{"id":"sr:transport-superannuation-regulations-2018","name":"Transport Superannuation Regulations 2018","slug":"transport-superannuation-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181332,"registerId":"vic-sr:transport-superannuation-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Transport Superannuation Regulations 2018","content":"Version No. 001\n\n**Transport Superannuation Regulations 2018**\n\n**S.R. No. 130/2018**\n\nVersion as at  \n14 September 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Salary 2\n\n7 Salary—pecuniary emoluments payable to a member 2\n\n8 Application of Act 5\n\n9 Contributions—specifications 5\n\n10 Benefit on resignation—prescribed rate 6\n\n11 Death and disability benefits payable to transferred members 6\n\n12 Death or disability benefit if a medical classification certificate is in force 7\n\n13 Death or disability benefit if no medical examination made 8\n\nSchedule 1—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date 9\n\n═════════════\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Amendments Not in Operation 13\n\n4 Explanatory details 14\n\n**Version No.** **001**\n\n**Transport Superannuation Regulations 2018**\n\n**S.R. No. 130/2018**\n\nVersion as at  \n14 September 2018\n\n\t1 Objectives\n\nThe objectives of these Regulations are for the purposes of the **Transport Superannuation Act 1988**—\n\n(a) to prescribe matters required or permitted to be prescribed; and\n\n(b) to specify matters for the calculation and payment of contributions for that Act; and\n\n(c) to prescribe other matters necessary or convenient for the purposes of that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 52 of the **Transport Superannuation Act 1988**.\n\n\t3 Commencement\n\nThese regulations come into operation on 14 September 2018.\n\n\t4 Revocation\n\nThe Transport Superannuation Regulations 2008[[1]](#endnote-2) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***bank account*** means an account with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;\n\n***the Act*** means the **Transport Superannuation Act 1988**.\n\n\t6 Salary\n\nFor the purposes of the definition of ***salary*** in section 3(1) of the Act, salary is the pecuniary emoluments payable to a member in accordance with regulation 7.\n\n\t7 Salary—pecuniary emoluments payable to a member\n\n(1) Salary is the amount, computed as determined by the Board, of the annual rate of remuneration for the time being payable periodically and regularly to a member by an employer including the annual rate of any higher duties allowances that have been paid continuously for at least 12 months but excluding—\n\n(a) any expense of office or uniform allowance; or\n\n(b) any reimbursement of travelling or other incidental expenses; or\n\n(c) any overtime allowance or any other allowances which would not ordinarily be payable in respect of every pay period in a year of employment.\n\n(2) For the purposes of subregulation (1)—\n\n(a) in the case of a member who is on leave of absence without pay or less than full pay and is not acting as a full-time officer of a union or employee organisation, salary is—\n\n(i) the salary of the member immediately prior to the commencement of that leave of absence increased in accordance with changes in the salary applicable to the substantive classification of the member during that leave of absence; or\n\n(ii) any greater salary as is paid to the member by any other employer and approved by the Board;\n\n(b) in the case of a member who is an employee of a union or employee organisation, salary is—\n\n(i) the last salary of the employee immediately prior to becoming a full‑time officer of the union or employee organisation adjusted in accordance with changes in the rate of salary for the last substantive classification of the member; or\n\n(ii) any greater salary as is paid to the member by the union or employee organisation and approved by the Board;\n\n(c) in the case of a part-time member, salary is the salary which would be payable at that time to a person in similar employment on a full-time basis;\n\n(d) in the case that a member's salary is reduced, and the Board agrees that the reduction must not be taken into account, salary is the greater of—\n\n(i) the salary of the member immediately prior to the reduction; and\n\n(ii) the actual salary payable to the member;\n\n(e) in the case of an employee performing shift work, salary includes an additional annual amount of remuneration calculated according to the schedule of shift allowances approved by the Board and published from time to time in the Government Gazette provided that—\n\n(i) for the purpose of calculating benefits the shift work has been performed for not less than 3 years immediately prior to the date at which the benefits become payable; and\n\n(ii) any benefit payable to an employee who becomes eligible for benefits without having completed 3 years of shift work must take into account any additional contributions paid by that employee in relation to the shift work;\n\n(f) in any other case, the amount, computed as determined by the Board, of the annual rate of remuneration for the time being payable periodically and regularly to a member by an employer including the annual rate of any higher duties allowances that have been paid continuously for at least 12 months but excluding—\n\n(i) any expense of office or uniform allowance; or\n\n(ii) any reimbursement of travelling or other incidental expenses; or\n\n(iii) any overtime allowance or any other allowances which would not ordinarily be payable in respect of every pay period in a year of employment.\n\n\t8 Application of Act\n\nFor the purposes of section 4(5) of the Act, a prescribed superannuation scheme is a superannuation scheme established and maintained—\n\n(a) under an Act of Victoria or any other State, the Commonwealth or a Territory; or\n\n(b) by the governing body of any authority constituted under any Act of Victoria or any other State, the Commonwealth or a Territory.\n\n\t9 Contributions—specifications\n\n(1) An election made by a member to change the member's rate of contribution under section 28 of the Act must—\n\n(a) be made in writing and give 2 months notice to the Board; and\n\n(b) take effect from the first date for payment of salary on or after the date or dates fixed by the Board for the adjustment of salary in each year.\n\n(2) Contributions that are deducted from the after-tax salaries of members, and other money payable to the Board, must be paid by the employing authority on the appropriate pay day by the direct crediting of those amounts to a bank account nominated by the Board or in any other manner approved by the Board.\n\n(3) Particulars in writing of the contributions and other money comprising the amount of payment must be provided by the employing authority to the Board on the day that the payment is made.\n\n(4) Any variation in the amount of contributions normally paid to the Board on any pay day must be explained in writing to the Board by the employing authority showing the changes that have occurred in the deductions from the contributor's after-tax salaries.\n\n(5) A contributor must make contributions to the Fund on each date of payment of salary or periodic payments under the **Accident Compensation Act 1985**.\n\n\t10 Benefit on resignation—prescribed rate\n\nFor the purpose of section 35(1)(a) of the Act the prescribed rate is—\n\n(a) the amount of contributions and interest as at 30 June 1987, calculated using the factors in Schedule 1 with values for intermediate dates of entry being calculated to the lower 0·01; and\n\n(b) the additional annual rates of interest to be applied from 1 July 1987 to 30 June 1988 and from 1 July to 30 June in subsequent years are as published by the Board in the Government Gazette in each of those years.\n\n\t11 Death and disability benefits payable to transferred members\n\nFull death and disability benefits must be granted by the Board to a transferred member who was entitled to full death and disability benefits under a superannuation fund or superannuation arrangement referred to in section 4(1) of the Act.\n\n\t12 Death or disability benefit if a medical classification certificate is in force\n\nIf a member in respect of whom there is in force a medical classification certificate dies or becomes disabled and the Board is of the opinion that the death or disability was caused or substantially contributed to by a condition specified in the medical classification certificate, the benefit payable instead of the benefits under section 30(1) or 31(1) of the Act is—\n\n(a) in the event of death—\n\n(i) the accrued retirement benefit at the date of death; and\n\n(ii) one-twentieth of the balance of the lump sum benefit which would have been payable if no medical classification certificate was in force for each year of recognised service—\n\nbut not exceeding the benefit which would have been payable if no medical classification certificate was in force at the date of death; or\n\n(b) in the event of disability, a pension for life at the rate of one-twelfth of—\n\n(i) the accrued retirement benefit at the date of disability; and\n\n(ii) one-twentieth of the balance of the lump sum benefit which would have been payable if no medical classification certificate was in force for each year of recognised service—\n\nbut not exceeding the pension which would have been payable if no medical classification certificate was in force at the date of disability.\n\n\t13 Death or disability benefit if no medical examination made\n\n(1) This regulation applies if—\n\n(a) a member who has not been medically examined and classified by the Board dies or is retired on account of disability; and\n\n(b) the Board is satisfied after considering medical evidence that the member's death or retirement—\n\n(i) was not due to the fault, whether by intentional act or omission, of the member or any person liable to benefit financially from the member's death; and\n\n(ii) was caused as a result of an accident or medical trauma unrelated to any prior medical condition of the member suffered by the member within the period of 12 months, or any longer period as is approved by the Board, prior to the member's death or retirement.\n\n(2) If this regulation applies, the Board may determine that any benefits payable under the Act in respect of the member's death or retirement be paid as if no medical classification certificate was in force at the date of death or disability.\n\nSchedule 1—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date\n\nRegulation 10(a)\n\n| *Date of entry during year ended* | *Factor* | *Date of entry during year ended* | *Factor* | *Date of entry during year ended* | *Factor* |\n| --- | --- | --- | --- | --- | --- |\n| 30.6.87 | 1·00 | 30.6.71 | 1·93 | 30.6.55 | 2·22 |\n| 30.6.86 | 1·07 | 30.6.70 | 1·96 | 30.6.54 | 2·23 |\n| 30.6.85 | 1·14 | 30.6.69 | 1·99 | 30.6.53 | 2·23 |\n| 30.6.84 | 1·21 | 30.6.68 | 2·02 | 30.6.52 | 2·24 |\n| 30.6.83 | 1·29 | 30.6.67 | 2·05 | 30.6.51 | 2·24 |\n| 30.6.82 | 1·37 | 30.6.66 | 2·07 | 30.6.50 | 2·24 |\n| 30.6.81 | 1·44 | 30.6.65 | 2·09 | Years ending 30.6.49 and earlier | 2·25 |\n| 30.6.80 | 1·51 | 30.6.64 | 2·11 |  |  |\n| 30.6.79 | 1·57 | 30.6.63 | 2·13 |  |  |\n| 30.6.78 | 1·62 | 30.6.62 | 2·15 |  |  |\n| 30.6.77 | 1·68 | 30.6.61 | 2·16 |  |  |\n| 30.6.76 | 1·73 | 30.6.60 | 2·18 |  |  |\n| 30.6.75 | 1·78 | 30.6.59 | 2·19 |  |  |\n| 30.6.74 | 1·82 | 30.6.58 | 2·20 |  |  |\n| 30.6.73 | 1·86 | 30.6.57 | 2·21 |  |  |\n| 30.6.72 | 1·90 | 30.6.56 | 2·22 |  |  |\n\n\n ═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Transport Superannuation Regulations 2018, S.R. No. 130/2018 were made on 11 September 2018 by the Governor in Council, after consideration of a report from the Emergency Services Superannuation Board, under section 52 of the **Transport Superannuation Act 1988**, No. 33/1988 and came into operation on 14 September 2018: regulation 3.\n\nThe Transport Superannuation Regulations 2018 will sunset 10 years after the day of making on 11 September 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Transport Superannuation Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 110/2008. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from the original intent. The document contains only structural metadata (version history, status labels) and not the substantive text of the regulations themselves. No determination about scope drift can be made."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history are present, preventing full complexity assessment","Superannuation regulations typically involve financial and actuarial concepts that can be technical","Interaction between regulations and the parent Act adds interpretive layers","Industry-specific definitions (e.g. who counts as a 'transport worker') can create classification edge cases","Consolidated versioning suggests amendments over time, which can create complexity in determining current obligations"],"plain_english_summary":"The Transport Superannuation Regulations 2018 set out detailed rules for how superannuation entitlements are calculated, administered and applied to workers in the ACT transport sector. They affect transport employees (e.g. drivers and freight workers), their employers and super fund administrators by prescribing eligibility, contribution and benefit arrangements relevant to that industry. Note: the supplied document appears to be largely metadata/version history, so specific rights and obligations cannot be fully determined from it."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations implement and clarify administrative and calculation details required by the Transport Superannuation Act 1988 and revoke the 2008 regulations. They prescribe operational rules for salary, contributions, timing and benefit calculations but do not alter who is covered by the Act or expand its substantive scope."},"complexity_factors":["Cross-references to the Transport Superannuation Act 1988 and external statutes (Banking Act 1959, Accident Compensation Act 1985) increase interpretive steps","Detailed salary computation rules with multiple conditional cases (regulation 7)","Board discretion to compute amounts, approve salaries and publish annual interest rates (regs 6, 7, 10)","Administrative timing and payment procedures, notice periods and reporting obligations for employers (regulation 9)","Medical classification rules that alter benefit quantum and discretionary relief when no examination occurred (regs 11–13)","Numeric legacy schedule of historical factors for interest calculation (Schedule 1)"],"plain_english_summary":"These regulations set how salary, member contributions, resignation, death and disability benefits under the Transport Superannuation Act 1988 are calculated and paid, revoke the 2008 regulations and commence on 14 September 2018.\n\nThey affect scheme members, employers (who deduct and remit contributions), and the Board (which sets computation rules, interest rates and approvals). They matter because they fix payment mechanics, eligibility calculations and administrative duties that determine members’ entitlements and employer compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2008 regulations (revoked by regulation 4) to update the legislative framework without expanding beyond the original purpose of operationalising the Transport Superannuation Act 1988. The scope remains limited to administrative and calculation rules for this specific fund."},"complexity_factors":["Multiple nested conditions in regulation 7 (salary calculation) with six distinct scenarios including sub-scenarios (e.g., 7(2)(a)(i) and (ii))","Cross-references to the parent Act (Transport Superannuation Act 1988) throughout, requiring simultaneous reading of both instruments","Mathematical calculation requirements in regulation 10 and Schedule 1 involving historical interest factors dating back to 1949","Conditional logic in regulations 12 and 13 involving medical classification certificates and alternative benefit calculations","Defined terms limited to only 2 items ('bank account' and 'the Act'), but heavy reliance on undefined terms from the parent Act","Temporal complexity with multiple date thresholds (12 months for higher duties, 3 years for shift work, 12 months for accident trauma in reg 13)"],"plain_english_summary":"These regulations set the rules for how the Transport Superannuation Fund operates in Victoria. They work alongside the Transport Superannuation Act 1988 to fill in the practical details.\n\n**What this covers:**\n\n- **Who it affects:** Transport workers who are members of this specific Victorian public sector superannuation fund, plus their employers and the Fund's Board.\n\n- **How salary is calculated:** The regulations spell out exactly what counts as 'salary' for superannuation purposes. This includes base pay and higher duties allowances (if paid continuously for 12+ months), but excludes things like overtime, uniform allowances, and expense reimbursements. Special rules apply for people on unpaid leave, part-time workers, union officials, and shift workers.\n\n- **How contributions work:** Members can change their contribution rate by giving 2 months' written notice. Employers must pay contributions directly into a nominated bank account and provide written details of what they're paying.\n\n- **Benefits when leaving:** If someone resigns, their benefit is calculated using a specific formula that includes interest on contributions made before 1987 (using the factors in Schedule 1) plus published interest rates for later years.\n\n- **Death and disability benefits:** Special rules apply for 'transferred members' (people who moved from other super funds). If someone has a medical condition noted on a 'medical classification certificate,' their death or disability benefit may be reduced. However, if someone dies or becomes disabled without having had a medical exam, and it's due to an accident unrelated to any prior condition, the Board can decide to pay full benefits anyway.\n\n**Why it matters:** These regulations determine how much money goes into workers' superannuation, how much they get out when they leave or retire, and what happens if they die or become disabled. The rules around medical classification certificates are particularly important—they can significantly affect how much families receive if a member dies."}},"importantCases":[],"_links":{"self":"/api/acts/transport-superannuation-regulations-2018","history":"/api/acts/transport-superannuation-regulations-2018/history","analysis":"/api/acts/transport-superannuation-regulations-2018/analysis","conflicts":"/api/acts/transport-superannuation-regulations-2018/conflicts","importantCases":"/api/acts/transport-superannuation-regulations-2018/important-cases","documents":"/api/acts/transport-superannuation-regulations-2018/documents"}}