{"id":"superannuation-julia-farr-services-employees-regulations-2003","name":"Superannuation (Julia Farr Services Employees) Regulations 2003","slug":"superannuation-julia-farr-services-employees-regulations-2003","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237541,"registerId":"sa-superannuation-julia-farr-services-employees-regulations-2003-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Julia Farr Services Employees) Regulations 2003","content":"South Australia\nSuperannuation (Julia Farr Services Employees) Regulations 2003\nunder the Superannuation Act 1988\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Miscellaneous\n5\tDeclaration of contributors\n6\tPayment of benefits\n7\tContributor taken to remain in employment\nPart 3—Modification of Superannuation Act 1988\n8\tModification of Act\n9\tAmendment of section 4—Interpretation\n10\tSubstitution of sections 23, 24 and 25\n23\tContributors\n11\tSubstitution of sections 27, 28, 28A, 28B, 28C and 29\n27\tRetirement\n28\tResignation and preservation of benefits\n12\tSubstitution of section 30\n30\tDisability pension\n13\tSubstitution of sections 31 and 32\n31\tTermination of employment on invalidity\n32\tDeath of contributor\n14\tRepeal of section 32A\nSchedule 1—Contributors\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Superannuation (Julia Farr Services Employees) Regulations 2003.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Superannuation Act 1988;\ncontributor means a person whose name appears in Schedule 1;\nPlan means the Julia Farr Centre Staff Provident Plan.\nPart 2—Miscellaneous\n5—Declaration of contributors\nA contributor is declared to be a new scheme contributor for the purposes of the Act.\n6—Payment of benefits\nDespite section 20B of the Act, any benefit or other entitlement payable under the Act as modified by Part 3 of these regulations must be paid out of the Fund.\n7—Contributor taken to remain in employment\n\t(1)\tSubject to subregulation (2), for the purposes of these regulations, a contributor who ceases employment with Julia Farr Services but—\n\t(a)\tcontinues his or her employment as a public sector employee; or\n\t(b)\tresumes his or her employment as a public sector employee within 1 month of the cessation of his or her employment with Julia Farr Services,\nwill be taken, for the duration of the contributor's employment as a public sector employee, to have continued his or her employment with Julia Farr Services.\n\t(2)\tA contributor's period of employment with Julia Farr Services is taken to have ceased if there is a break in the contributor's employment as a public sector employee of 1 month or more (and if there is a break of less than 1 month then it will be taken that the contributor has continued his or her employment with Julia Farr Services).\n\t(3)\tIn this regulation—\npublic sector employee has the same meaning as in the Public Sector Act 2009.\nPart 3—Modification of Superannuation Act 1988\n8—Modification of Act\nFor the purposes of clause 1(1)(b) of Schedule 1A of the Act, the provisions of the Act are modified in their application to the employees declared to be new scheme contributors under regulation 5 in the manner described in the following provisions of this Part.\n9—Amendment of section 4—Interpretation\n\t(1)\tSection 4(1), definition of age of retirement—delete the definition and substitute:\nage of retirement means 65 years;\n\t(2)\tSection 4(1), definition of contributor—delete the definition and substitute:\ncontributor means a person whose name appears in Schedule 1 of the Superannuation (Julia Farr Services Employees) Regulations 2003;\n\t(3)\tSection 4(1)—after the definition of pension period insert:\nPlan means the Julia Farr Centre Staff Provident Plan;\nprescribed employment means employment, or notional employment, with Julia Farr Services (see regulation 7 of the Superannuation (Julia Farr Services Employees) Regulations 2003);\n\t(4)\tSection 4(1)—after the definition of salary insert:\nSchedule means Schedule 1 of the Superannuation (Julia Farr Services Employees) Regulations 2003;\n10—Substitution of sections 23, 24 and 25\nSections 23, 24 and 25—delete the sections and substitute:\n23—Contributors\nA contributor is not required to make contributions to the Treasurer for the duration of his or her prescribed employment.\n11—Substitution of sections 27, 28, 28A, 28B, 28C and 29\nSections 27, 28, 28A, 28B, 28C and 29—delete the sections and substitute:\n27—Retirement\n\t(1)\tA contributor who retires from prescribed employment at or over the age of retirement is entitled to a superannuation payment determined as follows:\n\nWhere—\nA is the amount\nFS is the contributor's actual or attributed salary immediately before retirement (expressed as an annual amount)\nPn is—\n\t(a)\tin the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment\nBM is the sum of the amount of the retirement benefit multiple (RBM) and the amount of the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.\n\t(2)\tA contributor who retires from prescribed employment before attaining the age of retirement is entitled to a superannuation payment determined as follows:\n\nWhere—\nA is the amount\nFS is the contributor's actual or attributed salary immediately before retirement (expressed as an annual amount)\nPn is—\n\t(a)\tin the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment\nM is the actual period of membership (being membership of the Plan or as a contributor in prescribed employment) to the date of ceasing service (in completed months)\nPM is the period of membership (as described in item M) that the contributor would have completed at the age of retirement (in completed months)\nRBM is the retirement benefit multiple (RBM) appearing in the Schedule opposite the contributor's name\nABM is the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.\n28—Resignation and preservation of benefits\n\t(1)\tIf a contributor resigns from prescribed employment before reaching the age of 55 years, the contributor—\n\t(a)\tis entitled to superannuation benefits determined in accordance with the formula described in section 27(2) (as if he or she had retired); and\n\t(b)\tis taken to have elected to preserve his or her superannuation benefits.\n\t(2)\tThe contributor may at any time after reaching the age of 55 years require the Board to pay the superannuation benefits preserved under this section to the contributor and, if no such requirement has been made on or before the date on which the contributor reaches the age of retirement, the Board will make the payment.\n\t(3)\tIf the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will pay the preserved superannuation benefits to the contributor.\n\t(4)\tIf the contributor dies, the preserved superannuation benefits will be paid to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor's estate.\n\t(5)\tA payment made under any of the above subsections excludes further rights so that a claim cannot be subsequently made under some other subsection.\n12—Substitution of section 30\nSection 30—delete the section and substitute:\n30—Disability pension\n\t(1)\tSubject to this section, a contributor who is temporarily or permanently incapacitated for work in prescribed employment, and has not reached the age of retirement, is entitled to a disability pension.\n\t(2)\tA disability pension is not payable in respect of—\n\t(a)\ta period in respect of which the contributor is entitled to sick leave; or\n\t(b)\ta period in respect of which the contributor is entitled to weekly payments of workers compensation; or\n\t(c)\ta period for which the contributor is on recreation leave or long service leave.\n\t(3)\tThe Board will not pay a disability pension in respect of a period of incapacity unless and until the contributor has been absent from work as a result of the incapacity for a period of 3 months.\n\t(4)\tThe amount of a disability pension will be 75 per cent of the contributor's notional salary.\n\t(5)\tA disability pension cannot be paid, in respect of the same incapacity, for an aggregate period of more than 2 years.\n13—Substitution of sections 31 and 32\nSections 31 and 32—delete the sections and substitute:\n31—Termination of employment on invalidity\nIf—\n\t(a)\ta contributor's prescribed employment terminates on account of invalidity before the contributor reaches the age of retirement; and\n\t(b)\tthe Board is satisfied that the contributor's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent,\nthe contributor is entitled to a superannuation payment determined in accordance with the following formula:\n\nWhere—\nA is the amount\nFS is the contributor's actual or attributed salary immediately before termination (expressed as an annual amount)\nPn is—\n\t(a)\tin the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment\nBM is the sum of the amount of the retirement benefit multiple (RBM) and the amount of the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.\n32—Death of contributor\n\t(1)\tIf a contributor's prescribed employment is terminated by the contributor's death—\n\t(a)\tif the contributor is survived by a spouse—a lump sum payment will be made to the spouse;\n\t(b)\tif the contributor is not survived by a spouse—a lump sum payment will be made to the contributor's estate.\n\t(2)\tThe lump sum to be paid to a surviving spouse or to the contributor's estate is to be determined in accordance with the following formula:\n\nWhere—\nA is the amount\nFS is the contributor's actual or attributed salary immediately before the contributor's death (expressed as an annual amount)\nPn is—\n\t(a)\tin the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment\nBM is the sum of the amount of the retirement benefit multiple (RBM) and the amount of the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.\n14—Repeal of section 32A\nSection 32A—delete the section\nSchedule 1—Contributors\n\nName\nRetirement Benefit Multiple (RBM)\nAdditional Benefit Multiple (ABM)\nByerley, John Charles\n7.30\n—\nJohnson, Gwenda Mary\n4.95\n—\nKlose, Karin\n7.30\n—\nRougasche, Josephine Georgina\n6.53\n0.66\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\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 and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2003\n195\nGazette 25.9.2003 p3644\n1.10.2003: r 2 \n2005\n2\nGazette 13.1.2005 p77\n13.1.2005: r 2 \n2007\n177\nGazette 28.6.2007 p2834\n28.6.2007: r 2\n2010\n11\nGazette 28.1.2010 p356\nPt 17 (r 19)—1.2.2010: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under the Legislation Revision and Publication Act 2002\n13.1.2005\nPt 2\n\n\nr 4\ndeleted by 177/2007 r 4\n28.6.2007\nr 7\n\n\nr 7(1)\nsubstituted by 177/2007 r 5(1)\n28.6.2007\nr 7(2)\nvaried by 177/2007 r 5(2), (3)\n28.6.2007\nr 7(3)\nsubstituted by 177/2007 r 5(4)\n28.6.2007\n\nvaried by 11/2010 r 19\n1.2.2010\nr 7(4)\ndeleted by 177/2007 r 5(4)\n28.6.2007\nPt 3\n\n\nr 9\n\n\nr 9(3)\n\n\nprescribed employment\nvaried by 177/2007 r 6\n28.6.2007\nr 11\nvaried by 2/2005 r 4(1)—(4)\n13.1.2005\n\nvaried by 177/2007 r 7\n28.6.2007\nr 13\nvaried by 2/2005 r 5(1)—(4)\n13.1.2005\n\nvaried by 177/2007 r 8\n28.6.2007\nSch 1\nsubstituted by 177/2007 r 9\n28.6.2007\nHistorical versions\n13.1.2005\n\n28.6.2007\n\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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information available to assess whether the scope of this regulation changed from its original intent. The legislative text was not accessible due to a broken URL. Based on the title alone, the regulation appears narrowly scoped to a specific employer group, which is consistent with how transitional superannuation regulations typically operate in South Australia."},"complexity_factors":["Actual legislative text was not retrievable — analysis is based solely on the title and contextual inference","Superannuation regulations can involve technical financial and employment law concepts, but the narrow scope (single employer) typically limits complexity","Organisational restructuring contexts (common trigger for such regulations) can involve layered interactions between employment law, superannuation law, and administrative law","Score is intentionally conservative given no substantive content was available for analysis"],"plain_english_summary":"This South Australian regulation concerns superannuation arrangements for employees of Julia Farr Services (a disability services provider). Although the text is unavailable, the instrument likely set rules for how retirement entitlements and employer contributions were handled—especially around the 2003 period of organisational change—and thus mattered to affected staff and their superannuation funds."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These regulations narrow and alter the Act's operation for a defined list of employees by declaring them new scheme contributors (reg 5), exempting them from contribution obligations (reg 10 — new s 23), prescribing that benefits be paid from the Fund (reg 6), fixing retirement age at 65 (reg 9(1)) and substituting bespoke entitlement formulas and preservation rules (regs 11–13). The effect is a targeted modification of the Act's scope as applied to these named persons (reg 8)."},"complexity_factors":["Targeted scope: applies only to named persons in Schedule 1 (reg 3 definition; Sch 1) which concentrates rules on a very small cohort.","Statutory modification: the regulations modify the Superannuation Act's application to this cohort, requiring cross-reading of the Act and these regs (reg 8).","Custom benefit formulas: core entitlements (retirement, invalidity, death, resignation) are replaced with arithmetic formulas using variables FS, Pn, BM, M, PM etc (regs 11, 12, 13 — new ss 27, 30, 31, 32).","Individualised multipliers: retirement and other benefits depend on retirement benefit multiple (RBM) and additional benefit multiple (ABM) listed per person in Schedule 1, requiring case-by-case calculation (Sch 1; regs 11, 13).","Contribution exemption: contributors are not required to contribute for the duration of prescribed employment (reg 10 — new s 23), changing the flow of funds and incentives for participants.","Payment source override: despite section 20B of the Act, benefits for these contributors must be paid from the Fund (reg 6), shifting fiscal responsibility to that Fund.","Board discretion and decision burden: the Board must assess incapacity (60%+ and likely permanent) before some payments and enforces absence and waiting rules (reg 12(3); reg 13 — new s 31; new s 30(3)).","Interaction with other entitlements: disability pension exclusions while on sick leave, workers' compensation weekly payments, or on recreation/long service leave create sequencing and offset rules (reg 12(2)).","Employment continuity rule: a contributor who moves into public sector employment or resumes within 1 month is treated as continuously employed for entitlement purposes; breaks of ≥1 month end continuity (reg 7).","Age and preservation rules: age of retirement set at 65 (reg 9(1)); resignation before 55 triggers preservation rules and timing constraints on payment (reg 11 — new s 28).","Compliance and administrative burden: bespoke calculations, individual schedules and Board determinations demand record-keeping, actuarial calculation and adjudication tailored to each named contributor (Sch 1; regs 11–13)."],"plain_english_summary":"These regulations treat the specific people listed in Schedule 1 as \"new scheme contributors\" under the Superannuation Act, exempt them from making contributions, require that their entitlements be paid from the Fund, and set bespoke formulas for retirement, disability, invalidity, resignation and death benefits. They fix the age of retirement at 65, define how short public‑sector breaks affect continuity of service, and give the Board the role of deciding incapacity. The measures affect a small, named cohort and change who pays and how sums are calculated."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: providing transitional superannuation arrangements for the specific group of Julia Farr Services employees moving from a private provident plan to the state superannuation system. The amendments shown in the legislative history (2005, 2007, 2010) are minor technical updates—updating references to modernised legislation (e.g., Public Sector Act 2009), adjusting the list of contributors in Schedule 1, and refining calculation methods. There is no scope creep; the legislation has not expanded to cover additional employee groups or purposes beyond the original four named individuals and their specific circumstances."},"complexity_factors":["Extensive modification of primary legislation (Superannuation Act 1988) through substitution of multiple sections rather than simple amendment","Mathematical formulas with multiple variables (A, FS, Pn, BM, RBM, ABM, M, PM) requiring cross-reference to Schedule 1 for individual-specific multipliers","Conditional logic for part-time employment calculations (Pn variable varies based on full-time vs part-time status)","Nested cross-references: regulations modify Act, which refers back to Schedule in regulations, which contains individual-specific data","Preservation of benefits rules with multiple triggering conditions (age 55, incapacity, death)","Employment continuity rules with 1-month break threshold creating deemed employment status","Integration with workers compensation and leave entitlements (disability pension exclusions)"],"plain_english_summary":"This legislation creates a special superannuation (retirement savings) scheme for a small group of former employees of Julia Farr Services, a South Australian disability services organisation. It essentially 'grandfathers' these specific workers into the state government's superannuation system under unique terms.\n\n**What it does:**\n- Lists exactly **four people** by name (John Charles Byerley, Gwenda Mary Johnson, Karin Klose, and Josephine Georgina Rougasche) who are covered by these rules\n- Sets their retirement age at 65 (instead of the usual scheme rules)\n- Calculates their retirement benefits using a specific formula based on their 'benefit multiple' (a number representing years of service credit) and final salary\n- Allows these employees to move to other public sector jobs without losing their special superannuation status, provided the gap between jobs is less than one month\n- Provides rules for early retirement, resignation, disability pensions, invalidity retirement, and death benefits\n- **Crucially**: These employees don't have to make ongoing contributions to the fund—their benefits are fully employer-funded based on their prior service\n\n**Who it affects:**\nOnly the four named individuals (or their estates/beneficiaries). This is a closed group—no new members can join. The legislation exists because these employees were originally part of a private provident plan (the Julia Farr Centre Staff Provident Plan) that was being wound up or transitioned into the state system.\n\n**Why it matters:**\nThis is a 'legacy protection' law. It ensures these specific workers don't lose accrued retirement benefits when their employer (Julia Farr Services) moved from a private superannuation arrangement into the South Australian government superannuation system. It locks in their entitlements using a different calculation method than standard public servants."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-julia-farr-services-employees-regulations-2003","history":"/api/acts/superannuation-julia-farr-services-employees-regulations-2003/history","analysis":"/api/acts/superannuation-julia-farr-services-employees-regulations-2003/analysis","conflicts":"/api/acts/superannuation-julia-farr-services-employees-regulations-2003/conflicts","importantCases":"/api/acts/superannuation-julia-farr-services-employees-regulations-2003/important-cases","documents":"/api/acts/superannuation-julia-farr-services-employees-regulations-2003/documents"}}