New South Wales Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1996 - SECT 124

Superannuation fund contributions

124 Superannuation fund contributions

(1) If an industrial instrument requires an employer to pay contributions to a specified superannuation fund for the purpose of providing superannuation benefits to or in respect of an employee of the employer, the required contributions may, despite the industrial instrument, be paid to a complying superannuation fund nominated for the time being by the employee and approved by the employer.
(2) However, subsection (1) applies only if--
(a) the nomination of the complying superannuation fund by the employee is in writing and signed by the employee, and
(b) the employer has given the employee a copy of the nomination and written notice of the employer's approval of the nomination, and
(c) the employer retains a copy of the nomination.
(2A) An employee may, by notice in writing, revoke a nomination under this section.
(3) In this section--

"complying superannuation fund" means a superannuation fund that, for the relevant year of income, is a complying superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.

"superannuation fund" has the same meaning as it has in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.



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