Taxation Laws Amendment (Superannuation) Act 1992 (208 of 1992)

Part 4   AMENDMENT OF THE SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992

Division 2   Amendments relating to notional earnings base

78   Interpretation: notional earnings base where employer contributing to superannuation fund for benefit of employee immediately before 21 August 1991

Section 13 of the Principal Act is amended:

(a) by inserting after paragraph (1)(a) the following paragraph:
        

"(ab) where the employer is contributing to the fund in accordance with a law of the Commonwealth, a State or a Territory for the benefit of the employee in relation to a contribution period and:

(i) was so contributing immediately before 21 August 1991; or

(ii) was contributing to the fund in accordance with the law in question for the benefit of another employee immediately before 21 August 1991;";

(b) by omitting subsection (2) and substituting the following subsection:
        

"(2) Subject to subsections (3) and (4), the expression 'notional earnings base' means the reference earnings in relation to the employee that, under the award, arrangement, law or scheme as in force on:

(a) the first day of the contribution period; or

(b) the first day of employment;

whichever is the later, constitute the earnings by reference to which the requisite employer contribution is to be calculated in relation to the employee.";

(c) by inserting in subsection (4) ", law" after "arrangement";
        

(d) by adding at the end the following subsection:
        

"(5) In this section:

'reference earnings', in relation to an employee, means:

(a) if the employer is contributing for the benefit of the employee in accordance with an industrial award, or a law of the kind referred to in paragraph (1)(ab) (other than this Act), that specifies the requisite employer contribution by reference to the earnings of a member of a class of employees identified by the award or law-those earnings; and

(b) in any other case-the earnings of the employee.".