State Authorities Superannuation (Government Railways Superannuation Scheme Transfer) (Savings and Transitional) Regulation 1990 (New South Wales) | Zoe
State Authorities Superannuation (Government Railways Superannuation Scheme Transfer) (Savings and Transitional) Regulation 1990
In ForceNSW
Jurisdiction
New South Wales
Act Number
319 of 1990
Collection
regulation
Plain English Summary
6/10 complexity
This regulation moves Government Railways Superannuation contributors and pensioners into the State Authorities Superannuation (SAS) Fund as of 1 June 1990, credits transferred accounts and prescribes how transfer points and pensions are calculated (cls 2–8, 14). The SAS Board receives assets, pays benefits and applies CPI-linked adjustments subject to minimums and board discretion; contributors and survivors must comply with application, reporting and medical-examination requirements (cls 6, 9–11, 16–18, 21–29).
This Regulation effects a legal and financial transfer of members, pensions, assets, liabilities and statutory functions from the Government Railways (Superannuation) scheme created by the Government Railways (Superannuation) Act 1912 (the earlier Act) into the State Authorities Superannuation Scheme administered by the SAS Trustee Corporation under the State Authorities Superannuation Act 1987 (the later Act). The transfer is mechanically effective on 1 June 1990 for most persons, with narrow exceptions for a handful of named contributors and those who died within a specified two-month window; those exceptions are dealt with by the commencement and transfer date definitions (clauses 2 and 3 and Schedule 1).
At a practical level the Regulation:
Deems contributors under the earlier Act who were contributing immediately before the transfer date to have elected to contribute to the SAS Fund from the transfer date (clause 4(1)). Certain subsections of section 19 of the later Act are to be read as omitted for this purpose (clause 4(2)).
Treats persons who were receiving superannuation allowances or prescribed pensions under the earlier Act immediately before the transfer date as transferred pensioners entitled to pensions from the SAS Board under this Regulation (clause 5).
Requires establishment of contributor accounts in the SAS Fund for each transferred contributor, credited with the amount contributed by the member to the Government Railways Superannuation Account immediately before transfer (clause 6).
Prescribes the method for converting pre-transfer service and contribution history into the later Act benefit metrics: a transfer points formula (clause 8), notional entry dates and treatment of final average salary and accrued/prospective benefit point definitions (clause 7).
Current sections
Direct links to the current provisions in State Authorities Superannuation (Government Railways Superannuation Scheme Transfer) (Savings and Transitional) Regulation 1990.
(b) an age or invalid pension payable under Part IV of the Social Security Act 1947 of the Commonwealth, or
(c) a class “B” widow’s pension payable under Schedule 1B to the Social Security Act 1947 of the Commonwealth.
contributor under the earlier Act means a person who was, immediately before the transfer date, a contributor to the Government Railways Superannuation Account.
old board means the board constituted under section 110 of the Government Railways (Superannuation) Act 1912.
pension includes a spouse pension.
salary for the purpose of determining the transfer points of a transferred contributor means the salary reported to the SAS Board for that purpose by the contributor’s employer.
SAS Fund means the State Authorities Superannuation Fund established in accordance with the later Act.
service, in relation to a transferred contributor, means the period of complete years, not exceeding 40, during which contributions to the Government Railways Superannuation Account were paid by or in respect of the contributor and in respect of which contributions were held immediately before the transfer date.
spouse pension means a pension that the spouse or de facto partner of a transferred pensioner or transferred contributor is entitled to receive under clause 17.
(b) in the case of a contributor under the earlier Act who is named in Schedule 1 or such a contributor who has died during the period of 2 months beginning on 1 April 1990—the day before the contributor’s exit date.
transferred contributor means a contributor under the earlier Act who is taken to have elected to become a transferred contributor by virtue of clause 4 (1).
transferred pensioner means a person who was, immediately before the transfer date, entitled to receive a superannuation allowance or prescribed pension under the earlier Act and who is transferred to the State Authorities Superannuation Scheme by virtue of clause 5 and, where the payment of a prescribed pension under the earlier Act was suspended at the transfer date, includes the person who would have been entitled to receive the pension but for the suspension.
cl 3: Am 28.3.2003.
Part 2
Transfer of contributors and pensioners to SAS Fund
Part 2 Transfer of contributors and pensioners to SAS Fund
Part 2 Transfer of contributors and pensioners to SAS Fund
4
Transfer of Government Railways Superannuation Account contributors to the SAS Fund
4 Transfer of Government Railways Superannuation Account contributors to the SAS Fund
4 Transfer of Government Railways Superannuation Account contributors to the SAS Fund
(1) A contributor under the earlier Act who was contributing to the Government Railways Superannuation Account immediately before the transfer date is, on that date, to be taken to have elected under section 19 (1) of the later Act (election to contribute to the Fund), effective on that date, to contribute to the SAS Fund.
(2) For the purposes of subclause (1), section 19 of the later Act is to be read as if subsections (2), (3), (4), (6) and (7) of that section were omitted.
(3) If a contributor under the earlier Act has become a transferred contributor in accordance with such an election—
(a) the contributor ceases to be a contributor to the Government Railways Superannuation Account, and
(b) a benefit under the earlier Act is not payable to or in respect of the contributor.
(4) A transferred contributor may elect to contribute to the Fund at the rate of 1, 2, 3, 4, 5, 6, 7, 8 or 9 per cent of his or her salary.
(5) A person who has made no election under subclause (4) is taken to have elected to contribute at the rate of 1 per cent of the person’s salary.
(6) A contributor under the earlier Act who has become a transferred contributor in accordance with this clause may, subject to section 20 of the later Act (additional benefit), make an application under that section at any time.
5
Transfer of Government Railways Superannuation Account pensioners to the SAS Fund
5 Transfer of Government Railways Superannuation Account pensioners to the SAS Fund
5 Transfer of Government Railways Superannuation Account pensioners to the SAS Fund
A person who was, immediately before the transfer date, entitled to receive a superannuation allowance or prescribed pension under the earlier Act is, on that date, to be taken to have been transferred to the State Authorities Superannuation Scheme and is, on and after that date, entitled to receive from the SAS Board a pension in accordance with this Regulation.
6
Transferred accounts and reserves
6 Transferred accounts and reserves
6 Transferred accounts and reserves
(1) A contributor’s account required by section 12 (1) of the later Act (contributors’ accounts) in respect of a transferred contributor is taken to have been established in the SAS Fund on the transfer date.
(2) The SAS Board must ensure that the account is established with a credit balance equal to the amount contributed by the transferred contributor to the Government Railways Superannuation Account immediately before that contributor became a contributor to the SAS Fund.
7
Application of certain definitions to transferred contributors
7 Application of certain definitions to transferred contributors
7 Application of certain definitions to transferred contributors
(1) For the purpose of applying the definition of accrued benefit points in section 36 of the later Act (definitions) to a transferred contributor, that definition is to be read as if the reference in it to contributed points figures included a reference to the number of transfer points described in clause 8.
(2) For the purpose of applying the later Act to a transferred contributor, such a contributor’s entry date is to be taken to be a notional date established by subtracting from the transfer date the number of days of service during which contributions to the Government Railways Superannuation Account were paid and in respect of which contributions were held on the day before the transfer date.
(3) For the purpose of applying the definition of final average salary in section 36 of the later Act to a transferred contributor, that definition is to be read as if the transferred contributor had become a new contributor to the SAS Fund on the transfer date.
(4) For the purpose of applying the definition of prospective benefit points in section 36 of the later Act to a transferred contributor, that definition is to be read as if the transferred contributor had become a new contributor to the SAS Fund on the transfer date.
8
Transfer points to be credited to a transferred contributor
8 Transfer points to be credited to a transferred contributor
8 Transfer points to be credited to a transferred contributor
(1) A transferred contributor is, in respect of his or her accrued benefit in the Government Railways Superannuation Account, entitled to the number of transfer points calculated in accordance with the following formula—
where—
TP represents the number of points to be calculated.
K represents the amount of $1,600 adjusted in accordance with the rate applicable on the day immediately preceding the transfer date as provided by subclause (6).
S represents the number of complete years of service of the transferred contributor or, if the transferred contributor has more than 40 years’ service, represents 40 years’ service.
EC represents the contributions of the transferred contributor.
W represents the salary of the transferred contributor.
(2) Transfer points are to be rounded up to four decimal places.
(3) The transfer points calculated under subclause (1) are to be added to the contributed points figures which the transferred contributor accrues during his or her membership of the State Authorities Superannuation Scheme to form the accrued benefit points held at the exit date.
(4) Accrued benefit points may, subject to section 36 of the later Act (definitions), be accumulated over the entire period of service, including the period of service preceding the transfer date which is to consist of and to be counted as applicable contribution periods.
(5) For the purpose of subclause (4), the person who was the employer of the transferred contributor at the transfer date must, as soon as practicable after that date, provide the SAS Board with particulars of that contributor’s service.
(6) If there is an adjustment percentage for a year as provided by Part 5, the amount represented by the symbol K (referred to in subclause (1)) is to be adjusted in accordance with that Part, on and from the adjustment date for that year, by that percentage.
(7) If there have been previous adjustments under subclause (6), or under section 123A (1) of the earlier Act, the amount of $1,600 referred to in the definition of the symbol K in subclause (1) is to be taken to be a reference to that amount as previously adjusted.
(8) The operation of subclause (6) does not have the effect of reducing the amount represented by K below $1,600.
cll 8: Am 15.3.1991.
Part 3
Termination of the government railways superannuation scheme
Part 3 Termination of the government railways superannuation scheme
Part 3 Termination of the government railways superannuation scheme
9
Transfer of assets etc of the old board
9 Transfer of assets etc of the old board
9 Transfer of assets etc of the old board
On 1 June 1990, the following provisions are to be taken to have had effect—
(a) all real and personal property (including any estate or interest in, or right to control or manage, real or personal property) that, immediately before that date, was vested in the old board became vested in the SAS Board,
(b) all money that, immediately before that date, was payable to the old board became payable to the SAS Board,
(c) any liquidated or unliquidated claim that, immediately before that date, was enforceable by or against the old board became enforceable by or against the SAS Board,
(d) any proceeding that was pending immediately before that date at the suit of or against the old board became a proceeding pending at the suit of or against the SAS Board,
(e) any contract or arrangement entered into with the old board and in force immediately before that date became a contract or arrangement entered into with the SAS Board,
(f) any security or charge given to or by the old board and in force immediately before that date became a security or charge given to or by the SAS Board,
(g) any act, matter or thing that was done or had been omitted to be done before that date by, to or in respect of the old board is (to the extent that that act, matter or thing has any effect) to be taken to have been done or omitted to have been done by, to or in respect of the SAS Board.
10
Government Railways Superannuation Account
10 Government Railways Superannuation Account
10 Government Railways Superannuation Account
(1) As soon as practicable after receiving the amount standing to the credit of the Government Railways Superannuation Account, the SAS Board must apportion the amount among the contributors’ accounts established under section 12 of the later Act in respect of transferred contributors and among such other of that Board’s accounts and reserves it considers to be appropriate.
(2) There is to be transferred to the credit of the SAS Fund from the State Rail Authority Fund such money as may be required to meet claims by or in respect of transferred contributors and transferred pensioners.
(3) Money standing to the credit of the accounts and reserves referred to in subclause (1) is to be applied in paying pensions and other amounts which are payable to or in respect of transferred contributors and transferred pensioners in accordance with the later Act and this Regulation.
(4) Money referred to in subclause (3) includes interest up to and including the day immediately before the transfer date at such rate or rates as the old board and the Treasurer determine.
11
Annual reports etc
11 Annual reports etc
11 Annual reports etc
(1) If the old board had not, before 1 June 1990, complied with a provision of the Annual Reports (Statutory Bodies) Act 1984 requiring the preparation and submission of an annual report or a statement of accounts relating to a period which had expired before that day, the SAS Board must comply with the provision.
(2) The first annual report and statement of accounts of the SAS Board after 1 June 1990 must contain such further matters in respect of the old board (other than matters dealt with by subclause (1)) as would have been required to be included in an annual report or statement of accounts of the old board if this Regulation had not been made.
12
Appeals
12 Appeals
12 Appeals
An appeal pending before the Industrial Commission of New South Wales immediately before 1 June 1990 under a provision of the Government Railways (Superannuation) Act 1912 is to be treated as if it were an appeal made under section 27 of the Superannuation Administration Act 1987.
13
Delegations
13 Delegations
13 Delegations
A delegation effected by the old board and in force immediately before 1 June 1990 is to be taken to have been effected under the Superannuation Administration Act 1987 by the SAS Board.
Part 4
Benefits payable in respect of transferred pensioners and transferred contributors
Part 4 Benefits payable in respect of transferred pensioners and transferred contributors
Part 4 Benefits payable in respect of transferred pensioners and transferred contributors
14
Retirement benefit
14 Retirement benefit
14 Retirement benefit
(1) A male transferred contributor who retires on or after reaching 60 years of age, or a female transferred contributor who retires on or after reaching 58 years of age, is entitled to elect to receive either—
(a) a retirement benefit in the form of—
(i) a pension calculated in accordance with the formula set out in subclause (4), and
(ii) a lump sum consisting of a contributor-financed benefit comprising the amount in the transferred contributor’s account and an employer-financed benefit calculated in accordance with the formula set out in subclause (5), or
(b) a retirement benefit in the form of a lump sum calculated in accordance with section 37 (2) of the later Act.
(2) A male transferred contributor who retires before reaching 60 years of age, on grounds other than physical or mental incapacity, does not have the option of electing to receive a pension under this clause and is entitled only to a lump sum calculated in accordance with section 37 (2) of the later Act.
(3) A female transferred contributor who retires on or after reaching 55 years of age is entitled to receive a retirement benefit in the form of—
(a) a pension calculated in accordance with the formula set out in subclause (4), and
(b) a lump sum consisting of a contributor-financed benefit comprising the amount in the transferred contributor’s account and an employer-financed benefit calculated in accordance with the formula set out in subclause (5).
(4) The formula referred to in subclause (1) (a) (i) and subclause (3) (a) is as follows—
where—
P represents the pension to be calculated, and
K represents the amount of $1,600 adjusted as provided by subclause (7), and
S represents the number of complete years of service of the transferred contributor not exceeding 40, and
C represents the number of days of continuous contributory service that the transferred contributor has had with one or more employers during the period beginning with the transfer date and ending with that contributor’s exit date, and
D represents the number of days of continuous contributory service that the transferred contributor has had with one or more employers during the period beginning with that contributor’s entry date as determined in accordance with clause 7 (2) and ending with his or her exit date.
(5) The formula referred to in subclause (1) (a) (ii) and subclause (3) (b) is as follows—
where—
E represents the amount to be calculated, and
F represents the final average salary of the transferred contributor, and
A represents the accrued benefit points for the transferred contributor at the transferred contributor’s exit date, and
TP represents the transferred contributor’s transfer points as referred to in clause 8 (1).
(6) A transferred pensioner who, immediately before the transfer date, was entitled to receive a superannuation allowance or prescribed pension under the earlier Act is entitled to receive a pension of a similar amount under this Regulation, but subject to any adjustments that may be made under Part 5.
(7) If there is an adjustment percentage for a year as provided by Part 5, the amount represented by the symbol K in subclause (4) is to be adjusted in accordance with that Part, on and from the adjustment date for that year, by that percentage.
(8) If there have been previous adjustments under subclause (7), or under section 123A (1) of the earlier Act, the amount of $1,600 referred to in the definition of the symbol K in subclause (4) is taken to be a reference to that amount as previously adjusted.
cll 14: Am 15.3.1991.
15
Invalidity benefits
15 Invalidity benefits
15 Invalidity benefits
(1) If—
(a) a transferred contributor who is under 58 years of age retires on the grounds of permanent physical or mental incapacity, and
(b) an approval under section 22 of the later Act (approval of application) is in force in respect of that contributor,
that contributor is eligible for a benefit payable under section 39 of the later Act (benefit on total and permanent invalidity before early retirement age) and to no other benefit.
(2) If a transferred contributor who is under 58 years of age retires on the grounds of permanent physical or mental incapacity and becomes eligible for—
(a) a benefit payable under section 40 of the later Act (benefit on partial and permanent invalidity before early retirement age), or
(b) a benefit payable under section 39 of that Act (but where no approval under section 22 of that Act is in force),
that person is entitled to receive—
(c) that benefit, or
(d) a pension and a lump sum in accordance with clause 14 (1) (a), but if the contributor elects to take the pension and lump sum referred to in paragraph (d), the symbol “F” in clause 14 (5) represents the person’s final salary.
(3) If a transferred contributor who has reached 58 years of age retires on the grounds of permanent physical or mental incapacity, the contributor is entitled to receive a pension and lump sum benefit in accordance with clause 14 (1) (a) or a lump sum benefit in accordance with clause 14 (1) (b).
16
Medical examination of officers receiving an invalidity benefit in the form of a pension
16 Medical examination of officers receiving an invalidity benefit in the form of a pension
16 Medical examination of officers receiving an invalidity benefit in the form of a pension
(1) If a transferred pensioner, or a former transferred contributor, who has retired from employment with an employer on account of permanent physical or mental incapacity is receiving an invalidity benefit in the form of a pension, the pensioner or former contributor is required to submit to a medical examination as and when specified by the SAS Board.
(2) If the pensioner or former contributor fails to comply with that requirement within the period allowed by the SAS Board, the pension ceases to be payable until the requirement is complied with.
(3) If at any time the SAS Board believes that the health of the pensioner or former contributor has improved to such an extent as to enable the pensioner or former contributor to resume his or her duties as an employee, the employer from whose service the pensioner or former contributor was retired may, at the request or on the advice of the SAS Board, require the pensioner or former contributor—
(a) to resume those duties, or
(b) to undertake other duties at a salary not less than the salary currently payable to employees with the same classification and the same length of service as the pensioner or former contributor had when he or she was retired.
(4) On the making of such a requirement, any pension payable to the pensioner or former contributor ceases to be payable.
(5) If the pensioner or former contributor, having resumed or undertaken duties in accordance with a requirement under subclause (2), suffers a recurrence of his or her physical or mental incapacity, the pensioner or former contributor is again entitled to receive his or her pension, together with any increase in that pension to which he or she would be entitled as a result of additional service.
17
Entitlement to a spouse pension on death of transferred pensioner or transferred contributor
17 Entitlement to a spouse pension on death of transferred pensioner or transferred contributor
17 Entitlement to a spouse pension on death of transferred pensioner or transferred contributor
(1) If a transferred pensioner who was receiving a superannuation allowance under the earlier Act immediately before the transfer date dies on or after the transfer date and is survived by a person—
(a) to whom the pensioner was married, or
(b) who was the de facto partner of the pensioner,
at the time when the superannuation allowance first became payable, then, subject to subclause (5), that person is entitled to receive a spouse pension in accordance with subclause (4).
(1A) If a transferred pensioner who was receiving a superannuation allowance under the earlier Act immediately before the transfer date dies on or after the transfer date and is survived by an eligible person—
(a) to whom the pensioner was married, or
(b) who was the de facto partner of the pensioner,
for 3 years or more immediately before the death, then, subject to subclause (5), that person is entitled to receive a spouse pension in accordance with subclause (4).
(1B) If a transferred pensioner who was receiving a superannuation allowance under the earlier Act immediately before the transfer date dies on or after the transfer date and is survived by an eligible person—
(a) to whom the pensioner was married, or
(b) who was the de facto partner of the pensioner,
for less than 3 years immediately before the death, then, subject to subclause (5), that person is entitled to receive a spouse pension in accordance with subclause (4), but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years.
(2) If a transferred contributor dies before becoming entitled to receive a benefit under this Regulation and is survived by a spouse or de facto partner, the spouse or de facto partner may, subject to subclause (5), elect to receive one of the following benefits—
(a) a benefit consisting of—
(i) a spouse pension in accordance with subclause (4), and
(ii) a lump sum calculated in accordance with clause 14 (5), or
(b) if the contributor had reached 58 years of age when he or she died—a benefit payable in accordance with section 37 of the later Act (benefit at or after early retirement or on death at or after early retirement age), or
(c) if the contributor had not reached 58 years of age when he or she died—a benefit payable in accordance with section 38 of the later Act (benefit on death before early retirement age).
(3) If a transferred contributor who is receiving a pension under this Regulation dies on or after the transfer date and is survived by a person—
(a) to whom the contributor was married, or
(b) who was the de facto partner of the contributor,
at the time when the pension first became payable, then, subject to subclause (5), that person is entitled to receive a spouse pension in accordance with subclause (4).
(3A) If a transferred contributor who is receiving a pension under this Regulation dies on or after the transfer date and is survived by an eligible person—
(a) to whom the contributor was married, or
(b) who was the de facto partner of the contributor,
for 3 years or more immediately before the death, then, subject to subclause (5), that person is entitled to receive a spouse pension in accordance with subclause (4).
(3B) If a transferred contributor who is receiving a pension under this Regulation dies on or after the transfer date and is survived by an eligible person—
(a) to whom the contributor was married, or
(b) who was the de facto partner of the contributor,
for less than 3 years immediately before the death, then, subject to subclause (5), that person is entitled to receive a spouse pension in accordance with subclause (4), but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years.
(4) The amount of a spouse pension referred to in subclauses (1)–(3B) is—
(a) if the spouse or de facto partner has not reached 70 years of age, the lesser of—
(i) the maximum total amount that, if received by the spouse or de facto partner, would not, by virtue of clause 17 (5) (a), operate to disqualify him or her as a spouse or de facto partner to whom a spouse pension may be paid, or
(ii) the amount of pension payable at the maximum rate per year shown in column 2 of Schedule 2 opposite the period of service shown in column 1 of that Schedule which is appropriate to the deceased transferred pensioner or deceased transferred contributor concerned, and
(b) if the spouse or de facto partner has reached 70 years of age, the amount of pension payable at the maximum rate per year shown in column 2 of Schedule 2 opposite the period of service shown in column 1 of that Schedule which is appropriate to the deceased transferred pensioner or deceased transferred contributor concerned.
(5) If—
(a) the spouse or de facto partner of a deceased transferred pensioner or deceased transferred contributor is under 70 years of age and is not entitled to receive, or at any time after the transfer date ceases to be entitled to receive, a full Commonwealth pension without any reduction on account of property or income, or both, in accordance with the law of the Commonwealth under which that pension is paid, or
(b) the spouse or de facto partner of a deceased transferred pensioner or deceased transferred contributor has reached 70 years of age and is not entitled to receive a full or part Commonwealth pension,
that spouse or de facto partner is, with effect from and including the transfer date or, as the case may be, the date on which the entitlement ceased, disqualified from being entitled to receive a spouse pension under this clause.
(6) The SAS Board may vary the amount of a spouse pension payable to a spouse or de facto partner (including any amount payable under Part 5) if, having regard to any relevant income or property or both of the spouse or de facto partner and to the provisions of subclause (4) (a), the SAS Board believes it is necessary to make a variation to ensure that the spouse or de facto partner continues to be entitled to receive such a pension.
(7) If a transferred contributor receives a benefit consisting wholly of a lump sum in respect of his or her period of service before the transfer date, no spouse pension is payable to the contributor’s spouse or de facto partner under this clause.
(8) If a contributor under the earlier Act—
(a) has died before the transfer date, and
(b) is survived by a spouse who remarries on or after the transfer date,
the spouse is not, on the grounds of remarriage alone, precluded from being entitled to receive a spouse pension under this clause.
(9) The spouse of a former contributor to the Government Railways Superannuation Account who has ceased to be entitled to receive a prescribed pension under the earlier Act by virtue of having remarried is disqualified from being entitled to receive a spouse pension under this Regulation while the marriage continues to subsist.
(10) If a contributor under the earlier Act—
(a) has died before the transfer date, and
(b) is survived by a person with whom that contributor was living in a bona fide domestic relationship as that person’s spouse,
that person is not entitled to receive a spouse pension under this clause.
(11) The spouse or de facto partner of a deceased contributor under the earlier Act is not entitled to receive more than one spouse pension under this Regulation.
(12) In any case where, but for subclause (11), the spouse or de facto partner of a deceased contributor under the earlier Act would be entitled to receive two or more pensions under this Regulation, the spouse or de facto partner is, subject to this clause, entitled to receive payment of the spouse pension nominated by the SAS Board which, as calculated by reference only to subclause (4), is the higher or highest of those pensions.
(13) For the purposes of subclauses (1A), (1B), (3A) and (3B), a person is an eligible person if—
(a) the person became the spouse or de facto partner of the transferred pensioner or contributor after the transferred pensioner or contributor became entitled to a superannuation allowance or pension, and
(b) the person has or had in his or her marriage or relationship with the transferred pensioner or contributor a child, being—
(i) a child of the eligible person and the transferred pensioner or contributor who was, in the opinion of the SAS Board, wholly or substantially dependent on the transferred pensioner or contributor at any time during the marriage or relationship, or
(ii) a child of the transferred pensioner or contributor who was conceived before and born alive after the death of the transferred pensioner or contributor.
cll 17–20: Am 28.3.2003.
18
Election by transferred contributor to take a pension benefit
18 Election by transferred contributor to take a pension benefit
18 Election by transferred contributor to take a pension benefit
An application by a transferred contributor or the spouse or de facto partner of a transferred pensioner or transferred contributor for, or an election by transferred contributor or the spouse or de facto partner of such a contributor to take, a benefit under this Regulation must—
(a) be in a form approved by the SAS Board, and
(b) be signed by that transferred contributor or spouse or de facto partner (as the case requires), and
(c) specify such matters and be accompanied by such information as the SAS Board may require, and
(d) be lodged at the office of the SAS Board within the period of 3 months (or within such extended period as that Board may in special circumstances allow) that immediately follows the contributor’s exit date.
cll 17–20: Am 28.3.2003.
19
Payment of a pension benefit
19 Payment of a pension benefit
19 Payment of a pension benefit
(1) The pension benefit payable to a transferred pensioner under this Regulation is to be calculated with effect from and including the transfer date and is payable in equal fortnightly instalments at the rate of 14/365 of the annual pension.
(2) If a transferred contributor has elected to take a retirement benefit in the form of a pension under this Regulation, that benefit is to be calculated with effect from that contributor’s exit date and is payable in equal fortnightly instalments at the rate of 14/365 of the annual pension.
(3) If the spouse or de facto partner of a deceased transferred pensioner or deceased transferred contributor has elected to take a pension benefit under this Regulation, that benefit is to be calculated with effect from the date of death of that pensioner or contributor and is payable in equal fortnightly instalments at the rate of 14/365 of the annual pension.
cll 17–20: Am 28.3.2003.
20
Resumption of payment of a spouse pension after suspension
20 Resumption of payment of a spouse pension after suspension
20 Resumption of payment of a spouse pension after suspension
(1) If the spouse or de facto partner of a deceased contributor under the earlier Act ceases to be disqualified from being entitled to receive a spouse pension under this Regulation, the spouse or de facto partner may apply in writing to the SAS Board for the resumption of payment of the pension and that Board may, subject to this clause, cause payment of the pension to be resumed—
(a) with effect from the date (as determined by that Board), when the disqualification ceased, but
(b) if the date so determined would be more than 6 months before the date on which the application for resumption of payment of the pension was received by the SAS Board—with effect from the date of receipt of the application or such earlier date (not being earlier than the date on which the disqualification ceased) as the SAS Board may determine.
(2) The first instalment of a spouse pension of which payment is resumed under subclause (1) is to be paid on a date to be determined by the SAS Board.
(3) If a spouse or de facto partner applies to the SAS Board for resumption of payment of a spouse pension under this Regulation, that Board may require the spouse or de facto partner to provide that Board with such information as it considers necessary to enable it to decide whether or not the spouse or de facto partner is entitled to resumption of payment of the spouse pension.
(4) The SAS Board may refuse such an application if information required by it under subclause (3) is not provided.
cll 17–20: Am 28.3.2003.
Part 5
Periodic adjustment of pensions
Part 5 Periodic adjustment of pensions
Part 5 Periodic adjustment of pensions
21
Definitions
21 Definitions
21 Definitions
(1) In this Part—
adjustment date, in relation to a year, means the first day of the pension pay period that ends on the first pension pay day in the October that next follows that year.
adjustment percentage in relation to a year, means, subject to clause 22 (calculation of adjustment percentage), the percentage for that year calculated in accordance with that clause.
Index number, in relation to a June quarter, means the number for that June quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Commonwealth Statistician.
June quarter, in relation to a year, means the period commencing on and including 1 April in that year.
suspended pension, in relation to an adjustment date, means a spouse pension that is not payable under this Regulation at that adjustment date only because of the operation of a provision of clause 17.
year means the period of 12 months beginning on 1 July.
(2) If a pension is to be adjusted under this Part by reference to the adjustment percentage for a year, a reference (however expressed) in this Part to adjusting the pension is a reference—
(a) if the adjustment percentage is calculated in accordance with the formula specified in clause 22 (1) (a)—to increasing the pension, or
(b) if the adjustment percentage is calculated in accordance with the formula specified in clause 22 (1) (b)—to reducing the pension.
22
Calculation of adjustment percentage
22 Calculation of adjustment percentage
22 Calculation of adjustment percentage
(1) For the purposes or the definition of adjustment percentage in clause 21 (1), the percentage for a year is to be calculated—
(a) if the Index number for the June quarter in that year is greater than the Index number for the immediately preceding June quarter—in accordance with the following formula—
(b) if the Index number for the June quarter in that year is less than the Index number for the immediately preceding June quarter—in accordance with the following formula—
where, in the case of either formula—
P represents the percentage to be ascertained, and
C represents the Index number for the June quarter in that year, and
L represents the Index number for the immediately preceding June quarter.
(2) If—
(a) the percentage calculated for a year in accordance with subclause (1) (b) is less than 1.1%, or
(b) the Index number for the June quarter in that year is the same as the Index number for the immediately preceding June quarter,
there is taken to be no adjustment percentage for that year.
(3) If there is taken to be no adjustment percentage for a year, then, for the purposes of calculating the percentage for the next year—
(a) the Index number for the June quarter in the first-mentioned year is to be taken to have not been published, and
(b) the Index number for that quarter is to be taken to be the same as the Index number for the June quarter in the last year for which there was an adjustment percentage.
(4) If at any time, whether before, on or after 1 June 1990, the Commonwealth Statistician has published in respect of a particular June quarter an Index number in substitution for an Index number previously published in respect of that quarter, then, for the purposes of this Part—
(a) except as provided by paragraph (b)—the publication of the later Index number is to be disregarded, or
(b) if the Minister so directs—regard is, after the direction is given, to be had only to the later and not to the earlier Index number.
(5) Despite subclause (4), if at any time on or after 1 June 1990, the Commonwealth Statistician changes the reference base for the Consumer Price Index (All Groups Index) for Sydney, then, for the purposes of the application of this Part after the change takes place, regard is to be had only to Index numbers published in terms of the new reference base.
(1) Subject to this Part, if there is an adjustment percentage for a year, the amount of the pension payable on the adjustment date for that year is adjusted by virtue of this clause by that percentage on and from that adjustment date.
(2) A reference in subclause (1) to the amount of a pension payable to a person includes a reference to the pension that would have been payable to that person but for a determination by the SAS Board under clause 25 (1).
24
Application of clause 23 to suspended pensions
24 Application of clause 23 to suspended pensions
24 Application of clause 23 to suspended pensions
(1) Clause 23 applies to and in respect of a suspended pension in the same way as it applies to and in respect of a pension payable to a spouse under this Regulation, and so applies as if clause 17 (5) and (9) had not been made.
(2) Subclause (1) does not have the effect of authorising or requiring the payment at any time of a suspended pension or any part of such a pension.
25
Restriction on automatic adjustment of pension
25 Restriction on automatic adjustment of pension
25 Restriction on automatic adjustment of pension
(1) If the SAS Board considers that an increase in accordance with this Part in a pension payable to a person under this Regulation would prejudicially affect that person as regards to some advantageous situation in which, but for being so affected, that person would be placed, that Board may make a determination—
(a) not to pay the amount of the increase, or
(b) to pay a specified increase of a lesser amount.
(2) A determination under this clause is subject to clause 26 but otherwise has effect according to its tenor, and once the determination has had effect a person is not entitled to be paid or to recover any amount that would have been payable but for the determination.
(3) A determination made under this clause must be disregarded in calculating a pension payable to the spouse of a deceased pensioner to whom the determination relates but such a determination may be made in relation to the pension so calculated.
26
Minimum amount to which pension may be reduced
26 Minimum amount to which pension may be reduced
26 Minimum amount to which pension may be reduced
Irrespective of anything in this Part—
(a) a pension payable under this Regulation (other than a pension payable to a person by virtue of that person’s being the spouse of a contributor under the earlier Act) must not be reduced below the fortnightly amount that would have been payable but for this Part, and
(b) a pension so payable to a person by virtue of that person’s being the spouse of a contributor under the earlier Act must not be reduced below the fortnightly amount that would have been payable by reference to the superannuation allowance that would have been payable to that contributor but for this Regulation.
27
Calculation of percentages
27 Calculation of percentages
27 Calculation of percentages
If a percentage that is calculated under this Part is or includes a fraction of one-tenth of 1 per cent, then—
(a) if the fraction is less than one-half of one-tenth—the fraction is to be disregarded, and
(b) if the fraction is not less than one-half of one-tenth—the fraction is to be treated as one-tenth.
28
Adjustment of amounts specified in Schedule 2
28 Adjustment of amounts specified in Schedule 2
28 Adjustment of amounts specified in Schedule 2
(1) If there is an adjustment percentage for a year, the amounts shown in column 2 of Schedule 2 are taken to be adjusted, on and from the adjustment date for that year, by that percentage.
(2) The amounts referred to in subclause (1) are not to be reduced, by the operation of that subclause, below the amounts respectively set out in column 3 of that Schedule.
(3) If the amounts referred to in subclause (1) are taken to be adjusted by the operation of that subclause, the amounts as so adjusted are, for the purposes of this Part, to be taken to be shown in column 2 of that Schedule instead of those previously shown or taken to be shown.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
29
Guarantee
29 Guarantee
29 Guarantee
(1) Irrespective of any other provision of this Regulation, if—
(a) a benefit under the later Act becomes payable to a transferred pensioner or transferred contributor or to the spouse or de facto partner of such a pensioner or contributor, and
(b) the SAS Board is satisfied that that pensioner, contributor or spouse or de facto partner was disadvantaged by the operation of the provisions of this Regulation,
that Board is to pay such additional amount as it considers to be necessary to remove that disadvantage.
(2) Whenever the SAS Board pays a benefit in accordance with subclause (1), it must debit to the appropriate account or reserve established in the SAS Fund the difference between the amount of the benefit so paid and the amount that, but for subclause (1), would have been paid under the later Act.
cl 29: Am 28.3.2003.
Schedule 1
List of transferred contributors whose 65th birthdays fall within the 2 months beginning on 1 April 1990
Schedule 1 List of transferred contributors whose 65th birthdays fall within the 2 months beginning on 1 April 1990
Schedule 1 List of transferred contributors whose 65th birthdays fall within the 2 months beginning on 1 April 1990
(Clauses 2 (2), 3)
Albert L. Grigg
Francis L. Fletcher
Donald Lidster
Beatrice Parker
Schedule 2
Table for calculating annual spouse’s pension
Schedule 2 Table for calculating annual spouse’s pension
Schedule 2 Table for calculating annual spouse’s pension
(Clauses 17, 28)
| Column 1 | Column 2 | Column 3 |
| Period of service | Maximum rate of pension per year | Level below which pension cannot be reduced |
| | $ | $ |
| 10 years or more but less than 21 years | 683.80 | 205.17 |
| 21 years or more but less than 22 years | 703.32 | 211.04 |
| 22 years or more but less than 23 years | 722.90 | 216.90 |
| 23 years or more but less than 24 years | 742.42 | 222.77 |
| 24 years or more but less than 25 years | 761.97 | 228.63 |
| 25 years or more but less than 26 years | 781.49 | 234.51 |
| 26 years or more but less than 27 years | 801.04 | 240.37 |
| 27 years or more but less than 28 years | 820.59 | 246.23 |
| 28 years or more but less than 29 years | 840.11 | 252.10 |
| 29 years or more but less than 30 years | 859.66 | 257.96 |
| 30 years or more | 879.17 | 263.84 |
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation may be cited as the State Authorities Superannuation (Government Railways Superannuation Scheme Transfer) (Savings and Transitional) Regulation 1990.
cl 1: Am 25.8.1995; 2010 No 19, Sch 3.102.
2 Commencement
2 Commencement
2 Commencement
(1) This Regulation is to be taken to have commenced on 1 June 1990, except as provided by this clause.
(2) In respect of—
(a) the contributors named in Schedule 1, and
(b) any contributor who has died during the period of 2 months beginning on 1 April 1990,
the provisions of this Regulation are to be taken to have commenced on the day before the contributor’s exit date.
(b) an age or invalid pension payable under Part IV of the Social Security Act 1947 of the Commonwealth, or
(c) a class “B” widow’s pension payable under Schedule 1B to the Social Security Act 1947 of the Commonwealth.
contributor under the earlier Act means a person who was, immediately before the transfer date, a contributor to the Government Railways Superannuation Account.
old board means the board constituted under section 110 of the Government Railways (Superannuation) Act 1912.
pension includes a spouse pension.
salary for the purpose of determining the transfer points of a transferred contributor means the salary reported to the SAS Board for that purpose by the contributor’s employer.
SAS Board means the SAS Trustee Corporation established under the .
Transfers property, money, claims, contracts, proceedings, securities and delegations from the old board to the SAS Board as of 1 June 1990 (clause 9; clause 13).
Directs the SAS Board to apportion amounts standing to the credit of the Government Railways Superannuation Account among transferred contributors’ accounts and other appropriate SAS accounts/reserves and to obtain funds from the State Rail Authority Fund where required to meet claims (clause 10).
Sets out retirement, invalidity and spouse pension benefits available to transferred contributors and transferred pensioners, prescribing the relevant formulas and entitlements and the treatment of spouse and de facto partners, including eligibility windows and reductions related to Commonwealth pensions (clauses 14-17).
Imposes administrative requirements on elections and applications, including approved forms, signatures, required information and a three-month lodgement limit post-exit date (clause 18).
Specifies fortnightly payment mechanics (14/365 of annual pension) and other payment timing rules (clause 19), and the mechanism for suspension, resumption and adjustment of spouse pensions (clauses 20, 24).
Establishes a CPI-linked periodic adjustment regime for pensions (Part 5: clauses 21-28) using the Sydney All Groups CPI for the June quarter, including rules for when there is effectively no adjustment and how index substitutions or reference-base changes are handled (clause 22), rounding rules (clause 27) and floors for Schedule 2 amounts (clause 28).
Confers discretion on the SAS Board to reduce or withhold automatic CPI-type increases where the Board believes an increase would prejudicially affect a person by impacting an advantageous situation, subject to minimum floors (clauses 25-26).
Provides a residual guarantee: where the SAS Board is satisfied a transferred person or spouse was disadvantaged by operation of the Regulation, the Board shall pay such additional amount as necessary to remove the disadvantage and debit the relevant SAS account or reserve (clause 29).
The instrument is therefore predominantly transitional and savings in character: it maps the earlier scheme into the framework of the later Act, prescribes conversion formulae, transfers assets and legal rights, and sets administration and benefit rules under the SAS Board. The Regulation also creates ongoing governance choices for the SAS Board (apportionment, discretion on adjustments and spouse pension variations) and operational duties for employers (to provide particulars of service) and members (to lodge elections and attend medical examinations where required).
Main concepts
The Regulation operates by translating legacy entitlements and data from the Government Railways Superannuation Account into the constructs used by the State Authorities Superannuation Scheme. It does this through a small set of definitional and conversion concepts that are central to any analysis or implementation.
Transfer date and scope
Transfer date: generally 1 June 1990, with narrow alternative dates for specific contributors named in Schedule 1 or contributors who died in the two-month period beginning 1 April 1990 (clauses 2(1)-(2); clause 3 definition of transfer date; Schedule 1). The transfer date anchors when rights and duties move to the SAS Board.
Transferred contributor / pensioner
Transferred contributor: a person contributing to the Government Railways Superannuation Account immediately before the transfer date who is taken to have elected to contribute to the SAS Fund (clause 4(1)). The Regulation alters how later Act definitions apply to such contributors (clause 7).
Transferred pensioner: a person who was immediately before the transfer date entitled to a superannuation allowance or prescribed pension under the earlier Act and is brought within the later Act scheme (clause 5; clause 3 definitions).
Transferred accounts and apportionment
Contributor accounts required by s 12(1) of the later Act are to be treated as established in the SAS Fund with credit equal to the amount the transferred contributor had in the Government Railways Superannuation Account immediately before transfer (clause 6(1)-(2)).
The SAS Board must apportion amounts standing to the credit of the Government Railways Superannuation Account among contributor accounts and other SAS accounts and reserves as it considers appropriate (clause 10(1)). The Board may require transfers from the State Rail Authority Fund to meet claims (clause 10(2)).
Conversion metrics: transfer points and notional dates
Transfer points: a quantitative conversion of accrued benefit in the old account into the later Act’s points system using a specified formula expressed in clause 8(1). Symbols include K (a $1,600 base adjusted under Part 5), S (years of service, capped at 40), EC (contributions of the transferred contributor) and W (salary) (clause 8(1)). Transfer points are rounded to four decimal places (clause 8(2)) and added to contributed points accrued under the later Act (clause 8(3)-(4)).
Notional entry date and final average salary treatment: for later Act definitions, a transferred contributor’s entry date is taken to be a notional date obtained by subtracting days of qualifying service prior to transfer (clause 7(2)). For final average salary and prospective benefit points the transferred contributor is treated as if becoming a new contributor on the transfer date (clause 7(3)-(4)). These notional constructs affect accrual and benefit calculations under the later Act.
Benefit formulas
Retirement pensions and lump sums: retirement benefit options and precise pension and employer-financed lump sum formulas are set out in clause 14, including the use of the K amount (which is adjusted in accordance with Part 5) and use of accrued and transfer points (clause 14(4)-(5), (7)-(8)).
Invalidity and spouse benefits, and rules on election: invalidity benefits are governed by clause 15 and linked to provisions of the later Act (s 22 approval, ss 39-40 benefits). Spouse pensions are detailed in clause 17, with eligibility windows tied to whether the spouse or de facto partner was the partner at the time the pension first became payable or had been partner for three years prior to death, and pro rata reductions if less than three years (clause 17(1), (1A), (1B)). Spouse pensions are also limited where recipients receive Commonwealth pensions (clause 17(4)-(5)), and the SAS Board may vary spouse pension amounts to preserve Commonwealth pension eligibility (clause 17(6)).
Indexation and adjustment mechanics
Adjustment percentage and adjustment date: Part 5 defines how pensions are periodically adjusted, using the Consumer Price Index (All Groups Index) for Sydney for the June quarter, with adjustment dates and formulas set out in clauses 21-22. There is a floor rule that if a calculated negative change is less than 1.1% (or index equal), there is to be no adjustment for that year and a carry-forward rule for the next calculation (clause 22(2)-(3)). Adjustments are applied on adjustment dates (clause 23).
Discretion to limit automatic increases: the SAS Board may determine not to pay an increase or to pay a reduced specified increase where it considers the increase would prejudicially affect a person’s advantageous situation; such determinations are subject to minimums in clause 26 (clauses 25-26).
Administrative and enforcement concepts
Time-limited elections and required information: election applications must be in forms approved by the SAS Board, signed, include specified matters and be lodged within three months following exit date (clause 18). The Board may extend the period in special circumstances.
Medical examinations and cessation of pension for non-compliance: invalidity pension recipients must submit to examinations as specified; failure to comply suspends pension until compliance (clause 16).
Appeal continuity and delegations: appeals pending before the Industrial Commission at transfer are to be treated as appeals under s 27 of the later Act (clause 12); delegations by the old board continue as delegations by the SAS Board (clause 13).
These concepts together convert past entitlements into a new statutory framework and create ongoing governance obligations and discretions chiefly exercised by the SAS Board, while imposing data provision and election burdens on employers and members.
Who it affects
The Regulation affects a narrow and specifically defined population, a small set of employers and the SAS Board, and more generally the State as funder and administrator. The parties and entities directly affected are:
Transferred contributors: persons who were contributors to the Government Railways Superannuation Account immediately before the transfer date. Such persons are treated as having elected to contribute to the SAS Fund on the transfer date (clause 4(1)). They are affected in how their pre-transfer service, contributions and salary are translated into the SAS Fund’s account balances, accrued and transfer points, and benefit entitlements (clauses 6-8, 14-15).
Transferred pensioners: persons who immediately before the transfer date were entitled to a superannuation allowance or prescribed pension under the earlier Act; they are taken to be transferred to the State Authorities Superannuation Scheme and to be entitled to pensions from the SAS Board under this Regulation (clause 5, clause 14(6)).
Spouses and de facto partners: the Regulation prescribes spouse pension entitlements for surviving spouses or de facto partners of transferred pensioners or contributors, with eligibility depending on the relationship timing (e.g. partner at the time the pension first became payable, or partner for three years prior to death) and subject to reductions where the survivor receives a Commonwealth pension (clause 17(1)-(4), (1A)-(1B), (3A)-(3B), (5)-(6)).
Employers (notably State Rail and its successors): employers of transferred contributors have operational obligations. They must provide particulars of a transferred contributor’s service to the SAS Board as soon as practicable after the transfer date for the purposes of accumulated benefit points (clause 8(5)). Employers may also be the source of money transfers (State Rail Authority Fund) that the SAS Board may draw on under clause 10(2) to meet claims.
SAS Board (SAS Trustee Corporation): the Board assumes ownership of assets, liabilities and ongoing administration of transferred rights (clause 9). The Board must apportion Government Railways Fund balances among contributor accounts and reserves (clause 10(1)), establish contributor accounts with the credit balances inherited from the old account (clause 6), determine payments, apply CPI-linked adjustments (Part 5), exercise discretions under clauses 17(6), 20(4), 25 and 29, and include certain matters in its annual report relating to the old board (clause 11).
Old board (the board constituted under s 110 of the 1912 Act): practically, its property, claims and delegations were transferred to the SAS Board on 1 June 1990 (clause 9). The Regulation treats pre-existing delegations and appeals as continuing under the later Act framework (clauses 12-13).
State (through Treasurer and State Rail Authority Fund): the Regulation contemplates monetary transfers between State funds to ensure the SAS Fund can meet transferred liabilities (clause 10(2)), and provides that interest up to the day before the transfer date as determined by old board and Treasurer is included in money transferred (clause 10(3)-(4)).
Who bears the cost
The direct financial responsibility falls to the SAS Fund and, by extension, the State where the Board is required to transfer funds from the State Rail Authority Fund if amounts to meet claims are required (clause 10(2)). The Regulation does not create an explicit charge on employers beyond data-provision duties (clause 8(5)), but the State remains the economic actor obliged to ensure funds are available.
Who decides
The SAS Board makes a host of administrative and substantive decisions: apportionment (clause 10(1)), variations of spouse pensions (clause 17(6)), determinations on adjustment increases (clause 25), acceptance or refusal of resumption applications (clause 20(4)), and payment of guarantee amounts to remove disadvantages (clause 29). The Minister can direct which Index number to have regard to in cases of substitution (clause 22(4)(b)).
Indirect and contingent effects
Members' options are constrained by the mechanical deeming in clause 4. For example a contributor is deemed to have elected to join the SAS Fund and certain subsections of s 19 of the later Act are to be read as omitted for that deemed election (clause 4(2)), which limits procedural freedom compared to an ordinary voluntary election under the later Act.
Spouses with Commonwealth pensions may lose entitlement or face reductions under clause 17(5). The SAS Board has power to vary spouse pensions to maintain Commonwealth pension eligibility, a mechanism that shifts the interaction between State entitlement and federal means-tested benefits onto the SAS Board’s administrative decisions (clause 17(6)).
Individuals who do not lodge elections within the three-month window post-exit date risk losing particular options (clause 18), with only a Board discretion to extend in special circumstances.
The Regulation therefore affects a compact group of beneficiaries and administrators, creates duties for employers to provide historical data, and places substantial discretions on the SAS Board that determine final outcomes for individuals and the State’s fiscal exposure.
Key duties and rights
This section lists the principal statutory duties imposed and rights created by the Regulation, with clause references for implementation and compliance.
Key duties imposed on the SAS Board
Establish and credit transferred contributor accounts: The SAS Board must ensure contributor accounts required by s 12(1) of the later Act are taken to have been established on the transfer date and credited with the balance equal to the amount the transferred contributor had in the Government Railways Superannuation Account immediately before transfer (clause 6(1)-(2)).
Apportion Government Railways Account balances: As soon as practicable after receiving the amounts standing to the credit of the Government Railways Superannuation Account, the SAS Board must apportion those amounts among contributor accounts and other accounts and reserves it considers appropriate (clause 10(1)).
Arrange transfers from State Rail Authority Fund where required: Clause 10(2) directs transfers from the State Rail Authority Fund to the SAS Fund as may be required to meet claims by or in respect of transferred contributors and pensioners.
Administer pensions and payments: The SAS Board must pay pensions and other amounts in accordance with the later Act and this Regulation, including interest up to and including the day before the transfer date as determined (clause 10(3)-(4)).
Maintain reporting obligations: If the old board had outstanding report obligations under the Annual Reports (Statutory Bodies) Act 1984 for periods before 1 June 1990, the SAS Board must comply with those provisions (clause 11(1)) and include matters relating to the old board in its first annual report (clause 11(2)).
Exercise statutory discretions: The SAS Board may vary spouse pensions (clause 17(6)), refuse to resume suspended spouse payments if required information is not provided (clause 20(4)), and make determinations to reduce or withhold automatic adjustments where increases would prejudicially affect a person (clause 25). The Board must also pay guarantee amounts if it is satisfied a person was disadvantaged and then debit the appropriate account or reserve (clause 29(1)-(2)).
Duties on employers
Provide particulars of pre-transfer service: The employer who employed a transferred contributor at the transfer date must provide particulars of that contributor’s service to the SAS Board as soon as practicable after the transfer date, to support accumulation and calculation of accrued benefit points (clause 8(5)).
Report salary for transfer point calculations: “Salary for the purpose of determining the transfer points” is defined as the salary reported to the SAS Board for that purpose by the contributor’s employer (clause 3 definition of salary for determining transfer points). Employers therefore must ensure accurate salary reporting.
Duties on transferred contributors and spouses
Make elections using approved forms and within time limits: An application or election for benefits must be in a form approved by the SAS Board, signed, contain specified information and be lodged within three months after exit date, subject to Board discretion to allow extensions in special circumstances (clause 18(a)-(d)). Failure to lodge within the prescribed period may forfeit benefit choices.
Selection of contribution rate: A transferred contributor may elect to contribute at rates from 1 to 9 per cent of salary; absent an election the person is taken to have elected 1 per cent (clause 4(4)-(5)). This creates a simple affirmative duty on contributors to select a rate where they wish to contribute above the 1 per cent default.
Medical examination for invalidity pensions: Transferred pensioners or former contributors receiving invalidity pensions must submit to medical examinations as specified by the SAS Board; failure to comply suspends the pension until compliance (clause 16(1)-(2)). Employers can require resumption of duties if the Board believes the person’s health has improved (clause 16(3)-(4)).
Provide information for resumption: Spouses seeking resumption of a suspended pension must apply in writing and provide information as the Board requires; the Board may refuse resumption if required information is not provided (clause 20(1), (3)-(4)).
Rights created for transferred contributors and pensioners
Right to SAS Fund benefits: Transferred contributors and pensioners receive entitlement to benefits under the later Act and this Regulation, as converted and calculated under the Regulation (clauses 4-6, 14-17).
Retirement benefit options: Qualified contributors (by age and service) may elect retirement in the form of a pension plus lump sum or a lump sum under s 37(2) of the later Act; age thresholds differ by sex and the age-based availability of a pension is provided (clause 14(1)-(4)).
Invalidity and death benefits: The Regulation creates entitlements to invalidity benefits aligned with sections 39 and 40 of the later Act where the section 22 approval is in force, and to death and spouse benefits as set out in clause 15 and clause 17, with prescribed calculation methods and ceilings (clauses 15-17).
Adjustment rights: Pensions are subject to periodic adjustment under Part 5 using calculated adjustment percentages tied to the Sydney CPI for the June quarter, giving pensioners an entitlement to automatic adjustments subject to the Board’s limited discretion and minimum floors (clauses 21-28).
Guarantee right: Where the Board is satisfied that a person was disadvantaged by operation of the Regulation, the Board must pay whatever additional amount it considers necessary to remove that disadvantage (clause 29(1)). The Regulation thus creates a statutory backstop that the SAS Board must exercise where it finds disadvantage.
Administrative and procedural rights
Appeal continuity: Appeals pending before the Industrial Commission immediately before 1 June 1990 are to be treated as appeals under s 27 of the later Act (clause 12). This preserves procedural rights and transposes them into the new statutory appeal channel.
Collectively, the duties are mainly administrative and information-focused, with the SAS Board bearing primary operational responsibilities and significant discretion in apportionment, adjustment, and remedial payments. Contributors and spouses have time-limited procedural obligations to preserve or claim entitlement, and employers have record and reporting duties to support conversion and calculation.
Penalties and enforcement
The Regulation itself contains no express criminal sanctions or monetary penalties for non-compliance by employers, contributors or the SAS Board; enforcement therefore operates through administrative mechanisms, contract and statutory obligation rather than through new penal offences. The principal enforcement or compliance mechanisms and consequences embedded in the instrument are administrative suspension, refusal or withholding of payments, and deductive-bookkeeping obligations on the SAS Board.
Administrative enforcement mechanisms
Suspension for non-compliance with medical examinations: Clause 16 provides a direct administrative enforcement mechanism. If a transferred pensioner or former transferred contributor receiving an invalidity pension fails to submit to a medical examination as specified by the SAS Board within the period allowed, the pension ceases to be payable until the requirement is complied with (clause 16(1)-(2)). This produces an immediate financial consequence (suspension of pension) rather than a separate penalty.
Refusal or discretion to withhold resumption of spouse pensions: Under clause 20, the SAS Board may require information to determine entitlement to resumption of a suspended spouse pension and may refuse an application if required information is not provided (clause 20(3)-(4)). Again, the enforcement is to deny benefit rather than impose a monetary fine.
Restriction on automatic adjustments: The SAS Board can determine not to pay or to pay only a lesser automatic increase where the Board considers payment would prejudice an advantageous position the person holds (clause 25). A determination once effective prevents the person from recovering the withheld amount (clause 25(2)). That clause thereby authorises permanent reduction by administrative decision, with clause 26 imposing a statutory floor which cannot be breached.
Disqualification rules for spouse pensions: Clause 17(5) disqualifies a spouse or de facto partner from spouse pension entitlement where the survivor is not entitled to a full Commonwealth pension (under certain conditions) or has no Commonwealth pension at age 70. Non-entitlement to the federal pension therefore has an enforced effect through denial of the State spouse pension.
Record and accounting obligations
Debiting of accounts where guarantee payments made: If the SAS Board pays additional amounts under the guarantee in clause 29(1), it must debit the appropriate account or reserve established in the SAS Fund by the difference between the amount so paid and the amount that, but for clause 29(1), would have been payable under the later Act (clause 29(2)). This is an internal accounting enforcement mechanism, ensuring that remedial payments are accounted against SAS Fund reserves and contributor accounts.
Appeals and procedural enforcement
Tribunal/appeal continuation: Appeals pending before the Industrial Commission immediately before 1 June 1990 are to be treated as appeals under section 27 of the later Act (clause 12). This provision preserves pre-existing dispute-resolution pathways and offers an enforcement channel for disputes about decision-making under the earlier Act as transposed into the later Act framework.
Limitations on enforcement
No fresh criminal sanctions: The Regulation does not create fines, imprisonment or civil penalties for non-compliance by employers or members. Enforcement is operational and economic (withholding or suspension of pensions) rather than punitive, and relies upon the SAS Board’s exercise of statutory discretions and the appeal channels preserved by clause 12.
Discretionary decisions with finality: Determinations under clause 25 "have effect according to their tenor, and once the determination has had effect a person is not entitled to be paid or to recover any amount that would have been payable but for the determination" (clause 25(2)). This places material power in the Board to make final decisions that materially reduce entitlements, with the main constraint being the minimum floors in clause 26.
Practical enforcement risks
Administrative reliance: Because enforcement is largely administrative, compliance effectiveness depends on the SAS Board’s processes, recordkeeping and resourcing, and on employers providing historical data (clause 8(5)). If employers fail to provide accurate service particulars, there is no express penalty but calculation and entitlement outcomes may be affected.
Potential for appeal-driven litigation: The instrument preserves appeals (clause 12), which is the principal legal-enforcement avenue for aggrieved parties. The Regulation itself does not catalogue litigation outcomes.
In summary, the Regulation enforces rights and duties primarily through administrative decision-making and payment suspension/denial rather than by imposing new statutory penalties. The SAS Board is the key enforcer and decision-maker, subject to the later Act’s appeal mechanisms.
How it interacts with other laws
The Regulation is explicitly transitional: it maps rights and obligations from the Government Railways (Superannuation) Act 1912 (the earlier Act) into the State Authorities Superannuation Act 1987 (the later Act) framework, and cross-references Commonwealth statute indexes and the Annual Reports (Statutory Bodies) Act 1984. The instrument therefore sits as a connecting text that prescribes how the later Act applies to legacy participants and how previous legal processes continue under the later Act.
Primary statutory interactions
Later Act (State Authorities Superannuation Act 1987): The Regulation repeatedly instructs that provisions of the later Act apply to transferred contributors and pensioners with specified readings, omissions and notional definitions. For example, it deems transferred contributors to have elected under s 19(1) of the later Act to contribute to the SAS Fund (clause 4(1)), while requiring that s 19 be read as if certain subsections were omitted (clause 4(2)). Clause 7 prescribes how definitions in section 36 of the later Act (accured benefit points, final average salary, prospective benefit points) are to be read in the context of transferred contributors. Scheme benefits are payable under the later Act and this Regulation (clause 10(3)). The Regulation therefore modifies the application of the later Act to a defined cohort.
Earlier Act (Government Railways (Superannuation) Act 1912): The earlier Act is the source of the pre-transfer entitlements and data. The Regulation transfers the old board’s property, contracts, proceedings and delegations to the SAS Board (clause 9), treats pending appeals as if made under s 27 of the later Act (clause 12), and requires the SAS Board to include old-board matters in its annual reporting (clause 11). The Regulation also preserves contributions and certain adjusted monetary references that may have been previously adjusted under section 123A(1) of the earlier Act (clauses 8(7), 14(8)).
Commonwealth legislation and indexation: Part 5 uses the Consumer Price Index (All Groups Index) for Sydney published by the Commonwealth Statistician as the basis for adjustment percentages (clause 21 definition; clause 22). Clause 22(4)-(5) provide for how the Regulation treats substituted index numbers or changes of CPI reference base by the Commonwealth Statistician, and clause 17(5) links State spouse pension entitlement to the survivor’s entitlement to Commonwealth pensions governed by Commonwealth law (i.e. service pension under Veterans’ Entitlements Act 1986 and age/invalid or class B widow’s pension under Social Security Act 1947 are defined in clause 3).
Annual Reports (Statutory Bodies) Act 1984: Clause 11 imposes a duty on the SAS Board to comply with any outstanding old-board annual report obligations under that Act for reporting periods ending before 1 June 1990, and to include further old-board matters in its first annual report thereafter.
Cross-jurisdictional and means-tested interactions
Interaction with Commonwealth means-tested pensions: Clause 17(5) conditions State spouse pension entitlement on whether the spouse receives a full Commonwealth pension without reduction. The Board can vary spouse pension amounts to preserve Commonwealth pension entitlement (clause 17(6)). This explicitly embeds interaction between State superannuation entitlements and Commonwealth benefit means-testing.
Index number substitution and Ministerial direction: Clause 22(4)(a) disallows the automatic use of substituted index numbers unless the Minister directs otherwise (clause 22(4)(b)), which creates a potential executive supervision mechanism affecting the calculation of State pension adjustments where the Commonwealth Statistician later publishes different index numbers.
Procedural and dispute-resolution continuity
Appeals are migrated: Any appeal pending before the Industrial Commission of New South Wales immediately before 1 June 1990 under a provision of the earlier Act is treated as an appeal under s 27 of the later Act (clause 12). This preserves access to adjudication and integrates pre-existing disputes into the later Act’s appeal framework.
Accounting transfers and State funding
Transfers from State Rail Authority Fund to SAS Fund: Clause 10(2) contemplates that the SAS Fund receive money from the State Rail Authority Fund as required to meet claims, directly connecting the State Rail statutory fund to the SAS Fund’s liability coverage.
Limits of interaction
The Regulation does not attempt to amend or reproduce the substantive content of the later Act beyond telling how certain sections are to be read for transferred contributors and pensioners. It does not create new rights under Commonwealth law nor amend the earlier Act; rather, it memorialises a statutory handover.
Overall, the Regulation is drafted to integrate legacy entitlements into the later Act scheme, to preserve procedural rights (appeals), to preserve interaction with Commonwealth pensions and CPI statistics, and to allocate accounting responsibility for liabilities between State funds and the SAS Fund. The SAS Board sits at the intersection of these statutory interactions, applying later Act provisions as modified by the Regulation and accounting for prior adjustments and pre-transfer entitlements.
Amendment history
The Regulation as provided includes amendment annotations at multiple clauses. The in-text amendment notes indicate the instrument has been adjusted since its inception, with the source text specifying particular clauses and the amending instruments or years in some cases. The recorded amendments in the instrument text are:
Clause 1 (Name of Regulation): annotated "Am 25.8.1995; 2010 No 19, Sch 3.102." This indicates clause 1 was amended on 25 August 1995 and again by Schedule 3.102 of an instrument or Act numbered 2010 No 19. The precise content of those amendments is not reproduced in the provided text beyond the amendment note.
Clause 3 (Definitions): annotated "cl 3: Am 28.3.2003." This records an amendment to the definitions on 28 March 2003. The current clause 3 includes a number of definitions which are the operative text; the annotation suggests some definitions were changed on that date.
Clause 8 (Transfer points): annotated "cll 8: Am 15.3.1991." Clause 8 contains the transfer points formula and subsequent technical rules (rounding to four decimal places, adjustment of K by Part 5 percentages, the non-reduction floor for K below $1,600, etc.), reflecting a 15 March 1991 amendment.
Clause 14 (Retirement benefit): annotated "cll 14: Am 15.3.1991." Clause 14 sets out retirement pension and lump-sum options and references K and S; it too was amended on 15 March 1991, consistent with changes to transfer point calculations and the K amount.
Clauses 17-20 (spouse pension, election, payment, resumption of spouse pension): annotated "cll 17-20: Am 28.3.2003." These clauses were revised on 28 March 2003; the current text contains detailed spouse eligibility rules including three-year relationship rules, pro rata reduction where under three years, and procedural rules for election and lodged applications within 3 months (clause 18).
Clause 22 (Calculation of adjustment percentage): annotated "cl 22: Am 1.3.2002; 2020 No 21, Sch 1.7." Clause 22 therefore had amendments commencing 1 March 2002 and further amended by Schedule 1.7 of instrument "2020 No 21". Clause 22(6) specifically notes the substitution of subclause (2) by the 2002 Amendment and clarifies transitional calculation consequences.
Clause 29 (Guarantee): annotated "cl 29: Am 28.3.2003." Clause 29 creates the SAS Board guarantee power to remedy disadvantage and an accounting requirement to debit the difference to the appropriate account or reserve.
What these annotations show
The Regulation has been subject to targeted technical amendment post-enactment to refine calculations (clauses 8, 14), spouse and election mechanics (clauses 17-20), indexation/treatment of CPI data and thresholds (clause 22) and administrative guarantee/accounting provisions (clause 29). The amendment dates recorded in-text cluster around 1991, 2002, 2003 and 2010 and 2020 entries, indicating periodic legislative maintenance.
The clause-specific notes make clear which parts of the Regulation were considered operationally significant and required subsequent changes,indexation and conversion formulas in particular have been adjusted, reflecting long-term maintenance needs in pension frameworks.
Limits of the amendment record here
The provided text includes only in-text amendment notations; it does not reproduce the amending instruments themselves, nor the pre-amendment versions of the clauses. Where the text refers to a substituted subclause it is careful to preserve transitional calculation effects (e.g. clause 22(6)).
Any wider context for the amendments (policy reasons, explanatory memoranda, second-reading speeches) is not included in the supplied Regulation text, so this history records only the statutory breadcrumbs embedded in the instrument.
For legal work, the annotated amendment references are cues to obtain and review amending instruments,particularly the 1991 amendments affecting transfer points and retirement calculations, the 2002/2020 CPI-indexation changes, and the 2003 spouse/election/guarantee changes,because those amendments may materially alter entitlements, calculation bases, and administrative discretions.
Litigation history
The Regulation text supplied does not include case law or judicial interpretation. It records only procedural transpositions for pending appeals (clause 12). The specific litigation-related provision is:
Clause 12 (Appeals): Any appeal pending before the Industrial Commission of New South Wales immediately before 1 June 1990 under a provision of the Government Railways (Superannuation) Act 1912 is to be treated as if it were an appeal made under section 27 of the State Authorities Superannuation Act 1987. That preserves litigants’ access to review or appeal channels and integrates live disputes into the later Act’s review mechanism.
What the text does not supply
There are no named cases, reported decisions, or summaries of judicial treatment of the Regulation itself or its provisions in the supplied text. The instrument does not reference any court or tribunal decisions interpreting its provisions.
There is no statutory schedule of transitional litigation outcomes; clause 12 only prescribes the procedural vehicle for appeals.
Implications for research and practice
If a practitioner needs to advise on likely controversies or precedent, the next step is to search the case law databases and tribunal records for appeals under s 27 of the later Act and any litigation that references this Regulation or the transfer of Government Railways members, particularly decisions that interpret:
The calculation and rounding of transfer points (clause 8).
The treatment of K (the $1,600 base amount) and its adjustment under Part 5 (clauses 8 and 14).
The SAS Board’s use of discretion under clause 25 to limit automatic adjustments and clause 29 to pay guarantee amounts.
Spouse pension eligibility and reductions tied to Commonwealth entitlements (clause 17).
Because the Regulation preserves appeals and transfers pending matters into the later Act’s appeal regime (clause 12), any litigation arising around the transfer was redirected and would typically be found in decisions applying s 27 procedures of the later Act.
Practitioners must therefore treat the Regulation as a transitional text; any litigation history relevant to interpretation will be external and must be sourced from tribunal and court records rather than from within the Regulation itself.
Gotchas
This Regulation contains numerous technical detail points that create practical pitfalls for administrators, employers, contributors and surviving partners. Each “gotcha” below is grounded in specific clauses and highlights likely operational or legal traps.
Deemed election and omitted subsections (clause 4(1)-(2))
A contributor who was contributing to the old account immediately before the transfer date is deemed to have elected to contribute to the SAS Fund on that date (clause 4(1)). Clause 4(2) requires s 19 of the later Act to be read as if certain subsections ((2), (3), (4), (6) and (7)) were omitted in relation to that deemed election. The practical effect depends on the content of those omitted subsections in the later Act; contributors cannot rely on the full range of ordinary s 19 processes. Advisers must check the later Act’s s 19 text to determine which options or procedural safeguards were removed for the deemed election cohort.
Default low contribution rate if no election (clause 4(4)-(5))
Transferred contributors may elect contribution rates between 1% and 9% (clause 4(4)). If they make no election, they are deemed to have elected a 1% contribution rate (clause 4(5)). Failure to act therefore locks a member into the lowest possible rate, substantially affecting future account accumulation and entitlements.
Time-limited elections and limited extension discretion (clause 18)
Elections and applications must be lodged within three months following the contributor’s exit date, unless the SAS Board extends in “special circumstances” (clause 18(d)). The Board’s discretion is uncodified and potentially narrow; missing the three-month window risks losing choice of benefit form, and the Regulation gives no appeal right specifically for failure to extend, though general appeal mechanisms under the later Act may apply.
Data dependency and employer obligations (clause 8(5); clause 3 definition of salary for transfer points)
Transfer points and many calculations depend on accurate employer-reported service particulars and salary figures (clause 8(5); clause 3). If historical employer records are incomplete or incorrect, transferred contributors risk incorrect transfer points and thereby incorrect pensions or lump sums. There is no express penalty for employers who fail to provide particulars, but practical redress will be contestable under the appeal channel.
Technical rounding rules and caps (clause 8(2); clause 8(1) S capped at 40)
Transfer points are rounded up to four decimal places (clause 8(2)); years of service for some calculations are capped at 40 years (clauses 8(1), 14(4)). Rounding and caps can materially alter point totals and pension calculations for long-serving staff; model calculations must precisely follow the statutory rounding and caps.
K adjustment and floor (clauses 8(6)-(8); clause 14(7)-(8))
The transfer point formula and the retirement pension formula both use K, an amount initially $1,600 which is adjusted by the Part 5 adjustment percentage (clause 8(1) and clause 14(4)-(5)). However K cannot be reduced below $1,600 (clause 8(8); clause 14(8) mirrors). The interaction between CPI adjustments, the no-adjustment threshold in clause 22(2), and the K floor can produce non-intuitive outcomes; careful tracing of adjustment dates and historical CPI substitution rules (clause 22(4)-(5)) is necessary.
Pension pay rate fraction (clause 19)
Pension instalments are payable in equal fortnightly instalments at the rate of 14/365 of the annual pension (clause 19). The unusual fraction requires precise payroll treatment to avoid small periodic under- or over-payments.
Spouse pension interdependence with Commonwealth pensions (clause 17(4)-(6))
A spouse or de facto partner may be disqualified from State spouse pension entitlement if they are not entitled to a full Commonwealth pension without reduction (clause 17(5)), or if at age 70 they are not entitled to any Commonwealth pension. The SAS Board can vary spouse pensions to ensure the spouse remains eligible for Commonwealth pensions (clause 17(6)). Advisers must model State and Commonwealth interactions; survivors receiving federal pensions may find State entitlements reduced or denied.
Suspended pensions still adjusted (clause 24)
A suspended spouse pension is still subject to adjustment under Part 5 (clause 24(1)), i.e. it is notionally increased or decreased, even though cl 24(2) clarifies that this does not authorise payment of a suspended pension. An administrator must maintain correct indexation records for suspended pensions so that, if resumed, the pension reflects the cumulative adjustments.
SAS Board discretion to withhold adjustments with finality (clause 25(2))
Determinations by the SAS Board not to pay or to pay a lesser increase once effective are final in that a person is not entitled to be paid or to recover amounts that would have been payable but for the determination (clause 25(2)). This concentrates substantive power in an administrative body; challenge routes will proceed under appeal provisions of the later Act rather than as an automatic right to recovery.
Guarantee requires SAS Board satisfaction (clause 29)
Clause 29 creates a guarantee-like remedy where the SAS Board, if satisfied a person was disadvantaged by operation of the Regulation, “is to pay such additional amount as it considers necessary” and must debit the appropriate account or reserve (clause 29(1)-(2)). This is discretionary and conditioned on the Board’s satisfaction, not an automatic statutory entitlement.
Transitional names and dates (clause 2 and Schedule 1)
A small number of contributors are treated differently with respect to transfer date timing (clause 2(2) and Schedule 1). For the narrow cohort whose 65th birthdays fall within the two months beginning 1 April 1990, the Regulation treats their provisions as having commenced the day before the contributor’s exit date (Schedule 1). Practitioners must identify whether a client is within this small cohort.
Index substitution and Ministerial direction (clause 22(4))
Where the Commonwealth Statistician publishes a substituted CPI number for a June quarter, the Regulation generally requires disregarding the later number unless the Minister directs otherwise (clause 22(4)). This creates potential uncertainty where statistical revisions occur and introduces a political/ministerial decision into purely technical indexation calculations.
Missing litigation record in the Regulation (clause 12)
While clause 12 transposes pending appeals, the Regulation provides no summary of litigation outcomes or judicial interpretation. Legal advisers seeking precedents must search external tribunal and court databases.
Each of these points represents a concrete operational or legal trap that can materially affect entitlements or administrative compliance. Practitioners should prepare model calculations, confirm employer records, track lodgement dates, and plan for appeal pathways where discretionary Board decisions materially reduce payments.
How to comply
This section outlines practical compliance steps for each principal actor: SAS Board, employers, transferred contributors and spouses, and State financial officers. Each step is grounded in the Regulation’s clauses to ensure statutory compliance.
For the SAS Board (SAS Trustee Corporation)
Establish and credit transferred contributor accounts: As required by clause 6(1)-(2), ensure contributor accounts are established as of the transfer date with credit balances equal to the amounts contributed by each transferred contributor to the Government Railways Superannuation Account immediately before the transfer date. Maintain audit trails and reconcile with the old board’s ledger.
Apportion Government Railways Account funds: Clause 10(1) obliges the Board to apportion funds as soon as practicable. Implement a documented apportionment methodology that reconciles fund balances with individual account credits and necessary reserves. Record decisions on apportionment for transparency and future audit or appeal.
Source State funding if required: Under clause 10(2), arrange transfers from the State Rail Authority Fund as required to meet claims. Maintain formal coordinates with the Treasurer and State Rail Authority Fund administrators to ensure prompt funding.
Adopt approved forms and procedures: Clause 18 requires applications/elections to be in forms approved by the SAS Board and signed. Develop and publish approved forms, checklists of required information, and clear instructions explaining the three-month lodgement window and circumstances for extension.
Implement transfer point and benefit calculation systems: Program actuarial and payroll systems to apply the transfer points formula in clause 8, rounding transfer points to four decimal places (clause 8(2)), capping service at 40 years where applicable (clause 8(1)), and applying the K adjustments under Part 5 (clause 8(6)). Ensure retirement pension and lump-sum formulas in clause 14 and invalidity formulas in clause 15 are implemented exactly, including the special treatment of final average salary (clause 7(3)).
Record and report old-board matters: Comply with clause 11 by including required old-board information in the SAS Board’s first annual report after 1 June 1990 and completing any outstanding annual report obligations that were due under the Annual Reports (Statutory Bodies) Act 1984.
Exercise and document discretion transparently: For determinations under clause 25 (restricting automatic adjustments) and clause 17(6) (varying spouse pensions to preserve Commonwealth eligibility), create written policy, decision records, and reasons for each case to facilitate appeals and oversight. If paying guarantee amounts under clause 29, record the satisfaction basis for such payments and the corresponding debit to accounts/reserves (clause 29(2)).
Handle medical examination compliance: For invalidity pensions under clause 16, maintain protocols for scheduling medical examinations, notifying pensioners, and documenting the period allowed for compliance. Suspend payments promptly where the pensioner fails to comply and document reinstatement and any subsequent adjustments.
Maintain indexation calculation records: Implement the Part 5 adjustment calculation using the Sydney CPI for June quarters, apply clause 22(2) threshold (no adjustment if negative change under 1.1% or same) and carry forward index logic under clause 22(3). Maintain archival records of index numbers used, any Ministerial direction under clause 22(4)(b), and how substitution or reference base changes were handled.
For employers (particularly State Rail and successors)
Provide service particulars promptly: Clause 8(5) requires employers to provide the SAS Board with particulars of a transferred contributor’s service as soon as practicable after the transfer date. Identify records custodians, locate historical service files, and deliver a standardised data package (dates of service, salary history, contribution records) to the SAS Board.
Report salary for transfer point calculations: Ensure salary figures reported to the SAS Board for transfer point calculation are accurate and documented as they are the defined salary for that purpose (clause 3 definition). Confirm the salary used matches the legal definition in the Regulation and any supporting payroll documentation.
Cooperate with medical return-to-work obligations: If the SAS Board or employer requires a former invalidity pensioner to resume duties under clause 16(3), establish return-to-work protocols and ensure offers of comparable duties and salary are documented.
For transferred contributors and pensioners
Lodge elections and applications on time with approved forms: Clause 18 mandates approved forms, signatures and the three-month lodgement rule post-exit date. Obtain the SAS Board’s approved forms and lodge promptly. If you cannot meet the three-month deadline, document reasons and seek an extension from the Board citing “special circumstances.”
Elect contribution rate deliberately: Choose a contribution rate between 1% and 9% if you desire a rate higher than the 1% default (clauses 4(4)-(5)). A failure to elect results in a 1% default which materially affects long-term benefits.
Retiree option selection: Where eligible under clause 14, decide whether to take a pension plus lump sum or a lump-sum-only retirement benefit under section 37(2) of the later Act. Model both outcomes, including how transfer points and final average salary are treated (clause 7(3)-(4), clause 14).
Comply with medical examinations: If receiving invalidity pensions, submit to medical examinations as specified by the SAS Board; failure to comply suspends pensions until compliance (clause 16(1)-(2)). Where medically fit, be prepared to resume duties if required under clause 16(3)-(4).
Understand spouse pension eligibility interaction: If you are a spouse or de facto partner of a deceased transferred contributor/pensioner, confirm whether you were the partner at the time the pension first became payable or meet the three-year rule in clause 17(1A)/(3A). Also model interaction with Commonwealth pensions since receiving a Commonwealth pension or losing federal eligibility can disqualify or reduce State spouse entitlements (clause 17(5)-(6)).
Preserve records: Retain original employment contracts, salary slips, contribution statements and correspondence that can prove dates of service, salary, and relationship status, as these documents are necessary for the SAS Board’s calculations and any appeals.
For accountants, auditors and compliance officers
Reconcile transferred assets and liabilities: Audit the apportionment done by the SAS Board under clause 10(1) and verify that the amounts credited to transferred contributor accounts match the Government Railways Superannuation Account records (clause 6(2) and clause 10(1)).
Verify indexation calculations and application of floors: Independently verify Part 5 indexation calculations and that clause 28 floor rules for Schedule 2 amounts and clause 26 minimum amounts are not breached when the Board exercises discretion.
Ensure appropriate debiting for guarantee payments: If the SAS Board exercises the guarantee under clause 29(1) and pays additional amounts, ensure these are properly debited to the appropriate account or reserve as required by clause 29(2).
Appeal and dispute readiness
Preserve appeal rights: Note that appeals pending before the Industrial Commission were converted to appeals under s 27 of the later Act (clause 12). If contesting a Board decision, prepare to bring the matter under the later Act’s appeal procedures and maintain full documentary evidence of service, salary and decision rationale.
Documentary templates and process checklists
Create standard templates: For employers, a service particulars template; for the SAS Board, an approved election form and an extension-request form; for contributors, a checklist of documents to lodge with an election.
Establish timelines: Maintain a timeline tracker for transfer date, exit date, three-month election window, adjustment dates (Part 5 adjustment dates), and any statutory reporting deadlines.
In sum, compliance requires precise data transfer (employer records), disciplined election timing and form use (contributors), meticulous calculation systems (SAS Board), careful accounting for transfers and guarantee payments, and transparent documentation to permit effective appeal where discretionary Board decisions materially affect entitlements.
Transfer of contributors and pensioners to SAS Fund
SAS Fund means the State Authorities Superannuation Fund established in accordance with the later Act.
service, in relation to a transferred contributor, means the period of complete years, not exceeding 40, during which contributions to the Government Railways Superannuation Account were paid by or in respect of the contributor and in respect of which contributions were held immediately before the transfer date.
spouse pension means a pension that the spouse or de facto partner of a transferred pensioner or transferred contributor is entitled to receive under clause 17.
Note—
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
the earlier Act means the Government Railways (Superannuation) Act 1912.
the later Act means the State Authorities Superannuation Act 1987.
transfer date means—
(a) 1 June 1990, or
(b) in the case of a contributor under the earlier Act who is named in Schedule 1 or such a contributor who has died during the period of 2 months beginning on 1 April 1990—the day before the contributor’s exit date.
transferred contributor means a contributor under the earlier Act who is taken to have elected to become a transferred contributor by virtue of clause 4 (1).
transferred pensioner means a person who was, immediately before the transfer date, entitled to receive a superannuation allowance or prescribed pension under the earlier Act and who is transferred to the State Authorities Superannuation Scheme by virtue of clause 5 and, where the payment of a prescribed pension under the earlier Act was suspended at the transfer date, includes the person who would have been entitled to receive the pension but for the suspension.
cl 3: Am 28.3.2003.
Part 2 Transfer of contributors and pensioners to SAS Fund
Part 2 Transfer of contributors and pensioners to SAS Fund
Part 2 Transfer of contributors and pensioners to SAS Fund
4 Transfer of Government Railways Superannuation Account contributors to the SAS Fund
4 Transfer of Government Railways Superannuation Account contributors to the SAS Fund
4 Transfer of Government Railways Superannuation Account contributors to the SAS Fund
(1) A contributor under the earlier Act who was contributing to the Government Railways Superannuation Account immediately before the transfer date is, on that date, to be taken to have elected under section 19 (1) of the later Act (election to contribute to the Fund), effective on that date, to contribute to the SAS Fund.
(2) For the purposes of subclause (1), section 19 of the later Act is to be read as if subsections (2), (3), (4), (6) and (7) of that section were omitted.
(3) If a contributor under the earlier Act has become a transferred contributor in accordance with such an election—
(a) the contributor ceases to be a contributor to the Government Railways Superannuation Account, and
(b) a benefit under the earlier Act is not payable to or in respect of the contributor.
(4) A transferred contributor may elect to contribute to the Fund at the rate of 1, 2, 3, 4, 5, 6, 7, 8 or 9 per cent of his or her salary.
(5) A person who has made no election under subclause (4) is taken to have elected to contribute at the rate of 1 per cent of the person’s salary.
(6) A contributor under the earlier Act who has become a transferred contributor in accordance with this clause may, subject to section 20 of the later Act (additional benefit), make an application under that section at any time.
5 Transfer of Government Railways Superannuation Account pensioners to the SAS Fund
5 Transfer of Government Railways Superannuation Account pensioners to the SAS Fund
5 Transfer of Government Railways Superannuation Account pensioners to the SAS Fund
A person who was, immediately before the transfer date, entitled to receive a superannuation allowance or prescribed pension under the earlier Act is, on that date, to be taken to have been transferred to the State Authorities Superannuation Scheme and is, on and after that date, entitled to receive from the SAS Board a pension in accordance with this Regulation.
6 Transferred accounts and reserves
6 Transferred accounts and reserves
6 Transferred accounts and reserves
(1) A contributor’s account required by section 12 (1) of the later Act (contributors’ accounts) in respect of a transferred contributor is taken to have been established in the SAS Fund on the transfer date.
(2) The SAS Board must ensure that the account is established with a credit balance equal to the amount contributed by the transferred contributor to the Government Railways Superannuation Account immediately before that contributor became a contributor to the SAS Fund.
7 Application of certain definitions to transferred contributors
7 Application of certain definitions to transferred contributors
7 Application of certain definitions to transferred contributors
(1) For the purpose of applying the definition of accrued benefit points in section 36 of the later Act (definitions) to a transferred contributor, that definition is to be read as if the reference in it to contributed points figures included a reference to the number of transfer points described in clause 8.
(2) For the purpose of applying the later Act to a transferred contributor, such a contributor’s entry date is to be taken to be a notional date established by subtracting from the transfer date the number of days of service during which contributions to the Government Railways Superannuation Account were paid and in respect of which contributions were held on the day before the transfer date.
(3) For the purpose of applying the definition of final average salary in section 36 of the later Act to a transferred contributor, that definition is to be read as if the transferred contributor had become a new contributor to the SAS Fund on the transfer date.
(4) For the purpose of applying the definition of prospective benefit points in section 36 of the later Act to a transferred contributor, that definition is to be read as if the transferred contributor had become a new contributor to the SAS Fund on the transfer date.
8 Transfer points to be credited to a transferred contributor
8 Transfer points to be credited to a transferred contributor
8 Transfer points to be credited to a transferred contributor
(1) A transferred contributor is, in respect of his or her accrued benefit in the Government Railways Superannuation Account, entitled to the number of transfer points calculated in accordance with the following formula—
where—
TP represents the number of points to be calculated.
K represents the amount of $1,600 adjusted in accordance with the rate applicable on the day immediately preceding the transfer date as provided by subclause (6).
S represents the number of complete years of service of the transferred contributor or, if the transferred contributor has more than 40 years’ service, represents 40 years’ service.
EC represents the contributions of the transferred contributor.
W represents the salary of the transferred contributor.
(2) Transfer points are to be rounded up to four decimal places.
(3) The transfer points calculated under subclause (1) are to be added to the contributed points figures which the transferred contributor accrues during his or her membership of the State Authorities Superannuation Scheme to form the accrued benefit points held at the exit date.
(4) Accrued benefit points may, subject to section 36 of the later Act (definitions), be accumulated over the entire period of service, including the period of service preceding the transfer date which is to consist of and to be counted as applicable contribution periods.
(5) For the purpose of subclause (4), the person who was the employer of the transferred contributor at the transfer date must, as soon as practicable after that date, provide the SAS Board with particulars of that contributor’s service.
(6) If there is an adjustment percentage for a year as provided by Part 5, the amount represented by the symbol K (referred to in subclause (1)) is to be adjusted in accordance with that Part, on and from the adjustment date for that year, by that percentage.
(7) If there have been previous adjustments under subclause (6), or under section 123A (1) of the earlier Act, the amount of $1,600 referred to in the definition of the symbol K in subclause (1) is to be taken to be a reference to that amount as previously adjusted.
(8) The operation of subclause (6) does not have the effect of reducing the amount represented by K below $1,600.
cll 8: Am 15.3.1991.
Part 3 Termination of the government railways superannuation scheme
Part 3 Termination of the government railways superannuation scheme
Part 3 Termination of the government railways superannuation scheme
9 Transfer of assets etc of the old board
9 Transfer of assets etc of the old board
9 Transfer of assets etc of the old board
On 1 June 1990, the following provisions are to be taken to have had effect—
(a) all real and personal property (including any estate or interest in, or right to control or manage, real or personal property) that, immediately before that date, was vested in the old board became vested in the SAS Board,
(b) all money that, immediately before that date, was payable to the old board became payable to the SAS Board,
(c) any liquidated or unliquidated claim that, immediately before that date, was enforceable by or against the old board became enforceable by or against the SAS Board,
(d) any proceeding that was pending immediately before that date at the suit of or against the old board became a proceeding pending at the suit of or against the SAS Board,
(e) any contract or arrangement entered into with the old board and in force immediately before that date became a contract or arrangement entered into with the SAS Board,
(f) any security or charge given to or by the old board and in force immediately before that date became a security or charge given to or by the SAS Board,
(g) any act, matter or thing that was done or had been omitted to be done before that date by, to or in respect of the old board is (to the extent that that act, matter or thing has any effect) to be taken to have been done or omitted to have been done by, to or in respect of the SAS Board.
10 Government Railways Superannuation Account
10 Government Railways Superannuation Account
10 Government Railways Superannuation Account
(1) As soon as practicable after receiving the amount standing to the credit of the Government Railways Superannuation Account, the SAS Board must apportion the amount among the contributors’ accounts established under section 12 of the later Act in respect of transferred contributors and among such other of that Board’s accounts and reserves it considers to be appropriate.
(2) There is to be transferred to the credit of the SAS Fund from the State Rail Authority Fund such money as may be required to meet claims by or in respect of transferred contributors and transferred pensioners.
(3) Money standing to the credit of the accounts and reserves referred to in subclause (1) is to be applied in paying pensions and other amounts which are payable to or in respect of transferred contributors and transferred pensioners in accordance with the later Act and this Regulation.
(4) Money referred to in subclause (3) includes interest up to and including the day immediately before the transfer date at such rate or rates as the old board and the Treasurer determine.
11 Annual reports etc
11 Annual reports etc
11 Annual reports etc
(1) If the old board had not, before 1 June 1990, complied with a provision of the Annual Reports (Statutory Bodies) Act 1984 requiring the preparation and submission of an annual report or a statement of accounts relating to a period which had expired before that day, the SAS Board must comply with the provision.
(2) The first annual report and statement of accounts of the SAS Board after 1 June 1990 must contain such further matters in respect of the old board (other than matters dealt with by subclause (1)) as would have been required to be included in an annual report or statement of accounts of the old board if this Regulation had not been made.
12 Appeals
12 Appeals
12 Appeals
An appeal pending before the Industrial Commission of New South Wales immediately before 1 June 1990 under a provision of the Government Railways (Superannuation) Act 1912 is to be treated as if it were an appeal made under section 27 of the Superannuation Administration Act 1987.
13 Delegations
13 Delegations
13 Delegations
A delegation effected by the old board and in force immediately before 1 June 1990 is to be taken to have been effected under the Superannuation Administration Act 1987 by the SAS Board.
Part 4 Benefits payable in respect of transferred pensioners and transferred contributors
Part 4 Benefits payable in respect of transferred pensioners and transferred contributors
Part 4 Benefits payable in respect of transferred pensioners and transferred contributors
14 Retirement benefit
14 Retirement benefit
14
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