Superannuation Guarantee (Administration) Regulations 2018

PART 6 - PAYMENTS OF AMOUNTS OF SHORTFALL COMPONENTS FOR THE BENEFIT OF EMPLOYEES  

SECTION 19   RESPONSES TO NOTICE OF A SHORTFALL COMPONENT  

19(1)    
This section applies to an employee who receives a notice under section 18 .

19(2)    
If the employee is under 55 years and has retired from the workforce because of permanent incapacity or permanent invalidity, the employee must lodge the documents mentioned in paragraph 66(b) of the Act.

19(3)    
If the employee has died, the legal personal representative of the deceased employee must lodge:

(a) written notice of the death, signed by the legal personal representative; and

(b) a copy of the death certificate of the deceased employee.

19(4)    
If subsections (2) and (3) do not apply, and the notice does not specify a relevant fund, the employee may:

(a) request in writing the responsible officers of a relevant fund to collect from the Commissioner the amount, or the sum of the amounts, of the shortfall component; or

(b) lodge a written nomination of a relevant fund.

19(5)    
If:

(a) subsections (2) and (3) do not apply; and

(b) the notice specifies a relevant fund; and

(c) the employee does not wish to have the amount, or the sum of the amounts, of the shortfall component paid into the relevant fund specified in the notice;

the employee may lodge a written nomination of another relevant fund.