Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPERANNUATION ACT 1976 - SECT 186

Existing contributors under 40 years of age contributing less than 5% of salary

  (1)   A reference in subsection   (3), (5), (6) or (9) to the notional basic contribution applicable to an existing contributor on a particular day shall be read as a reference to the amount that would, but for subsection   (2) or (4), be the amount of his or her basic contribution on that day.

  (2)   Where the amount of the previous contribution (excluding contribution for reserve units) of an existing contributor who has not attained the age of 40 years on the commencing day is less than four - fifths, but not less than three - fifths, of the amount that, but for this subsection, would be the amount of the basic contribution required to be made by him or her on the first contribution day, section   46 applies in relation to him or her in respect of each contribution day occurring before or on the anniversary of his or her birth next following the commencing day as if:

  (a)   the reference in section   46 to 5 per centum were a reference to 4 per centum; and

  (b)   the reference in that section to 10 cents were a reference to 8 cents.

  (3)   Where an existing contributor referred to in subsection   (2) makes an election under subsection   48(1) before the anniversary of his or her birth next following the commencing day, then, for the purpose of calculating the amount of the supplementary contribution payable by the contributor on a contribution day occurring before or on that anniversary:

  (a)   section   49 has effect as if the reference in that section to the basic contribution payable by the contributor on a contribution day were a reference to the notional basic contribution applicable to him or her on that day; and

  (b)   if the factor specified in the election is 5 and the contributor requests in the election that this paragraph apply in relation to the election--the election shall, for the purposes of section   49, be treated as if the factor specified in the election were 6.

  (4)   Where the amount of the previous contribution (excluding contribution for reserve units) of an existing contributor who had not attained the age of 40 years on the commencing day is less than three - fifths of the amount that, but for this subsection, would be the amount of the basic contribution required to be made by him or her on the first contribution day:

  (a)   section   46 applies in relation to him or her in respect of each contribution day occurring before or on the anniversary of the contributor's birth next following the commencing day as if:

  (i)   the reference in section   46 to 5 per centum were a reference to 3 per centum; and

  (ii)   the reference in that section to 10 cents were a reference to 6 cents; and

  (b)   section   46 applies in relation to the contributor in respect of each contribution day occurring after that anniversary of the contributor's birth and before or on the anniversary of the contributor's birth next following that anniversary as if:

  (i)   the reference in section   46 to 5 per centum were a reference to 4 per centum; and

  (ii)   the reference in that section to 10 cents were a reference to 8 cents.

  (5)   Where an existing contributor referred to in subsection   (4) makes an election under subsection   48(1) before the anniversary of his or her birth next following the commencing day, then, for the purpose of calculating the amount of supplementary contribution payable by him or her on a contribution day occurring before or on the anniversary of his or her birth next following that first - mentioned anniversary:

  (a)   section   49 has effect as if the reference in that section to the basic contribution payable by the contributor on a contribution day were a reference to the notional basic contribution applicable to the contributor on that day; and

  (b)   if the factor specified in the election is 5 and the contributor requests in the election that this paragraph apply in relation to him or her--the election shall, for the purposes of section   49, be treated:

  (i)   if the contribution day occurs before that first - mentioned anniversary--as if the factor specified in the election were 7; and

  (ii)   if the contribution day occurs on or after that first - mentioned anniversary--as if the factor specified in the election were 6.

  (6)   Where an existing contributor referred to in subsection   (4) makes an election under subsection   48(1) on or after the anniversary of his or her birth next following the commencing day but before the anniversary of his or her birth next following that first - mentioned anniversary, then, for the purpose of calculating the amount of the supplementary contribution payable by the contributor on a contribution day occurring before or on that later anniversary:

  (a)   section   49 has effect as if the reference in that section to the basic contribution payable by the contributor on a contribution day were a reference to the notional basic contribution applicable to him or her on that day; and

  (b)   if the factor specified in the election is 5 and the contributor requests in the election that this paragraph apply in relation to him or her--the election shall, for the purposes of section   49, be treated as if the factor specified in the election were 6.

  (7)   A contributor who has made a request referred to in paragraph   (3)(b), (5)(b) or (6)(b) may, by notice in writing to CSC, revoke the request and, where a contributor revokes such a request, whichever of those paragraphs is relevant shall cease to apply to him or her as from the contribution day next following the date of the instrument of revocation.

  (8)   Where the anniversary of the birth of an existing contributor falls on the commencing day or on any subsequent day before the first contribution day, the preceding provisions of this section shall apply in relation to him or her with such modifications (if any) as are prescribed.

  (9)   Where the amount of the previous contribution (including contribution for reserve units) of an existing contributor who has not attained the age of 40 years on the commencing day is less than the amount of notional basic contribution applicable to him or her on that day, he or she shall, in addition to any supplementary contributions which he or she is required to pay to CSC by virtue of an election made by him or her under subsection   48(1), pay to CSC such additional contributions (if any) as are ascertained in accordance with the regulations and any contributions so paid shall, for the purposes of this Act, be deemed to be supplementary contributions paid under section   48.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback