Superannuation Guarantee (Administration) Act 1992
View history note
Hide history noteThis section applies if there is more than one benefiting employee. In this situation, separate shortfall components are worked out for each of the benefiting employees.
64B(2)
The shortfall component for a payment, in respect of a particular employee, is the employee ' s proportion of the lesser of the following amounts: (a) the amount of the payment; (b) the amount of the total employee entitlement, calculated at the time when the payment is made.
64B(3)
Subject to subsection (3A), an employee ' s proportion of an amount is the following proportion:
| Employer
'
s individual superannuation guarantee
shortfall for the employee for the quarter Total of the employer ' s individual superannuation guarantee shortfalls for the quarter |
[ CCH Note: S 64B(3) will be substituted by No 57 of 2025, s 3 and Sch 1 item 20, effective 1 July 2026. For application and transitional provisions, see note under s 16 . S 64B(3) will read:
64B(3)
Subject to subsection (3A) , an employee ' s proportion of an amount is the following proportion:
Total of the employer ' s individual final superannuation guarantee shortfall, individual notional earnings component and choice loading for the employee and the QE day specified in the assessment Total of the employer ' s individual final superannuation guarantee shortfalls, individual notional earnings components and choice loadings for all employees and the QE day specified in the assessment]
64B(3A)
The Commissioner may vary an employee ' s proportion of an amount if the amount of the charge payment has been affected by: (a) the application of the monetary limit imposed by subsection 556(1A) of the Corporations Act 2001 in respect of the employee; or (b) the application of the monetary limit imposed by paragraph 109(1)(e) of the Bankruptcy Act 1966 in respect of the employee.
64B(4)
The total employee entitlement , calculated at a particular time, is the sum of the following amounts: (a) the employer ' s individual superannuation guarantee shortfalls for the quarter; (b) any general interest charge, in respect of non-payment of superannuation guarantee charge payable on those shortfalls, that has been paid by, or is payable at, the particular time; (c) any nominal interest component for the quarter that has been paid by, or is payable at, the particular time;
reduced (but not below zero) by the amounts of any previous payments to which this Part applies that relate to the same quarter, employer and employees.
[ CCH Note: S 64B(4) will be substituted by No 57 of 2025, s 3 and Sch 1 item 21, effective 1 July 2026. For application and transitional provisions, see note under s 16 . S 64B(4) will read:
]
64B(4)
The total employee entitlement , calculated at a particular time in relation to the assessment, is the sum of the following amounts:
(a) the total of the employer ' s individual final superannuation guarantee shortfalls for all employees and the QE day specified in the assessment;
(b) the total of the employer ' s individual notional earnings components for all employees and the QE day;
(c) the total of the employer ' s choice loadings for all employees and the QE day;
(d) so much of any general interest charge as:
(i) relates to non-payment of superannuation guarantee charge payable in relation to the totals in paragraphs (a) , (b) and (c) ; and
(ii) has been paid by, or is payable at, the particular time;reduced (but not below zero) by the amounts of any previous payments to which this Part applies that relate to the QE day, employer and employees.
Note:
The employee ' s entitlement does not include so much of any general interest charge as relates to the employer ' s administrative uplift amount for the QE day (see subparagraph (d)(i) ).
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