Superannuation (CSS) (Superannuation Guarantee) Regulations 2008

Select Legislative Instrument 2008 No. 165 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 1 July 2011
taking into account amendments up to SLI 2011 No. 131

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions 

 4 Application of Regulations 

 5 Superannuation guarantee — minimum contribution 

Notes   

1 Name of Regulations [see Note 1]

  These Regulations are the Superannuation (CSS) (Superannuation Guarantee) Regulations 2008.

2 Commencement [see Note 1]

  These Regulations commence on the day after they are registered.

3 Definitions

  In these Regulations:

Act means the Superannuation Act 1976.

ordinary time earnings has the same meaning as in subsection 6 (1) of the Superannuation Guarantee (Administration) Act 1992.

quarter has the same meaning as in subsection 6 (1) of the Superannuation Guarantee (Administration) Act 1992.

4 Application of Regulations

  If a person became entitled to payment of a benefit in accordance with either or both of:

 (a) the Act; and

 (b) regulations made under the Act;

in the period starting on 1 July 2008 and ending immediately before the date on which these Regulations commence, the amount of the benefit payable to the person is, on the commencement of these Regulations, increased by an amount equivalent to the difference, if any, between the benefit that the person was actually entitled to receive and the benefit that the person would have been entitled to receive had these Regulations commenced on 1 July 2008.

5 Superannuation guarantee — minimum contribution

 (1) For subsection 155C (1) of the Act, this regulation is made for the purpose of ensuring that an employer does not have an individual superannuation guarantee shortfall (within the meaning of the Superannuation Guarantee (Administration) Act 1992) in relation to a person in respect of any period, on or after 1 July 2008, during which the person is an eligible employee.

 (2) Despite subsection 110SC (1) of the Act, the SG minimum contribution in relation to the eligible employee and in respect of the period is:

 (a) 9% of the eligible employee’s ordinary time earnings for each quarter or part of a quarter occurring in the period; or

 (b) the percentage of the eligible employee’s ordinary time earnings determined under subregulation (3) for each quarter or part of a quarter occurring in the period.

 (3) CSC may, by determination in writing, vary the percentage mentioned in paragraph (2) (a).

 (4) In making a determination, CSC is to have regard to the charge percentage as specified in subsection 19 (2) of the Superannuation Guarantee (Administration) Act 1992.

 (5) A determination by CSC under subregulation (4) takes effect on:

 (a) a day stated in the determination; or

 (b) if no day is stated — the day on which the determination is made.

 (6) To the extent to which subregulation (2) applies, the definition of SG minimum contribution in subsection 110SB (1) of the Act is taken to refer to subregulation (2) rather than to section 110SC of the Act.

Notes to the Superannuation (CSS) (Superannuation Guarantee) Regulations 2008

Note 1

The Superannuation (CSS) (Superannuation Guarantee) Regulations 2008 (in force under the Superannuation Act 1976) as shown in this compilation comprise Select Legislative Instrument 2008 No. 165 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments