31The State's obligations to make contributions

31 The State's obligations to make contributions

S. 31(1) amended by No. 5/2019 s. 61(2).

(1) If this Division applies to the member, the State must make a contribution, in respect of the member, to the basic contributions fund of the member.

(2) Subject to subsection (3), the amount of the contribution is an amount equal to the greater of—

(a) the sum of the prescribed percentage of—

S. 31(2)(a)(i) amended by No. 5/2019 s. 61(3)(a).

(i) the amount of parliamentary salary to which the person is entitled; and

S. 31(2)(a)(ii) amended by No. 5/2019 ss 57(2), 61(3)(b).

(ii) the amount (if any) of additional salary to which the member is entitled because the Member was a specified parliamentary office holder; or

(b) the minimum amount necessary to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

(3) An election under section 41 to make member contributions by way of salary sacrifice does not affect the amount that would otherwise constitute parliamentary salary for the purpose of subsection (2)(a).

S. 31(3A) inserted by No. 5/2019 s. 61(4).

(3A) For the purposes of determining the amount of the contribution for the financial year ending 30 June 2019, the amount of parliamentary salary and the amount (if any) of additional salary to which the member is entitled is to be determined in respect of the whole of the financial year.

S. 31(4) amended by No. 37/2013 s. 10(1), substituted by No. 5/2019 s. 61(5).

(4) Despite anything to the contrary in this section, the member may request in writing that the State limit, to the amount specified in the request, employer contributions to the person's basic contributions fund to the extent that the basic contributions fund cannot receive those contributions without causing the member to exceed the concessional contributions cap published by the Australian Taxation Office in relation to superannuation contributions.

(5) The administering authority must comply with any requirements relating to the making of contributions under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

(6) The Superannuation Industry (Supervision) Act 1993 of the Commonwealth (including the regulations under that Act) apply in respect of contributions made under this Part.

S. 31(7) amended by No. 37/2013 s. 10(2).

(7) In this section, prescribed percentage means the percentage required under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth to ensure compliance with the minimum level of contributions required to be made by employers to avoid incurring a liability for a superannuation guarantee charge under that Act plus an additional 6%.