Superannuation Administration (Cbus Transitional Provisions) Regulation 2022

a complaint about the former scheme or the trustee of the former scheme,

a complaint about a matter involving the former scheme or the trustee of the former scheme that may give rise to a financial loss to a member or beneficiary of the former scheme,

an application for a benefit or entitlement under the former scheme,

a matter that was to be treated, because of a transitional provision in an Act or Regulation, as if it were a claim against the trustee of the former scheme.

Management of an existing claim becomes the responsibility of the trustee of the successor fund if the claim has not been finally dealt with before the transfer day.

The trustee of the successor fund must deal with the existing claim in accordance with procedures under the successor fund.

In this section—

A claim about the former scheme made after the transfer day must be managed and decided by the trustee of the successor fund.

The trustee of the successor fund must deal with the claim in accordance with procedures under the successor fund.

For the avoidance of doubt, a claim is a claim to which this section applies if—

the claim relates to service with an employer before the transfer day by the following (a relevant person)—

the member of the former scheme who is transferred under section 5,

the former member of a STC scheme, and

the service was with a transferred employer who was responsible for the payment of benefits under the former scheme in respect of the service, and

the claim is about entitlements or obligations of—

a relevant person, or

a beneficiary of a relevant person.

is taken to no longer be an employer in respect of a transferred member for the purposes of the former scheme, and

is instead taken to be an employer in respect of the transferred member for the purposes of the successor fund, and

is bound by the terms of the trust deed establishing the successor fund, and

must make payments and contributions to the successor fund—

in respect of the transferred member, and

in accordance with the trust deed.

For the Act, section 128(1)(a), the following public sector employers are prescribed—

an employer listed in the Superannuation Act 1916, Schedule 3,

an employer listed in the State Authorities Superannuation Act 1987, Schedule 1.

For the Act, section 128(1)(c), the eligibility criteria for an employee are—

the employee is an employee of a transferred employer, and

since the employment that made the employee eligible to be a member of or contributor to the STC scheme, the employee has—

remained an employee of an STC employer, or

been employed by a succession of employers with no break in service longer than the prescribed time and each employer was, at the time of the employment—

a transferred employer, or

an STC employer.

For the Act, section 128(2)(d), an employer is prescribed as a public sector employer if the employer—

is listed in—

the Superannuation Act 1916, Schedule 3, or

the State Authorities Superannuation Act 1987, Schedule 1, and

is responsible for making contributions under the STC scheme that the employee was previously a member of or contributed to.

For the Act, section 128(2)(e), the eligibility criteria for an employee are—

the employee was a transferred member, and

since being transferred, the employee has—

remained an employee of a transferred employer, or

been employed by a succession of employers with no break in service longer than the prescribed time and each employer was, at the time of the employment—

a transferred employer, or

an STC employer.

In this section—