Superannuation Act 1916 (NSW)

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whole Act (except the definition of “Spouse” in s 3 (1) and sch 25): Am 2000 No 114, Sch 1.6 [3] (insert “or de facto partner” after “spouse” wherever occurring).

whole Act (except the definition of “Spouse” in s 3 (1) and sch 25): Am 2000 No 114, Sch 1.6 [4] (insert “or de facto partner’s” after “spouse’s” wherever occurring).

whole Act (except the definition of “Spouse” in s 3 (1) and sch 25): Am 2000 No 114, Sch 1.6 [5] (insert “or de facto partners’” after “spouses’” wherever occurring).

whole Act (except the definition of “Spouse” in s 3 (1) and sch 25): Am 2000 No 114, Sch 1.6 [6] (insert “or de facto partners” after “spouses” wherever occurring).

whole Act (except s 3 (1) and sch 25): Am 2000 No 114, Sch 1.6 [7] (“de facto spouse” omitted wherever occurring, “de facto partner” inserted instead).

An Act to provide a State provident fund for persons employed by the State or by certain other bodies, and for the families of such persons; to amend and repeal various Acts; and for purposes consequent thereon or incidental thereto.

long title: Am 1992 No 35, Sch 3.

Part 1Preliminary1Name of Act and commencement

This Act may be cited as the Superannuation Act 1916 and shall, except where otherwise provided, come into operation on the first day of July, one thousand nine hundred and nineteen.

s 1: Am 1918 No 44, sec 2 (i).

1AClosure of Scheme to persons employed on or after 1.7.1985(1)

Notwithstanding any other provision of this Act (except subsection (3)), a person is not required or entitled to commence contributing to the Fund on or after 1 July 1985.

(2)

Subsection (1) applies, subject to subsection (3), to a person who was previously a contributor to the Fund, whether before or after 1 July 1985.

(3)

Subsection (1) does not apply to—

  • (a)

    a person who was, immediately before 1 July 1985, an employee but was not contributing to the Fund, being a person to whom Schedule 21 applies and who elects to become a contributor to the Fund in accordance with that Schedule,

  • (b)

    a person who makes an election under section 38C and complies with that section,

  • (c)

    a person who is re-employed by an employer under section 51 (1) after the restoration of the person’s health, or

  • (c1)

    a person exercising a transfer option conferred under Part 6 or Part 7 of the Superannuation Administration Act 1996 to rejoin the Fund,

  • (d)

    a person of a class prescribed by the regulations.

(4)

Schedule 21 has effect.

(5)

Regulations may be made for or with respect to elections under Schedule 21 or to any other matter necessary or convenient to be prescribed for the purposes of this section.

s 1A: Ins 1985 No 47, Sch 1 (1). Subst 1985 No 155, Sch 3 (1). Am 1998 No 144, Sch 2.5 [1]; 1999 No 31, Sch 1.50 [1]; 2022 No 63, Sch 3.4.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.