New South Wales Consolidated Acts

FIRST STATE SUPERANNUATION ACT 1992 - SECT 8

8 Compulsory employer superannuation contributions

(1) An employer must make, for each employee (other than an excluded employee), a superannuation contribution equivalent to the salary contribution percentage for the employee for each financial year, or part, for which the employee is an employee.

(2) The salary contribution percentage for a person means 9% of the salary or wages of the person.

(3) An employer is not required to make a contribution in respect of an employee if, in order to be consistent with any relevant Commonwealth superannuation standard, a superannuation fund must not accept contributions in respect of the employee.

(4) Nothing in this section prevents an employer from making superannuation contributions in addition to those required by this section in respect of employees.

(5) Subsection (1) does not apply in relation to:

(a) an employee to whom an employer pays a total salary or wages in any month, including any amount payable under subsection (6), that is less than the amount prescribed by section 27 (2) of the relevant Commonwealth legislation, or

(b) an employee to whom section 27 (1) (a) of the relevant Commonwealth legislation applies,

in relation to employment of a kind prescribed by the regulations.

(6) Where subsection (1) does not apply, the employer must pay to the employee an amount equivalent to the superannuation contribution that would have been payable but for the operation of subsection (5).

(7) The amount payable under subsection (6) is in addition to any salary or wages payable to the employee.

(8) In this section, "relevant Commonwealth legislation" means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

Note: The amount prescribed by section 27 (2) of the relevant Commonwealth legislation is $450. Section 27 (1) (a) of the relevant Commonwealth legislation provides that the salary or wages of an employee who is aged 70 or over is to be excluded from the calculation of the superannuation guarantee shortfall under the relevant Commonwealth legislation.