New South Wales Consolidated Acts

STATE AUTHORITIES SUPERANNUATION ACT 1987 - SECT 25

25 Liability to contribute

(1) Where an election under section 19 takes effect, the contributor who made the election becomes, and remains, liable to ensure that contributions are paid to the Fund in the amount necessary to result in an amount being credited to the contributor’s account (or, in the case of salary sacrifice contributions, retained in that account as provided by section 19B), at the rate specified under section 19 (2) (b) and, except as provided by sections 27, 28, 29 and 35A, to ensure those contributions are paid in respect of successive contribution periods:

(a) commencing with the contribution period in which the contributor’s entry date occurs, and

(b) ending with the last complete contribution period ending on or before the contributor’s exit date.

(2) Contributions under this Part are to be calculated on the basis of the contribution periods applicable to the contributor and a contribution payable in respect of a contribution period shall be paid to STC within 7 days after the last day of that period.

(3) Contributions under this Part are payable to STC by the employer by which the contributor is employed and the employer is entitled to deduct those contributions from any amount or amounts that may become payable by the employer to the contributor, whether as salary or otherwise.

(4) STC may, in a particular case, charge interest calculated on a daily basis at a rate determined by STC on a contribution under this Part for any period during which the contribution remains unpaid after the time allowed for payment under subsection (2) and any such interest:

(a) shall be paid to STC by the employer in default, and

(b) is not chargeable against any employee.

(5) An employee is not entitled to contribute to the Fund, and STC is not to accept a contribution to the Fund offered by an employee, unless the employee is under 70 years of age.

(5A) An employer is not entitled to pay a salary sacrifice contribution to the Fund on behalf of an employee, and STC is not to accept a salary sacrifice contribution to the Fund on behalf of an employee, unless the employee is under 70 years of age.

(6) A contributor is not entitled to accrue benefit points after attaining the age of 70 years.