SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 32N When a standard choice form must be provided

SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 32N

  (1)   An employer must give a standard choice form before 29   July 2005 to each employee employed by the employer on 1   July 2005.

Note :   An employer does not have to provide a standard choice form to an existing employee except in the specific circumstances outlined in this section. See also the further exceptions in section   32NA.

  (2)   An employer must give a standard choice form to an employee within 28 days of the employee first commencing employment with the employer.

  (3)   An employer must also give a standard choice form to an employee within 28 days of the employee giving the employer a written request to do so. However, a request is taken never to have been made if the employee has been given a standard choice form within the previous 12 months.

  (4)   An employer must also give a standard choice form to an employee within 28 days of the employer becoming aware that there ceased to be any chosen fund for the employee because of:

  (a)   subsection   32H(3 ) (e mployer unable to contribute to fund); or

  (b)   subsection   32H(4 ) (f und ceasing to be eligible choice fund).

  (5)   An employer must also give a standard choice form to an employee if:

  (a)   the employer is making contributions, in accordance with subsection   32C(2), to a fund for the benefit of the employee; and

  (b)   the employer changes the fund to which the employer makes contributions, in accordance with that subsection, for the benefit of the employee.

The standard choice form must be given within 28 days after the change.

  (5A)   An employer must also give a standard choice form (the updated standard choice form ) to an employee if:

  (a)   the employer has specified a fund (the employer fund ) in a standard choice form as the fund to which the employer will contribute under subsection   32C(2) in the event of the employee failing to make a choice of fund; and

  (b)   the employer discovers, after giving an employee the standard choice form, that the employer cannot contribute to the employer fund for the benefit of the employee.

The updated standard choice form must be given within 28 days after the employer first becomes aware that the employer cannot contribute to the employer fund for the benefit of the employee.

  (6)   An employer may also give a standard choice form at any time.