• Information you will be given

    Not eligible for super

    Examples of why you're not eligible for super:

    • Your employer was not required to provide SG contributions – your letter will list why you're not entitled to SG contributions.
    • Your employer was not required to offer you choice of super fund – your letter will list why your employer was not required to offer you choice of super fund.
    • We are unable to confirm a relationship between you and the employer – your letter will advise we did not receive the required information from you to establish an employment relationship.

    Your employer has done the right thing 

    Examples of why your employer has done the right thing:

    • Your employer paid the money to us – your letter will confirm a payment was made to us.
    • Your employer paid the money to us through the superannuation holding accounts (SHA) special account – your letter will confirm a payment was made to us through the SHA special account.
    • Your employer paid the money to your super fund – your letter will advise contributions were made to your super fund.
    • Your enquiry is for the current quarter – your letter will advise your enquiry relates to the current quarter and your employer still has time to meet their obligations.
    • The period of your enquiry dates back over five years – your letter will advise employers are required to keep records for at least five years. As you don't have documents to support your entitlement to super contributions, we can't take further action.

    Your employer is bankrupt

    Your letter will advise when your employer had a trustee appointed under the Bankruptcy Act 1966. It is the appointed trustee's responsibility to advise if there are sufficient funds to meet your employer’s SG obligation. We will provide contact details for the trustee.

    Your employer’s company is in liquidation

    Your letter will say when a liquidator was appointed. It is the liquidator's responsibility to advise if there are sufficient funds to meet your employer’s SG obligation. We will provide contact details for the liquidator.

    Your employer’s company is under administration

    Your letter will say when an administrator was appointed. It is the administrator's responsibility to advise if there are sufficient funds to meet your employer’s SG obligation. We will provide the contact details for the administrator.

    Your employer’s company is deregistered

    Your letter will confirm when the company was deregistered. It may advise there is no business or company for us to take action against, so we're unable to take further action in relation to your enquiry.

    The Australian Securities & Investment Commission (ASIC) maintains a database of all registered companies. You can search ASIC's registers on their website.

    Next step:

    We have determined the debt is not recoverable

    Your letter will advise we have taken the action we can in relation to your enquiry and, unfortunately, you won't receive any super from your employer.

    It will list why this occurred, such as:

    • as a result of legal action, a court decision prevents payments owed by your employer from being pursued
    • the cost of us pursuing the unpaid super is higher than the amount owed to you
    • your employer provided information proving they don't owe you any SG.
      Last modified: 01 Sep 2016QC 19274