Judges' Pensions Regulations 2018

The Regulations pivot on a small set of recurring legal and administrative concepts, each defined by reference to the Judges' Pensions Act 1971 or by procedural prescription in the Regulations themselves.

• Non-member spouse’s share and elections. The Regulations give practical effect to the Act’s concept of a non-member spouse’s share of a pension entitlement by specifying when and how that non-member spouse or, if deceased, the legal representative, may elect to have the interest commuted to a lump sum or converted to an associate pension (regs 4(1)-(2), 6(1)).

• Commutation factor (reg 5). For lump-sum conversions, the Regulations fix the monetary factor to be applied per dollar of annual pension commuted. The table in regulation 5 matches the age band of the member spouse at time of commutation to an amount, expressed as dollars of lump sum payable per dollar of annual pension. The factors decline as the member spouse’s age increases; some entries are given as ranges rather than single figures.

• Associate pension conversion (reg 6). Where a non-member spouse elects to take an associate pension, the Regulations define the inputs for that calculation: AP (associate pension), P (the non-member spouse’s share as determined under s 17H(1) of the Act), and conversion factors Mx+m and Ny+n drawn from Schedule 1. The conversion factors are to be derived by interpolating between the Schedule 1 table for the relevant ages, months, gender and type of pension interest. The text supplied defines these variables and the interpolation method but does not reproduce Schedule 1 itself.

• Notice and administrative timing (regs 7-8). The Regulations prescribe what must appear in Treasurer-supplied notice of electoral rights (writing, advice of options and consequences, value, basis of adjustments, and statement that the interest cannot be retained in the scheme) and require the Treasurer to complete certain actions,splitting the pension within 14 days of receipt of a splitting instrument and giving specified information to the non-member spouse. They also set time limits for elections: generally three months measured from different triggering events and six months for a legal representative after a non-member spouse’s death (regs 4, 6(1), 4(2)).

• Rollover default (reg 7(2)). If there is no election the Regulations make a mechanical default: the interest is rolled into the Southern State Superannuation Fund, and the Treasurer must notify the non-member spouse and supply membership details and other assistance information within 14 days.

• Revocation (Schedule 2). The Regulations formally revoke the previous 2003 Regulations, marking an administrative reset to the prescription of these processes.

Collectively the Regulations convert the high-level statutory choices in the Act into administrative deadlines, information obligations and numerical conversion mechanisms. They allocate the immediate operational decision-making to the Treasurer (issuing notices, splitting pensions and determining what other information may be of assistance), while placing elector obligations on non-member spouses or their legal representatives to act within specified periods and supply identifying and banking details before payments commence.

The Regulations chiefly affect four classes of actors, each with distinct roles and burdens:

1. Non-member spouses of judges. The primary class affected is the non-member spouse who, under the Act, acquires an entitlement to part of the judge’s pension interest following relationship breakdown and the making of a splitting instrument. The Regulations fix the time windows in which such persons must elect commutation to a lump sum or conversion to an associate pension (reg 4(1), reg 6(1)). They also impose information-gathering and documentation requirements before the Treasurer will pay a pension (reg 8(b)).

2. Legal representatives of deceased non-member spouses. Where a non-member spouse dies while entitled to or in receipt of a pension (other than an associate pension), the legal representative is given a six-month period in which to elect commutation to a lump sum (reg 4(2)). That representative must understand the commutation factors and the procedural windows and act within the fixed statutory period.

3. Member spouses (the judge or former judge). The age of the member spouse at time of commutation is the independent variable in the commutation table (reg 5). That means the amount payable to a non-member spouse per dollar of annual pension commuted depends on the member spouse’s age band. While the Regulations do not require the member spouse to take steps, their age directly affects the quantum that the non-member spouse can elect to receive.

4. The Treasurer and administering agency. The Regulations allocate administrative duties to the Treasurer: giving written notice, splitting pensions within 14 days of receipt of a splitting instrument, advising of value and basis of adjustments, rolling amounts to the Southern State Superannuation Fund if no election is made, and providing membership identification and assistance information within 14 days of rollover (regs 7(1), 7(2), 8(a)). The Treasurer also has a margin of decision in determining what information may assist and in making the adjustments that will be applied to interests (reg 7(1)(b)(iii), reg 7(1)(b)(ii)).

Secondary or indirect effects reach other parties:

• Southern State Superannuation Fund administrators, who will receive interests rolled over where no election is made and must integrate those credits under that Fund’s administrative rules. The Regulations require the Treasurer to provide a membership identification number and other assistance information on rollover (reg 7(2)).

• Advisers (lawyers, accountants, actuaries). Advisers will need to interpret the commutation table (reg 5), obtain the conversion factors in Schedule 1 for associate pensions (reg 6(2)), and manage timelines and documentation for clients to ensure elections are effective.

Who pays and who bears administrative burdens. Non-member spouses and their legal representatives bear the primary burden of making timely elections and providing required personal and bank details (regs 4, 6(1), 8(b)). The Treasurer bears administrative burdens: issuing compliant notices, effecting splits within 14 days and performing the rollover and notification processes (regs 7-8). Member spouses bear an economic effect via age-linked commutation factors: the older the member spouse, the lower the lump sum per dollar of annual pension commuted (reg 5).

The Regulations therefore concentrate procedural burdens on non-member spouses and their representatives, while centralising information provision and timing obligations in the office of the Treasurer.

The Regulations create and specify a set of duties for the Treasurer, duties and election rights for non-member spouses (and their legal representatives), and certain procedural prerequisites for payment. The duties and rights are described below, with their regulatory sources.

Duties and obligations of the Treasurer

• Give written notice of right to elect. The Treasurer must give written notice to a non-member spouse of their right to make an election in respect of an interest (reg 7(1)). That notice has prescribed content: it must advise the option to make an election and the consequences of failing to do so within 28 days, the value of the interest, the basis of adjustments applied or to be applied, and must notify that the interest cannot be retained in the scheme (reg 7(1)(a)-(c)).

• Split the pension within a statutory time. If the interest is a pension and the non-member spouse has not elected commutation, the Treasurer must split the relevant pension within 14 days of receipt of the splitting instrument (reg 8(a)(i)).

• Advise on value and adjustments. The Treasurer must advise the non-member spouse of the value of the interest and the basis of any adjustments that have been or will be applied (reg 8(a)(ii)).

• Roll over when no election. If a non-member spouse interest is rolled over to the Southern State Superannuation Fund because an election has not been made, the Treasurer must, within 14 days of rollover, advise the non-member spouse of the rollover and provide a membership identification number and any other information the Treasurer determines may assist (reg 7(2)).

Duties and actions required of non-member spouses and legal representatives

• Timely elections. A non-member spouse entitled to have their share commuted to a lump sum must make that election within three months of the operative time (reg 4(1)). A notice-based election to have an entitlement converted to an associate pension must be given in writing within three months of the date on which notification of the right to make the election is given by the Treasurer (reg 6(1)). If a non-member spouse dies while entitled to or in receipt of a pension (other than an associate pension), an election by the deceased’s legal representative to commutate to a lump sum must be made within six months of the non-member spouse’s death (reg 4(2)).

• Provide personal and banking details. Before the Treasurer can commence payment of a pension, the non-member spouse must advise their name, address, date of birth and bank account details and provide any other relevant information requested by the Treasurer, including documents verifying personal details (reg 8(b)(i)-(ii)).

Rights created or protected by the Regulations

• Right to elect commutation or associate pension. The Regulations operationalise the non-member spouse’s statutory right to elect commutation of their share to a lump sum or to elect an associate pension (reg 4 and reg 6(1)). The Regulations fix the relevant windows and procedural steps that give effect to that statutory right.

• Right to be informed of value and adjustments. The non-member spouse is entitled to written advice from the Treasurer of the value of the interest and the basis of any adjustments that have been or will be applied (reg 7(1)(b)(ii), reg 8(a)(ii)).

Other procedural rules affecting rights and duties

• The interest cannot be retained in the scheme. The Treasurer’s notice must state that the interest cannot be retained in the scheme (reg 7(1)(c)), which reduces the set of available options for the non-member spouse and makes the election decision binary between commutation to a lump sum, conversion to an associate pension, or allowing rollover.

• Commutation factors and conversion methodology. The Regulations give the non-member spouse or legal representative concrete numbers and a method to determine lump sums and associate pensions. The lump-sum per-dollar commutation factors are set out in a table (reg 5). Associate pensions will be calculated using conversion factors derived from Schedule 1 by interpolation by age, months, gender and pension type (reg 6(2)). These numerical rules constrain both the rights (what can be received) and duties (what must be calculated and provided) of the parties.

Notice content and timing are tightly specified. The requirement that notices be in writing, contain detailed valuation and adjustment information and specify consequences of failure to elect within 28 days (reg 7(1)) creates an obligation on the Treasurer to produce identifiable documentary records and gives the non-member spouse a right to receive specific information before making a decision.

The Regulations therefore allocate specific administrative duties to the Treasurer, impose tight timelines and evidence obligations on non-member spouses and their representatives, and fix the calculation inputs that determine economic outcomes.

The Regulations themselves do not prescribe civil penalties, criminal offences or a formal enforcement regime within their text. They operate as subordinate rules implementing parts of the Judges' Pensions Act 1971; the Regulations set procedural timelines and require action by the Treasurer and by non-member spouses or legal representatives, but they do not in themselves establish express sanctions or enforcement mechanisms for non-compliance in the text supplied.

Practically, the document contains several compliance consequences and administrative outcomes that function as non-punitive enforcement mechanics:

• Rollover default for inaction. The principal practical consequence for a non-member spouse who does not make an election within the windows described is administrative rather than penal: the interest will be rolled over to the Southern State Superannuation Fund (reg 7(2)). That rollover is a binding, operational outcome that alters the instrumentality of the benefit and the fund in which it is held.

• Time-limited election windows. The Regulations make elections time-limited (three months from operative time or Treasurer notification; six months for a legal representative after death) (regs 4(1), 6(1), 4(2)). Missing these windows will usually foreclose the elected choice and trigger the rollover default, rather than produce an independent fine or criminal sanction under these Regulations.

• Administrative preconditions to payment. Payment of a pension cannot commence until the non-member spouse provides name, address, date of birth, bank account details and any other relevant information or documents requested by the Treasurer (reg 8(b)). Failure to produce these items delays payment; such delay is an enforcement mechanism in the sense of withholding payment until compliance.

Where enforcement, remedies, or penalties might exist will therefore be governed by the Judges' Pensions Act 1971 itself or by other applicable South Australian administrative, superannuation or public law remedies (judicial review, statutory appeals, fund rules) that are not replicated within these Regulations. The Regulations presuppose the Act’s framework for authority and do not separately create offences or pecuniary penalties in the text supplied.

Because the Regulations allocate operational duties to the Treasurer and define timing and informational thresholds, the practical enforcement levers are administrative: timely splitting, notices, rollover, and withholding of payments until identification and banking details are provided. Any legal challenge to those administrative acts or to the interpretation of the numerical tables would be pursued under the Act or general administrative law; the Regulations themselves contain no expressed penalty schedule.

The Regulations operate exclusively by reference to the Judges' Pensions Act 1971 and interact with other statutory instruments and schemes in predictable administrative ways as described below.

Primary interaction with the Judges' Pensions Act 1971

• Direct implementation. Multiple provisions of these Regulations explicitly implement sections of the Act, notably sections 17H and 17I. Regulation 4 implements procedural timing for elections under s 17H(2)(b) and s 17H(5) (reg 4(1)-(2)); regulation 6 implements aspects of s 17H(2)(a)(ii) and s 17H(3) (reg 6(1)-(2)); and regulations 7 and 8 implement s 17I(3)-(4) (regs 7-8). The Regulations therefore function as subordinate rules framed to give effect to statutory rights and duties created by the Act.

Interaction with Southern State Superannuation Fund rules

• Rollover into another fund. The Regulations create a default that rolls over non-member spouse interests to the Southern State Superannuation Fund where an election is not made (reg 7(2)). This creates an operational intersection with the legislative or regulatory framework that governs that Fund. The Regulations require the Treasurer to provide membership identification and assistance information on rollover, but the substantive rights and obligations attaching to the rolled-over credit will be governed by the Southern State Superannuation Fund’s rules and the statutory regime that establishes or governs that Fund. Those rules are external to these Regulations.

Administrative law and record-keeping obligations

• Notice and advice obligations. The Regulations prescribe specific notice content that the Treasurer must provide (reg 7(1)). Those obligations create documentary records that interlock with general administrative law principles (procedural fairness, adequate notice, and informed decision-making), though the Regulations themselves do not repeat or replace the broader principles in administrative law. Any dispute over adequacy of notice or the timing of an election will be litigated or remedied under the Act and general administrative law, not within the Regulations.

Gendered conversion factors and superannuation actuarial tables

• Schedule 1 and gendered factors. Regulation 6(2) states that conversion factors used to determine an associate pension depend on gender and type of pension interest and are to be taken from Schedule 1. That creates an intersection with any statutory or policy constraints on gender-differentiated actuarial factors. The Regulations themselves require interpolation of Schedule 1 factors by age and month; any legal constraints on gendered factors would be engaged outside these Regulations.

Revocation of prior Regulations

• Supersession of 2003 Regulations. Schedule 2 revokes the Judges' Pensions Regulations 2003. This is a direct statutory interaction: any administrative practice or rights created by the 2003 Regulations are superseded by the 2018 Regulations from the date of commencement (Schedule 2).

Matters not covered and requiring cross-reference

• Substantive pension entitlements and remedies. The Regulations are procedural and quantitative; they do not define substantive eligibility for pension benefits, nor do they create penalties or appeal rights. Those matters remain in the Act or in other statutory instruments, and practitioners must cross-check the Judges' Pensions Act 1971 and the rules of the Southern State Superannuation Fund for the full legal picture.

In short, these Regulations are tightly integrated with the Act for substantive authority, they create a specific operational link to the Southern State Superannuation Fund by means of rollover, and they depend on external actuarial tables in Schedule 1 for associate pension conversion. Any full legal analysis therefore requires reading these Regulations alongside the Act and the rules or enabling legislation for the Southern State Superannuation Fund.

The Regulations contain a brief legislative history in the text supplied. Key points are:

• Date, instrument and commencement. The Judges' Pensions Regulations 2018 (No 197) were published in the South Australian Government Gazette on 2 August 2018 (Gazette 2.8.2018 p3023) and the Regulations commenced on the date they were made, that is 2 August 2018 (reg 2 and Legislative history).

• Revocation of earlier regulations. Schedule 2 expressly revokes the Judges' Pensions Regulations 2003 (Schedule 2). The 2018 Regulations are therefore a successor instrument that replaced the 2003 subordinate rules governing the administrative mechanics of Judges’ pensions splitting and conversion.

• No subsequent amendments recorded in the supplied text. The Legislative history provided in the text lists the principal regulations entry (2018 No 197) and the commencement date; no later amending instruments or subsequent revisions are shown in the supplied extract. The Regulations as provided therefore appear to be the principal and current subordinate instrument superseding the 2003 Regulations as at their commencement date.

• Relationship to the Act. The Regulations are expressly made under the Judges' Pensions Act 1971 (reg 3 defines Act as that Act). Any future amendment to the Act that changes the substantive rights, or to these Regulations themselves, would require a consequential amendment to these subordinate rules or their replacement.

Given that the text supplied contains only the initial instrument’s legislative history entry and the revocation of the 2003 Regulations, a full statutory history beyond these points cannot be reconstructed from this material alone. Users needing the amendment timeline or subsequent amendments should check the consolidated versions maintained by South Australian legislation databases or the Registrar of Subordinate Legislation for entries after the 2018 commencement date.

The Regulations as supplied do not include or mention any judicial decisions, cases, administrative appeals or litigation history. No judgments, appeals or disputes arising under these particular Regulations are recorded in the text provided.

While there is no litigation history in this document, the Regulations create several discrete administrative choices and numerical inputs that could, in practice, be sources of dispute if contested under the Act or in administrative law processes. The following are sources within the Regulations that commonly give rise to litigation or dispute risk, described strictly as structural risks anchored in the Regulations’ text rather than as evidence of actual litigation:

• Timing disputes. The Regulations impose multiple, specific time limits for elections: three months from an “operative time” for certain commutation elections (reg 4(1)), three months from the date on which the Treasurer’s notification is given for an associate pension election (reg 6(1)), six months for a legal representative following death (reg 4(2)), and a 14‑day timeline for the Treasurer to split pensions on receipt of a splitting instrument (reg 8(a)(i)). Disputes may arise over when these triggering times occur, what documents constitute valid notification, and whether a notice was properly given “in writing” as required by reg 7(1)(a).

• Valuation and adjustment basis. The Treasurer must advise the non-member spouse of the value of the interest and the basis of any adjustments that have been or will be applied (regs 7(1)(b)(ii), 8(a)(ii)). The valuation methodology, calculation errors, or opacity about adjustments could prompt challenge.

• Exact commutation factors. The commutation table (reg 5) includes many age bands expressed as ranges (for example, 60-61: $10.00-$9.90). That presentation could spawn disputes about which exact value applies for a partially completed year of age or whether further guidance is required to fix the precise factor within the stated range.

• Associate pension calculation detail. Regulation 6(2) describes conversion factors and interpolation between Schedule 1 factors but the supplied text defines variables without reproducing the Schedule 1 table or the explicit arithmetic relating AP, P, Mx+m and Ny+n. Absence of the full Schedule 1 in this extract may give rise to uncertainty about the applicable conversion numbers and the appropriate interpolation method in practice.

• Rollover consequences. The rollover default into the Southern State Superannuation Fund (reg 7(2)) may cause dispute over rights once an interest is rolled, including issues about timing, notice adequacy and the content of the “other information” the Treasurer determines may be of assistance.

Any litigation or challenge to actions under these Regulations would proceed under the Act or via administrative law channels; this document does not itself record any such proceedings. Practitioners should therefore verify contemporaneous case law and tribunal decisions at the time of engagement, as the Regulations establish administrative steps that are susceptible to interpretation and legal challenge even if none are recorded here.

The Regulations present a number of practical traps for the unwary because they compress decision windows, assign administrative discretion to the Treasurer, and leave some numerical and procedural specifics to external schedules or to determinations by the Treasurer. The following are concrete “gotchas” that a practitioner or client should note, each grounded strictly in the regulatory text.

• Multiple and overlapping time triggers. Different election windows are tied to different triggering points: three months from the operative time for some elections (reg 4(1)), three months from the Treasurer’s notification for associate pension elections (reg 6(1)), six months for a legal representative following death (reg 4(2)), and a distinct 28‑day consequence warning that must be included in the Treasurer’s notice (reg 7(1)(b)(i)). Practitioners must identify exactly which trigger applies in each case; failing to do so can result in missed rights and the rollover default.

• “In writing” requirement is minimal but binding. Elections must be given in writing where specified (reg 6(1) and reg 7(1)(a) requires notice to be in writing). The Regulations do not define the formality required beyond “in writing” or specify delivery method. That creates risk about the date of receipt and whether informal electronic notices suffice. Preserve clear documentary proof of delivery and receipt.

• The interest cannot be retained in the scheme. The Treasurer’s notice must tell the non-member spouse that the interest cannot be retained in the scheme (reg 7(1)(c)). That eliminates retention as an option; non-member spouses must either elect commutation, elect an associate pension, or accept rollover. This constraint may surprise parties who expect a retention option.

• Rollover is automatic and followed by short notice deadlines. If no election is made, the interest is rolled to the Southern State Superannuation Fund and the Treasurer must advise and provide a membership identification number within 14 days of the rollover (reg 7(2)). The tight 14‑day timing for notification is an administrative deadline the Treasurer must meet, but once effected the substantive nature of the beneficiary credit moves to the rules of the Southern State Superannuation Fund.

• Commutation table uses age of member spouse, not the non-member spouse. The lump-sum factor is keyed to the age of the member spouse at time of commutation (reg 5). That may be counterintuitive for non-member spouses who may expect their own age to be material. In fact, the member spouse’s age band determines the per‑dollar factor.

• The commutation table contains ranges but no single precise factor specified for in-year ages. The table in reg 5 frequently presents a range for a one-year age band (for example 66-67: $9.30-$9.10). The Regulations do not explicitly state how to choose a point within a range. That omission creates uncertainty about exact lump-sum calculations for births or months-of-age inside the band.

• Associate pension conversion depends on Schedule 1 and interpolation. Reg 6(2) requires conversion factors from Schedule 1 and dictates they be derived by interpolating between ages. The supplied text does not reproduce Schedule 1. Practitioners must obtain Schedule 1 and confirm the applicable gender and pension-type factors; failure to use the correct Schedule 1 factor or interpolation method will produce incorrect AP amounts.

• Treasurer’s discretion about “assistance” and adjustments. The Treasurer may determine “any other information that, according to a determination of the Treasurer, may be of assistance to the non-member spouse” on rollover (reg 7(2)(b)), and the Treasurer must advise the basis of any adjustments that have been or will be applied (reg 7(1)(b)(iii), reg 8(a)(ii)). Those provisions vest factual and valuation discretion in the Treasurer; practitioners should insist on full documentary disclosure of the basis for adjustments.

• Payments delayed until identification and bank details supplied. The Treasurer will not commence payment of a pension until the non-member spouse gives name, address, date of birth, bank account details and any other relevant information and documents requested (reg 8(b)). Failure to provide these promptly will delay receipt of benefits even where the election was made in time.

• Absence of penalty rules in the Regulations. These Regulations do not set out penalties for non-compliance, but the practical result of missed deadlines is operational (rollover, delayed payment). Practitioners should not assume that failure to comply triggers statutory fines; it ordinarily triggers administrative outcomes specified in the Regulations.

• Revocation of 2003 Regulations. The 2018 Regulations revoke the 2003 Regulations (Schedule 2). Where past practice flowed from the 2003 instrument, do not assume the same practice applies now; consult the 2018 text and Schedule 1.

These are concrete points of friction created by the Regulations’ structure. Effective practice around these instruments requires careful attention to dates of notice, preservation of documentary proof, early retrieval of Schedule 1 conversion factors, early communication with the Treasurer’s office about valuation adjustments, and prompt provision of identity and banking information to avoid delay.

Compliance under these Regulations is a procedural exercise built around strict timelines, documentary elections and the accurate application of numerical conversion factors. The following step-by-step approach synthesises the obligations in the Regulations and identifies the documents and actions that should be taken to reduce execution risk. All steps reference the relevant regulation numbers.

1. Establish the relevant trigger date(s)

• Determine which election window applies. If the non-member spouse is “entitled to have the whole of their share in an entitlement commuted to a lump sum,” the election must be made within three months of the operative time (reg 4(1)). If the election concerns conversion to an associate pension, the election must be given in writing within three months of the date on which the Treasurer’s notification is given (reg 6(1)). If the non-member spouse has died while entitled to a pension, the legal representative must elect within six months of death (reg 4(2)). Record the precise operative or notification date and the corresponding deadline.

2. Preserve and record all notices and communications

• The Treasurer must give notice “in writing” and include specified content (reg 7(1)). Save the original notice and all proof of delivery. Confirm the notice contains: (a) advice of the option to elect and the consequences of failing to do so within 28 days (reg 7(1)(b)(i)); (b) the value of the interest (reg 7(1)(b)(ii)); (c) the basis of any adjustments applied or to be applied (reg 7(1)(b)(iii)); and (d) that the interest cannot be retained (reg 7(1)(c)). If any item is missing, request clarification immediately in writing.

3. Decide within the election window and prepare a written election

• Make the election in writing within the applicable window (reg 4(1), reg 6(1), reg 4(2)). Keep a dated copy and proof of service. Because the Regulations require elections to be in writing, verbal communications are insufficient.

4. Calculate the monetary outcomes correctly

• For lump-sum commutation use the commutation table in regulation 5. Multiply the annual pension amount (the dollar per annum figure) by the applicable commutation factor (dollars of lump sum per dollar of annual pension). Identify the member spouse’s age band at the time of commutation as the table in reg 5 is keyed to the member spouse’s age.

• Where the table entry is a range for an age band, seek confirmation from the Treasurer or the administering office as to the precise factor to be applied for the relevant date and circumstances. The Regulations set the table but do not specify how to select an exact number from the range in the text supplied.

• For associate pensions, obtain Schedule 1 and use the conversion factors specified there. Apply the interpolation method required by reg 6(2) to derive Mx+m and Ny+n for the relevant ages and months. The variable definitions in reg 6(2) must be used as inputs to the associate pension method; ensure you obtain the Schedule 1 factors for the correct gender and the correct type of pension interest.

5. Provide identification and bank details promptly

• If a pension will be paid to the non-member spouse post-splitting, provide the Treasurer with name, address, date of birth and bank account details and any other documents requested for verification before payments will commence (reg 8(b)). Anticipate requests for verification documents and prepare certified copies if required.

6. Monitor Treasurer actions and statutory timelines

• After issuance of a splitting instrument, the Treasurer must split the pension within 14 days and advise the non-member spouse of the value and basis of adjustments (reg 8(a)). Track these 14‑day deadlines and follow up immediately if the split and advice do not occur.

• If no election is made the Treasurer must roll the interest into the Southern State Superannuation Fund and, within 14 days of rollover, provide notification and a membership identification number and other assistance information as determined by the Treasurer (reg 7(2)). Verify receipt of such notice and the membership identification number.

7. Keep contemporaneous evidence and be ready to query valuations

• Because the Treasurer must advise the basis of any adjustments (regs 7(1)(b)(iii), 8(a)(ii)), obtain those calculations in writing and check the arithmetic (commutation multiplication, interpolation method for associate pensions). If the basis or calculations are unclear, request explanatory documents and, if necessary, actuarial detail supporting the factor choices.

8. For deceased non-member spouses, immediately instruct legal representative action

• If acting for a legal representative, note the six-month election period from the non-member spouse’s death for election to commutate the pension to a lump sum (reg 4(2)). Preserve the will, grant of representation and all dates of death notices; file the election within the six months where appropriate.

9. Seek Schedule 1 and confirm gender and pension-type factors

• Because associate pension calculations rely on Schedule 1 (reg 6(2)), secure the Schedule 1 table early, confirm the correct gender-based factor and the correct pension-interest type, and apply interpolation by months as required.

10. Advise clients on limited options and rollover consequences

• Inform clients that the interest cannot be retained in the scheme (reg 7(1)(c)) and that non-action will result in rollover to the Southern State Superannuation Fund (reg 7(2)). Advise on likely administrative consequences of rollover and timing for accessing credits under the receiving fund’s rules.

Concrete document list to prepare before action

• Copy of the Treasurer’s written notice of election rights (reg 7(1)).
• Signed, dated election in writing stating the chosen option and delivered with proof.
• Calculation worksheet applying reg 5 or reg 6(2) with supporting actuarial tables (Schedule 1 where relevant).
• Identity verification documents for the non-member spouse (to be supplied at Treasurer’s request) (reg 8(b)(ii)).
• Bank account details and proof of account for payment.
• If representing a legal representative: death certificate and proof of legal representation to meet the six-month election window (reg 4(2)).

The Regulations rely on timely, written elections and on the accurate application of numerical factors. Compliance therefore requires clear calendar management of multiple deadlines, documentary proof of notice and election, early retrieval of Schedule 1 conversion factors, and proactive communication with the Treasurer’s office to confirm precise commutation multipliers where the table provides ranges.