254BPayment for superannuation contributions for councillors

#### 254B Payment for superannuation contributions for councillors 254B Payment for superannuation contributions for councillors > > (1) A council may make a payment (a superannuation contribution payment) as a contribution to a superannuation account nominated by a councillor, starting from the financial year commencing 1 July 2022. > > > (2) The amount of a superannuation contribution payment is the amount the council would have been required to contribute under the Commonwealth superannuation legislation as superannuation if the councillor were an employee of the council. > > > (3) A superannuation contribution payment is payable with, and at the same intervals as, the annual fee is payable to the councillor. > > > (4) A council is not permitted to make a superannuation contribution payment— > > > > > (a) unless the council has previously passed a resolution at an open meeting to make superannuation contribution payments to its councillors, or > > > > > (b) if the councillor does not nominate a superannuation account for the payment before the end of the month to which the payment relates, or > > > > > (c) to the extent the councillor has agreed in writing to forgo or reduce the payment. > > > (5) The Remuneration Tribunal may not take superannuation contribution payments into account in determining annual fees or other remuneration payable to a mayor or other councillor. > > > (6) A person is not, for the purposes of any Act, taken to be an employee of a council and is not disqualified from holding civic office merely because the person is paid a superannuation contribution payment. > > > (7) A superannuation contribution payment does not constitute salary for the purposes of any Act. > > > (8) Sections 248A and 254A apply in relation to a superannuation contribution payment in the same way as they apply in relation to an annual fee. > > > (9) In this section— > > > > Commonwealth superannuation legislation means the [Superannuation Guarantee (Administration) Act 1992](http://www.legislation.gov.au/) of the Commonwealth. > > > > superannuation account means an account for superannuation or retirement benefits from a scheme or fund to which the Commonwealth superannuation legislation applies. > > **s 254B:** Ins 2021 No 11, Sch 1.3.