Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 3A

Superannuation benefits relating to services performed before 1 January 1998

3A. Superannuation benefits relating to services performed before 1 January
1998



(1) Money paid by an employer on or after 1 January 1998 as a superannuation
benefit that is alleged by the employer to be paid in respect of services
performed or rendered by a worker before that day, must be evidenced to the
satisfaction of the Authority in the employer's records for the calculation of
premiums under this Act.

(2) In particular, the employer's records must show the manner of calculation
of the benefit and any actuarial basis for it.

(3) For the purposes of subsection (2) and of any calculation of premiums to
which that subsection is relevant, the certificate of a fellow or accredited
member of the Institute of Actuaries of Australia to the effect that the
actuarial basis on which an amount is calculated is justified is evidence and,
in the absence of evidence to the contrary, proof of that fact.

(4) If records are not kept as required by this section, the Authority is
entitled to assume for the purposes of the calculation of premiums, that a
payment of money by an employer as a superannuation benefit on or after 1
January 1998 is an amount payable in respect of services performed or rendered
by a worker on or after that day.