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
79 Interpretation: notional earnings base where employer not contributing to superannuation fund for benefit of employee immediately before 21 August 1991
Section 14 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 but was not so contributing immediately before 21 August 1991 for the benefit of any employee;";
(b) by inserting in subsection (2) "(2A), (2B)," and ", law" after "subsections" and "arrangement" respectively;
(c) by inserting after subsection (2) the following subsections:
"(2A) If:
(a) the employer is contributing for the benefit of the employee to the fund in accordance with an industrial award, or a law of a kind referred to in paragraph (1)(ab), that was operative immediately before 21 August 1991; and
(b) section 13 would operate to determine a notional earnings base in relation to the employee if the employer had been so contributing immediately before 21 August 1991;
the notional earnings base in relation to the employee is the notional earnings base referred to in paragraph (b).
"(2B) If:
(a) the employer is contributing for the benefit of the employee to the fund in accordance with the agreement referred to in Order No. 292 of 1992 of the Coal Industry Tribunal of New South Wales and known as the New South Wales Coal Mining Industry Statutory Superannuation Fund (Salary Sacrifice) Agreement; and
(b) section 13 would operate to determine a notional earnings base in relation to the employee if the employer had been so contributing immediately before 21 August 1991;
the notional earnings base in relation to the employee is the notional earnings base referred to in paragraph (b).";
(d) by inserting in subsection (3) ", a law of a kind referred to in paragraph (1)(ab)" after "arrangement".
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