Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 32Y

Notional earnings base to continue to be used

             (1)  This section applies if:

                     (a)  an employer is contributing to a fund (the choice fund ) that is a chosen fund of an employee; and

                     (b)  it is reasonable to assume that, if the choice of fund requirements did not apply, the employer would instead have contributed to a different fund (the other fund ) for the benefit of that employee; and

                     (c)  contributions to the other fund would not have been covered by subsection 23(5).

             (2)  This section also applies if:

                     (a)  an employer is contributing to a fund (the choice fund ) that is a chosen fund of an employee; and

                     (b)  it is reasonable to assume that, if the choice of fund requirements did not apply, that a reduction in the charge percentage for the employer would have been made under subsection 22(2) as a result of a scheme (the other fund ) for the benefit of that employee.

             (3)  In working out the reduction in the charge percentage under subsection 23(2), (3), (4), (4A) or (4D) as a result of a contribution to the choice fund, the employee's notional earnings base is taken to be equal to the lesser of that notional earnings base and the amount that would have been the employee's notional earnings base if the contribution had been made to the other fund, or the reduction had been made under subsection 22(2) as a result of the other fund (as the case requires).

             (4)  In working out the reduction in the charge percentage under subsection 23(5) as a result of a contribution to the choice fund, the employee's ordinary time earnings are taken to be equal to the lesser of those ordinary time earnings and the amount that would have been the employee's notional earnings base if the contribution had been made to the other fund, or the reduction had been made under subsection 22(2) as a result of the other fund (as the case requires).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback