Superannuation Guarantee (Administration) Act 1992

PART 3 - LIABILITY OF EMPLOYERS OTHER THAN THE COMMONWEALTH AND TAX-EXEMPT COMMONWEALTH AUTHORITIES TO PAY SUPERANNUATION GUARANTEE CHARGE  

Division 2 - Superannuation guarantee charge payable by employers  

Subdivision E - Loading for failing to comply with choice of fund requirements  

SECTION 20A   EMPLOYER ' S CHOICE LOADING FOR THE QE DAY  

20A(1)    
The employer ' s choice loading for the employee and the QE day is:

(a)    if subsection (2) or (3) applies to some or all of those eligible contributions - the lower of:

(i) the amount equal to 25% of the total of the contributions to which that subsection applies; and

(ii) the choice loading limit for the QE day; or

(b)    otherwise - nil.

Contributions made to an RSA or a fund other than a defined benefit superannuation scheme

20A(2)    
This subsection applies if:

(a)    some or all of the contributions mentioned in paragraph 20(b) are not made in compliance with the choice of fund requirements; and

(b)    section 20D (relying on most recent Commissioner notification) does not apply to the contributions.

Contributions notionally made to a defined benefit superannuation scheme

20A(3)    
This subsection applies if:

(a)    some or all of the contributions mentioned in paragraph 20(b) :

(i) are notionally made as described in subsection 18A(3) to a defined benefit superannuation scheme; and

(ii) if paragraph 32C(2)(c) were disregarded - would not have been made in compliance with the choice of fund requirements if they had been actually (rather than notionally) made to the scheme; and

(b)    none of subsections 20B(2) , (3) and (4) apply to the employer for the employee, the scheme and the QE day; and

(c)    section 20D (relying on most recent Commissioner notification) does not apply to the contributions.

Note:

Paragraph 32C(2)(c) is a requirement for a fund to include a MySuper product.