Superannuation Guarantee (Administration) Act 1992
(Repealed by No 57 of 2025)
View history note
Hide history noteS 15A repealed by No 57 of 2025, s 3 and Sch 1 item 40, effective 1 July 2026. For application and transitional provisions, see note under s
16
. S 15A formerly read:
SECTION 15A INTERPRETATION: SALARY SACRIFICE ARRANGEMENTS
Salary sacrifice arrangement
15A(1)
An arrangement under which a contribution is, or is to be, made to a complying superannuation fund or an RSA by an employer for the benefit of an employee is a
salary sacrifice arrangement
if the employee agreed:
(a)
for the contribution to be made; and
(b)
in return, for either or both of the following amounts to be reduced (including to nil):
(i)
the ordinary time earnings of the employee;
(ii)
the salary or wages of the employee.
Sacrificed amounts
15A(2)
If an amount mentioned in subparagraph (1)(b)(i) or (ii) is reduced under a salary sacrifice arrangement, the amount of that reduction is:
(a)
if ordinary time earnings for a quarter are reduced
-
a
sacrificed ordinary time earnings amount
of the employee for the quarter in respect of the employer; and
(b)
if salary or wages for a quarter are reduced
-
a
sacrificed salary or wages amount
of the employee for the quarter in respect of the employer.
Excluded salary or wages
15A(3)
In working out the amount of a reduction for the purposes of subsection (2), disregard any amounts that, had they been paid to the employee (instead of being reduced), would have been excluded salary or wages.
15A(4)
For the purposes of this section, excluded salary or wages are salary or wages that, under section 27 or 28, are not to be taken into account for the purpose of making a calculation under section 19.
S 15A inserted by No 95 of 2019, s 3 and Sch 7 item 2, effective 29 October 2019 and applicable in relation to working out an employer ' s superannuation guarantee shortfall for quarters beginning on or after 1 January 2020.
S 15A repealed by No 15 of 2007, s 3 and Sch 1 item 349, applicable to the 2007/08 income year and later years. S 15A formerly read:
If at the test time:
the employee has an
entitlement amount
in relation to the body at the test time equal to the resignation RBL amount in relation to the benefit at that time.
SECTION 15A INTERPRETATION: ENTITLEMENT AMOUNT
15A(1)
An employee has an
entitlement amount
in relation to a benefit body at a particular time (the
test time
) in accordance with this section.
15A(2)
Lump sum from complying approved deposit fund.
(a)
the benefit body is a complying approved deposit fund; and
(b)
the employee has a benefit in the body in the form of a present or future entitlement to a lump sum;
15A(3) Deferred annuity from life assurance company.
If at the test time:
(a) the benefit body is a life assurance company; and
(b) the employee has a benefit in the body in the form of a present or future entitlement to a deferred annuity;
the employee has an entitlement amount in relation to the body at the test time equal to the resignation RBL amount in relation to the benefit at that time.
S 15A(3) amended by No 101 of 2004, s 3 and Sch 11 items 96 and 100, by omitting " or a registered organisation " after " life assurance company " in para (a), applicable in relation to test times (within the meaning of section 15A of that Act) on or after 1 July 2000.
15A(4) Lump sum, pension, or combination of lump sum and pension, from complying superannuation fund.
If at the test time:
(a) the benefit body is a complying superannuation fund or an RSA provider; and
(b) the employee has a benefit in the body in the form of:
(i) a present or future entitlement to a lump sum; or
(ii) an entitlement to a pension that has not become payable; or
whether or not the applicable entitlement is at the election of the employee;
(iii) any combination of the entitlements covered by subparagraphs (i) and (ii);
the employee has an entitlement amount in relation to the body at the test time in accordance with subsection (5).
S 15A(4) amended by No 62 of 1997.
15A(5)
For the purposes of subsection (4), the entitlement amount is:
(a) if the applicable entitlement is at the election of the employee - the greatest possible amount, being a resignation RBL amount or the sum of 2 resignation RBL amounts, in respect of the applicable entitlement at the test time; or
(b) in any other case:
(i) if subparagraph (4)(b)(i) applies - the resignation RBL amount in relation to the lump sum at the test time; or
(ii) if subparagraph (4)(b)(ii) applies - the resignation RBL amount in relation to the pension at the test time; or
(iii) if subparagraph (4)(b)(iii) applies - the sum of the resignation RBL amount in relation to the lump sum and the resignation RBL amount in relation to the pension at the test time.
15A(6)
In this section:
benefit body
means a complying superannuation fund, a complying approved deposit fund, a life assurance company or an RSA provider.
Definition of " benefit body " amended by No 101 of 2004, s 3 and Sch 11 items 97 and 100, by substituting " or an RSA provider " for " , an RSA provider or a registered organisation " , applicable in relation to test times (within the meaning of section 15A of that Act) on or after 1 July 2000.
Definition of " benefit body " amended by No 62 of 1997.
deferred annuity
has the meaning given by section
140C
of the
Income Tax Assessment Act 1936
.
ETP
has the meaning given by section
140C
of the
Income Tax Assessment Act 1936
.
life assurance company
has the meaning given by subsection
6(1)
of the
Income Tax Assessment Act 1936
.
Definition of " life assurance company " amended by No 101 of 2004, s 3 and Sch 11 items 98 and 100, by substituting " 6(1) " for " 27A(1) " , applicable in relation to test times (within the meaning of section 15A of that Act) on or after 1 July 2000.
pension
means a pension within the meaning of the
Superannuation Industry (Supervision) Act 1993
or the
Retirement Savings Accounts Act 1997
.
Definition of " pension " substituted by No 62 of 1997.
registered organisation
(Repealed by No 101 of 2004)
Definition of " registered organisation " repealed by No 101 of 2004, s 3 and Sch 11 items 99 and 100, applicable in relation to test times (within the meaning of section 15A of that Act) on or after 1 July 2000. The definition formerly read:
registered organisation
has the meaning given by subsection 27A(1) of the Income Tax Assessment Act 1936 .
resignation RBL amount
, in relation to a benefit that exists at a particular time in a benefit body, means:
(a) if the benefit is in the form of a present or future entitlement, of an employee, to a lump sum - the RBL amount (worked out under section 140ZH of the Income Tax Assessment Act 1936 ) of the ETP that would be payable to the employee if he or she resigned at the particular time; or
(b) if the benefit is in the form of a present or future entitlement, of an employee, to a deferred annuity - the RBL amount (worked out under section 140ZI of the Income Tax Assessment Act 1936 ) of the ETP that would be payable to the employee if he or she commuted the entitlement at the particular time; or
(c) if the benefit is in the form of an entitlement, of an employee, to a pension that has not become payable - the RBL amount (worked out under section 140ZK of the Income Tax Assessment Act 1936 ) of the pension that would be payable to the employee if he or she resigned at the particular time.
S 15A inserted by No 170 of 1995.
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