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LOCAL GOVERNMENT ACT 1993 - SECT 254B

Payment for superannuation contributions for councillors

254B Payment for superannuation contributions for councillors

(1) A council may make a payment (a
"superannuation contribution payment" ) as a contribution to a superannuation account nominated by a councillor, starting from the financial year commencing 1 July 2022.
(2) The amount of a superannuation contribution payment is the amount the council would have been required to contribute under the Commonwealth superannuation legislation as superannuation if the councillor were an employee of the council.
(3) A superannuation contribution payment is payable with, and at the same intervals as, the annual fee is payable to the councillor.
(4) A council is not permitted to make a superannuation contribution payment--
(a) unless the council has previously passed a resolution at an open meeting to make superannuation contribution payments to its councillors, or
(b) if the councillor does not nominate a superannuation account for the payment before the end of the month to which the payment relates, or
(c) to the extent the councillor has agreed in writing to forgo or reduce the payment.
(5) The Remuneration Tribunal may not take superannuation contribution payments into account in determining annual fees or other remuneration payable to a mayor or other councillor.
(6) A person is not, for the purposes of any Act, taken to be an employee of a council and is not disqualified from holding civic office merely because the person is paid a superannuation contribution payment.
(7) A superannuation contribution payment does not constitute salary for the purposes of any Act.
(8) Sections 248A and 254A apply in relation to a superannuation contribution payment in the same way as they apply in relation to an annual fee.
(9) In this section--

"Commonwealth superannuation legislation" means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

"superannuation account" means an account for superannuation or retirement benefits from a scheme or fund to which the Commonwealth superannuation legislation applies.



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