New South Wales Consolidated Acts

STATE AUTHORITIES SUPERANNUATION ACT 1987 - SECT 19

19 Election to have employee or salary sacrifice contributions paid to the Fund

(1) An employee may at any time lodge with STC an election to contribute to the Fund.

(2) An election under subsection (1) shall:

(a) be in a form approved by STC for the purposes of this section,

(b) specify the rate at which contributions are, subject to this Act, to be credited to the contributor’s account in respect of the employee (or, in the case of salary sacrifice contributions, retained in that account as provided by section 19B), being the rate of 1, 2, 3, 4, 5, 6, 7, 8 or 9 per cent of the employee’s salary,

(c) be supported by the certificate by the employee’s employer referred to in the definition of "employee" in section 3 (1), and

(d) be supported by a further certificate by the employee’s employer that is in a form approved by STC.

(3) The further certificate must state:

(a) the date of birth of the employee,

(b) the salary (and, in the case of a part-time employee, the attributed salary) of the employee,

(c) that the employer has no reason to believe that the employee will not continue to be an employee within the meaning of this Act for at least 1 year from the date of the certificate, and

(d) such other matters as STC considers necessary or convenient for the purposes of this section.

(4) A failure to comply with subsection (2) (b) does not invalidate an election and, in the event of such a failure, the form of election shall be deemed to specify a rate of 1 per cent.

(5) An election made by an employee under subsection (1) is ineffective if, at the time the election would take effect, the employee would be of or above the age of 70 years.

(6) An election made by an employee under subsection (1) (other than an election referred to in subsection (5)) takes effect not later than the first day of the second contribution period after that in which the election is received in the office of STC, but, if an employee makes a subsequent election under section 27 (Variations of contribution rate), ceases to be in force immediately before the subsequent election takes effect.

(7) If STC approves, an employee may, before an election made under this section takes effect, vary the election.

(8) If a contributor to another superannuation scheme would become (but for being such a contributor) entitled to elect to contribute to the Fund by reason of a change of work category or for any other reason:

(a) the contributor shall be deemed not to be a contributor to the other superannuation scheme for the purposes of making the election,

(b) the contributor may make the election on condition that STC approves an application made by the person under section 20 to be covered for the additional benefit, and

(c) the election takes effect as at a date determined by STC.