUATION (FORMER INVALIDITY PENSIONERS)  \nREGULATIONS\n\n1 Citation\n\nThese Regulations may be cited as the Superannuation (Former Invalidity Pensioners) Regulations.\n\n2 Interpretation\n\nIn these Regulations, “the Act” means the Superannuation Act 1976.\n\n3 Application\n\nThese Regulations have effect for the purposes of sub-sections 76 (2) and 144 (2) of the Act, as the case requires.\n\n4 Minimum invalidity pension or spouse's pension\n\n(1) Where–\n\n(a) upon or after a person's ceasing to be an eligible employee, he becomes entitled to invalidity pension or a deferred benefit by way of invalidity pension becomes payable to him;\n\n(b) that invalidity pension becomes payable to him in accordance with section 67, 68 or 70 of the Act, or the deferred benefit is by way of such invalidity pension;\n\n(c) his entitlement to that pension or to the deferred benefit is cancelled under sub‑section 76 (1) of the Act upon his again becoming an eligible employee, or his entitlement to the deferred benefit is cancelled under sub-section 143 (2) of the Act and he again becomes an eligible employee;\n\n(d) he again ceases to be an eligible employee before attaining his maximum retiring age by reason of death or retirement on the ground of invalidity;\n\n(e) upon his so ceasing again to be an eligible employee he becomes entitled to invalidity pension by virtue of sub-section 66 (1) or (2) of the Act or spouse’s pension becomes payable in respect of him by virtue of sub-section 81 (1) or (2) of the Act; and\n\n(f) the pension payable to or in respect of him upon or after his ceasing again to be an eligible employee as referred to in paragraph (d) is–\n\n(i) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 67 of the Act or a deferred benefit by way of invalidity pension of that kind became payable-pension payable in accordance with section 68, 70, 71, 83, 85 or 86 of the Act;\n\n(ii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 68 of the Act or a deferred benefit by way of invalidity pension of that kind became payable–pension payable in accordance with section 71 or 86 of the Act; and\n\n(iii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 70 of the Act or a deferred benefit by way of invalidity pension of that kind became payable–pension payable in accordance with section 68, 71, 83 or 86 of the Act,\n\nthen, the annual rate of pension so payable to or in respect of the person upon or after his again ceasing to be an eligible employee as referred to in paragraph (d) shall not be less than the rate of pension that is the prescribed rate of pension in relation to that person.\n\n(2) The reference in sub-regulation (1) to the prescribed rate of pension in relation to a person is a reference to the rate of pension that would have been payable to or, in the case of pension payable in respect of the person, in respect of the person upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (d) if–\n\n(a) upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or deferred benefit by way of invalidity pension, as the case may be, had become payable to him in accordance with–\n\n(i) in the case of a person (other than a person referred to in sub-paragraph (iv)) to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 68 or 83 of the Act–section 68 of the Act;\n\n(ii) in the case of a person to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 70 or 85 of the Act-section 70 of the Act;\n\n(iii) in the case of a person to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 71 or 86 of the Act–section 71 of the Act; and\n\n(iv) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), pension or deferred benefit by way of invalidity pension became payable in accordance with section 70 of the Act and to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 68 or 83 of the Act–section 71 of the Act;\n\n(b) after ceasing to be an eligible employee as referred to in paragraph (1) (a), he had not again become an eligible employee; and\n\n(c) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 or 68 of the Act and to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 70, 71, 85 or 86 of the Act–there had been added to what was his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (a) the aggregate of the period during which pension or deferred benefit by way of pension was payable to him in accordance with section 67 or 68 of the Act, as the case may be, and the period that is or, if section 8 of the Act applies in relation to him, would but for that section be his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (d).\n\n5 Minimum orphan pension\n\n(1) Where–\n\n(a) upon or after a person’s ceasing to be an eligible employee, he becomes entitled to invalidity pension or a deferred benefit by way of invalidity pension becomes payable to him;\n\n(b) that invalidity pension becomes payable to the person in accordance with section 67, 68 or 70 of the Act, or the deferred benefit is by way of such invalidity pension;\n\n(c) his entitlement to that pension or deferred benefit is cancelled under sub-section 76 (1) of the Act upon his again becoming an eligible employee, or his entitlement to the deferred benefit is cancelled under sub-section 143 (2) of the Act and he again becomes an eligible employee;\n\n(d) he again ceases to be an eligible employee before attaining his maximum retiring age by reason of death;\n\n(e) upon or after his so ceasing again to be an eligible employee orphan pension becomes payable in respect of him by virtue of section 98, 100, 103 or 104 of the Act; and\n\n(f) in the application of section 98, 100, 103 or 104 of the Act as the case may be, in relation to the person–\n\n(i) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), the pension or the deferred benefit by way of pension became payable in accordance with section 67 of the Act–paragraph 98 (4) (b), 100 (4) (a) or (b), 103 (3) (b), or 104 (3) (a) or (b) of the Act applies in relation to him;\n\n(ii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension or deferred benefit by way of pension became payable in accordance with section 68 of the Act–paragraph 100 (4) (b), sub-section 100 (5) or paragraph 104 (3) (b) of the Act applies in relation to him; and\n\n(iii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension or deferred benefit by way of pension became payable in accordance with section 70 of the Act–paragraph 98 (4) (b), 100 (4) (b), 103 (3) (b) or 104 (3) (b) of the Act applies in relation to him,\n\nthen, the annual rate of pension payable in respect of the person under section 98, 100, 103 or 104 of the Act, as the case may be, upon or after his so ceasing again to be an eligible employee as referred to in paragraph (d), shall not be less than the rate of pension that is the prescribed rate of pension in relation to the person.\n\n(2) The reference in sub-regulation (1) to the prescribed rate of pension in relation to a person is a reference to the rate of pension that would have been payable in respect of the person upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (d) if–\n\n(a) upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of invalidity pension had become payable to him in accordance with–\n\n(i) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 of the Act and in respect of whom paragraph 98 (4) (b) or 103 (3) (b) of the Act applies–section 68 of the Act;\n\n(ii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 of the Act and in respect of whom paragraph 100 (4) (a) or 104 (3) (a) of the Act applies–section 70 of the Act;\n\n(iii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 70 of the Act and in respect of whom paragraph 98 (4) (b) or 103 (3) (b) of the Act applies–section 71 of the Act; and\n\n(iv) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67, 68 or 70 of the Act and in respect of whom paragraph 100 (4) (b), sub-section 100 (5) or paragraph 104 (3) (b) of the Act applies–section 71 of the Act;\n\n(b) after ceasing to be an eligible employee as referred to in paragraph (1) (a) he had not again become an eligible employee; and\n\n(c) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of invalidity pension became payable in accordance with section 67 or 68 of the Act and in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d) of this regulation, paragraph 100 (4) (a) or 100 (4) (b), sub‑section 100 (5), or paragraph 104 (3) (a) or (b) of the Act applies–there had been added to what was his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (a) the aggregate of the period during which pension or deferred benefit by way of pension was payable to him in accordance with section 67 or 68 of the Act, as the case may be, and the period that is or, if section 8 of the Act applies in relation to him, would but for that section be his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (d).\n\n> Note: NOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 17 May 1979.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These Regulations do not expand or narrow who qualifies for invalidity, spouse or orphan pensions under the Superannuation Act. Instead (per reg 3) they operate for the purposes of specified Act subsections (ss 76(2) and 144(2)) by prescribing minimum pension rates and a formulaic method for calculating the \"prescribed rate\" when a former invalidity pensioner returns to, then again leaves, eligible employment (see regs 4 and 5). They adjust payment amounts and calculation mechanics but remain within the Act’s eligibility framework."},"complexity_factors":["Extensive cross-references to many specific sections of the Superannuation Act (eg. ss 66, 67, 68, 70, 71, 76(1),(2), 83, 85, 86, 98, 100, 103, 104, 143(2), 144(2)) creating layered dependency.","Multiple conditional pathways depending on which section originally gave rise to the invalidity pension and which section applies on the later cessation (different permutations in regs 4(1)(f) and 4(2)).","Complex calculation rule requiring addition of periods of contributory service and prior pension payment periods (reg 4(2)(c) and reg 5(2)(c)), including an exception referencing s 8 of the Act.","Separate but parallel rules for spouse’s and orphan’s pensions (Regs 4 and 5) increasing branching logic.","Temporal sequencing requirements (upon or after first cessation, cancellation on re-employment, then second cessation before maximum retiring age) that demand precise factual determination.","Reliance on defined terms and eligibility concepts in the Act (eg. \"eligible employee\", \"deferred benefit\", \"maximum retiring age\") — regulators must consult the Act to apply these regs.","Archaic drafting style and dense nested subparagraphs which raise interpretation and administrative compliance costs."],"plain_english_summary":"These Regulations tell administrators how to set minimum annual pension rates for people who previously received an invalidity pension under the Superannuation Act, then returned to eligible employment, and later again ceased by death or invalidity. They prescribe a method for calculating a “prescribed rate” so that pensions for the later cessation (including spouse’s and orphan’s pensions) are not paid below that minimum. It affects former invalidity pensioners, their spouses and children and the officials who calculate entitlements under the Act."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose of protecting pension entitlements for former invalidity pensioners who return to work and subsequently cease employment again. The scope matches the instrument's title and the enabling provisions (subsections 76(2) and 144(2) of the Superannuation Act 1976) referenced in regulation 3. There is no evidence of scope creep beyond this specific protective mechanism."},"complexity_factors":["Extensive nested conditional logic with 6-7 sequential conditions in each operative provision (regulations 4 and 5)","Heavy cross-referencing to multiple sections of the Superannuation Act 1976 (sections 66-86, 98, 100, 103, 104, 143, 144) without reproducing their content","Complex hypothetical calculations requiring counterfactual analysis ('what would have been payable if...')","Multiple tiered sub-paragraphs (i, ii, iii, iv) within sub-regulations that map different combinations of original pension type to new pension type","Technical defined terms from the parent Act including 'eligible employee', 'invalidity pension', 'deferred benefit', 'maximum retiring age', 'period of contributory service'","Regulation 4(2) contains a triple-nested hypothetical requiring reconstruction of service history under multiple alternative scenarios","Regulation 5 replicates similar complexity for orphan pensions with different section mappings than regulation 4","Requires understanding of distinctions between sections 67, 68, 70, 71, 83, 85, and 86 of the Act (different categories of invalidity pension with different calculation bases)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations protect the pension entitlements of Commonwealth public servants who return to work after receiving an invalidity (disability) pension, then later leave work again due to death or further disability.\n\n**Who it affects:**\n- Former Commonwealth employees who received invalidity pensions\n- Their spouses (if the employee dies)\n- Their children/orphans (if the employee dies)\n\n**The problem it solves:**\n\nImagine a public servant becomes disabled and starts receiving an invalidity pension. Later, they recover enough to return to work, so their pension stops. But then they become disabled again (or die) before reaching retirement age. Without these rules, their second pension might be calculated as if they were a new employee with less service history—potentially giving them a much lower payment.\n\n**What the regulations guarantee:**\n\nThese rules ensure that when someone in this situation gets a second pension, they won't receive less than they would have if they had **never returned to work**. The regulations:\n\n- Set a **minimum pension rate** for the person themselves (if they retire on invalidity grounds again)\n- Set a **minimum spouse's pension** (if they die)\n- Set a **minimum orphan's pension** (for their children if they die)\n\n**How it works:**\n\nThe regulations create a complex formula that essentially says: \"Calculate what the pension would have been if the person had stayed on their original pension without returning to work, and make sure the new pension isn't less than that amount.\"\n\nThis involves looking at:\n- Which section of the Superannuation Act originally applied to their first pension\n- Which section applies to their second pension (or their spouse's/children's pension)\n- How long they worked between the two periods of disability\n- Adding back certain periods of service so they don't lose credit for their original employment\n\n**Why it matters:**\n\nThis prevents a significant financial penalty for disabled workers who try to return to work. Without this protection, attempting rehabilitation and re-employment could leave workers (and their families) worse off if their health fails again."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-former-invalidity-pensioners-regulations","history":"/api/acts/superannuation-former-invalidity-pensioners-regulations/history","analysis":"/api/acts/superannuation-former-invalidity-pensioners-regulations/analysis","conflicts":"/api/acts/superannuation-former-invalidity-pensioners-regulations/conflicts","importantCases":"/api/acts/superannuation-former-invalidity-pensioners-regulations/important-cases","documents":"/api/acts/superannuation-former-invalidity-pensioners-regulations/documents"}}