{"id":"nsw:sl-2002-0310","name":"Superannuation (Joint Coal Board Employees) Transitional Regulation 2002","slug":"superannuation-joint-coal-board-employees-transitional-regulation-2002","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"310 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178852,"registerId":"nsw-nsw:sl-2002-0310-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Superannuation (Joint Coal Board Employees) Transitional Regulation 2002](/view/html/inforce/current/sl-2002-0310).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Regulation:\n> \n> Coal Services Pty Limited means Coal Services Pty Limited ACN 099 078 234.\n> \n> contributor means a contributor to the State Fund who:\n> \n> > (a) immediately before the dissolution date, was employed by the Joint Coal Board, and\n> \n> > (b) was transferred to employment with Coal Services Pty Limited on that date, and\n> \n> > (c) does not elect (pursuant to clause 6 of Schedule 1 to the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107)) to transfer to the electricity industry superannuation scheme established under section 127 of the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039).\n> \n> deferred benefit means a deferred benefit provided by Division 3A of Part 4 of the Act.\n> \n> dissolution date means the date on which section 4 (1) of the [Coal Industry Repeal Act 2001](http://www.legislation.gov.au/) of the Commonwealth commences.\n> \n> election period means the period of 6 months beginning on the dissolution date.\n> \n> Joint Coal Board means the body corporate constituted in pursuance of the [Coal Industry (Industrial Matters) Act 1946](/view/html/inforce/current/act-1946-044) (formerly the [Coal Industry Act 1946](/view/html/inforce/current/act-1946-044)) and the [Coal Industry Act 1946](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> regulated superannuation fund has the meaning given to it by section 19 of the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> State Fund means the State Superannuation Fund established under the Act.\n> \n> the Act means the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Application of Schedule 23 to the Act (Special provisions for deferring benefits of certain contributors) to certain contributors transferred to Coal Services Pty Limited","content":"#### 3 Application of Schedule 23 to the Act (Special provisions for deferring benefits of certain contributors) to certain contributors transferred to Coal Services Pty Limited\n\n3 Application of Schedule 23 to the Act (Special provisions for deferring benefits of certain contributors) to certain contributors transferred to Coal Services Pty Limited\n\n> The transfer of employment of contributors from the Joint Coal Board to Coal Services Pty Limited on the dissolution date is declared to be a transfer of employment to which Schedule 23 to the Act applies.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Deferral of accrued benefit without transferring it","content":"#### 4 Deferral of accrued benefit without transferring it\n\n4 Deferral of accrued benefit without transferring it\n\n> If a contributor, within the election period:\n> \n> > (a) exercises his or her entitlement to make provision for a deferred benefit in the State Fund, and\n> \n> > (b) does not exercise the entitlement conferred by clause 3 of Schedule 23 to the Act,\n> \n> the benefit is to be deferred in accordance with Division 3A of Part 4 of the Act from and including the dissolution date.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of deferred benefit","content":"#### 5 Transfer of deferred benefit\n\n5 Transfer of deferred benefit\n\n> > (1) If, within the election period, a contributor:\n> > \n> > > (a) exercises his or her entitlement to make provision for a deferred benefit in the State Fund, and\n> > \n> > > (b) exercises the entitlement conferred by clause 3 of Schedule 23 to the Act,\n> > \n> > STC is required to pay that benefit to a regulated superannuation fund nominated by the contributor.\n> \n> > (2) The payment must be made as soon as practicable after the date on which the contributor exercises the entitlement conferred by clause 3 of Schedule 23 to the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Obligation of STC with respect to the disposition of a deferred benefit","content":"#### 6 Obligation of STC with respect to the disposition of a deferred benefit\n\n6 Obligation of STC with respect to the disposition of a deferred benefit\n\n> If a contributor has, in accordance with clause 5 (1), directed his or her deferred benefit to be paid to a nominated regulated superannuation fund, STC must, before paying the benefit to that fund, satisfy itself that that fund, or the trust deed by which that fund is established, includes provisions that will fully vest the deferred benefit to the credit of the contributor.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Schedule 23 not to apply unless entitlement to defer benefit is exercised","content":"#### 7 Schedule 23 not to apply unless entitlement to defer benefit is exercised\n\n7 Schedule 23 not to apply unless entitlement to defer benefit is exercised\n\n> If a contributor does not exercise his or her entitlement to make provision for a deferred benefit within the election period, Schedule 23 does not apply to the contributor.","sortOrder":6}],"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the regulation appears to have remained exactly as originally made in May 2002, with no amendments or expansions of scope. It continues to serve its original narrow transitional purpose for Joint Coal Board employees only."},"complexity_factors":["Extremely narrow subject matter affecting a tiny, specific group of historical employees","The actual substantive content of the regulation is not available in the provided text — only metadata and navigation elements were supplied, making full analysis impossible","Transitional superannuation regulations can involve interaction between state and federal superannuation law, which adds a layer of legal complexity","However, the regulation has never been amended and appears short and self-contained, suggesting limited technical complexity"],"plain_english_summary":"The regulation is a NSW transitional measure that protects superannuation entitlements for former Joint Coal Board employees during the Board’s wind‑up or restructuring, ensuring their retirement savings aren’t lost in the changeover. It affects a very narrow, historical group, has been in force since 24 May 2002 and never amended, so its practical relevance today is limited."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation maintains its original narrow, transitional purpose. It was designed specifically to manage the superannuation consequences of the Joint Coal Board's dissolution and the transfer of employees to Coal Services Pty Limited in 2002. The scope remains tightly focused on that single event and the affected employee cohort, with no expansion into broader superannuation policy or additional classes of workers."},"complexity_factors":["Only 8 defined terms in the interpretation section, all straightforward","Single purpose legislation with clear sequential structure (clauses 3-7)","Minimal cross-referencing — primarily references to Schedule 23 of the Superannuation Act 1916 and the Coal Industry Act 2001","Simple conditional logic (if/then structures) without nested exceptions","Short document — 7 operative clauses plus definitions","No delegated powers or regulation-making provisions"],"plain_english_summary":"This regulation deals with what happens to the superannuation (retirement savings) of a specific group of coal industry workers when their employer changed.\n\n**What it does:**\nWhen the Joint Coal Board (a government body that handled coal industry matters) was dissolved and replaced by a new company called Coal Services Pty Limited in 2002, this rule ensured that affected employees had clear options for their existing superannuation benefits.\n\n**Who it affects:**\n- Former employees of the Joint Coal Board who were transferred to Coal Services Pty Limited\n- These workers were contributors to the NSW State Superannuation Fund (not those who chose to move to a different electricity industry scheme)\n\n**The key choices workers had:**\n- **Option 1:** Leave their accrued superannuation benefit deferred (frozen) in the State Fund, to claim later when they retire\n- **Option 2:** Transfer their deferred benefit out to a regulated superannuation fund of their choice (like a private super fund)\n- **Option 3:** Do nothing within 6 months — in which case, special rules in Schedule 23 of the Superannuation Act wouldn't apply to them\n\n**Why it matters:**\nThis regulation protected workers' retirement savings during a major structural change in the coal industry. It ensured that when their employer changed from a government body to a private company, employees didn't lose their accumulated superannuation benefits and had clear, time-limited choices about where those benefits should sit. The rules also require the superannuation authority (STC) to check that any new fund will properly secure the worker's money before transferring it."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This regulation extends the application of Schedule 23 to contributors whose employment transferred from the Joint Coal Board to Coal Services Pty Limited and specifies a six‑month election window and mechanics for deferral or transfer of their accrued State Fund benefits, thereby altering how the Act’s provisions operate for that specific cohort."},"complexity_factors":["Cross-references to multiple other laws (Superannuation Act 1916, Coal Industry Repeal Act 2001, Superannuation Industry (Supervision) Act 1993 and Schedule 23 to the Act) requiring reading of external provisions","Conditional outcomes driven by contributor elections within a fixed six‑month election period (clauses 4–7)","Administrative and verification obligation on STC before effecting transfers (clause 6)","Definitions that narrowly identify the affected cohort (the 'contributor' definition) which affects eligibility and implementation","Interaction between deferral mechanics (Division 3A of Part 4 of the Act) and transfer mechanics to regulated funds (clause 5)"],"plain_english_summary":"This regulation treats employees who moved from the Joint Coal Board to Coal Services Pty Limited on the dissolution date as eligible to either defer their accrued State Fund superannuation benefit or transfer it to a regulated superannuation fund. A six‑month election period applies. If a contributor elects transfer, STC must pay the benefit to the nominated regulated fund and first satisfy itself that the fund’s trust deed will vest the deferred benefit to the contributor."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-joint-coal-board-employees-transitional-regulation-2002","history":"/api/acts/superannuation-joint-coal-board-employees-transitional-regulation-2002/history","analysis":"/api/acts/superannuation-joint-coal-board-employees-transitional-regulation-2002/analysis","conflicts":"/api/acts/superannuation-joint-coal-board-employees-transitional-regulation-2002/conflicts","importantCases":"/api/acts/superannuation-joint-coal-board-employees-transitional-regulation-2002/important-cases","documents":"/api/acts/superannuation-joint-coal-board-employees-transitional-regulation-2002/documents"}}