37Preservation of entitlement

#### 37 Preservation of entitlement 37 Preservation of entitlement > > (1) If the amount of superannuation contribution that an owner was liable to pay for a mine worker employed by that owner immediately before the date of assent to the amending Act, in respect of any period on or after 1 July 2006, was higher than the amount that the owner is liable to pay after the amending Act commenced, then the owner continues to be liable to pay the superannuation contribution at the higher amount. > > > (2) For the purposes of subclause (1), an owner’s liability to pay a superannuation contribution includes a liability under any provision of the AUSCOAL Trust Deed or any other superannuation fund to which the owner contributes in respect of that mine worker, this Act or any other Act of the State or Commonwealth, but does not include— > > > > > (a) the requirement to contribute to Part 3 of the Fund under section 19 (2A) as in force immediately before the commencement of the amending Act and under section 19 (1) as inserted by the amending Act, or > > > > > (b) any liability to pay a salary sacrifice contribution. > > > (3) If an additional amount is payable pursuant to subclause (1), the owner must pay the contributions— > > > > > (a) in the case of a mine worker who contributes to Part 2 of the Fund—to the Corporate Trustee for crediting to that Part of the Amalgamated Fund, and > > > > > (b) in the case of a mine worker who has elected to contribute to a complying fund other than Part 2 of the Fund—to that fund. > > > (4) This clause also applies to any other owner who subsequently employs the mine worker. > > Note. > > Clause 37 preserves a mine worker’s right to a higher amount of employer contribution than is required under the [Superannuation Guarantee Charge Act 1992](http://www.legislation.gov.au/) and the [Superannuation Guarantee (Administration) Act 1992](http://www.legislation.gov.au/) of the Commonwealth if a higher amount of contribution was payable immediately before the date of assent to the amending Act. The entitlement extends back in respect of any period from 1 July 2006 and is continuing. The main categories of mine worker to which this clause relates are those for whom the owner paid a flat weekly rate contribution pursuant to the industrial agreements and those whose wages and salaries are excluded from the calculation of employer liability under the Commonwealth legislation, such as employees aged 70 years or over.