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Superannuation Act 1916
10USalary sacrifice contributions
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#### 10U Salary sacrifice contributions
10U Salary sacrifice contributions
> > (1) The whole or part of an amount that is required to be contributed to the Fund by an employee under this Act may be paid by salary sacrifice contributions.
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> > (2) A salary sacrifice contribution is a contribution paid in accordance with an agreement between an employee and the employee’s employer under which the employee is to forgo remuneration yet to be earned and the remuneration foregone is to be applied by the employer to the amount payable for the employee contributions under this Act.
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> > (3) The amount payable to the Fund for a salary sacrifice contribution to meet the requirement for an employee contribution under this Act is to comprise the following—
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> > > (a) the amount necessary (taking into account any contributions not made on a salary sacrifice basis) to meet the required employee contribution under this Act (the contribution element),
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> > > (b) the amount necessary to meet any tax payable under Commonwealth taxation law in respect of the amount paid under paragraph (a).
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> > (4) A salary sacrifice contribution is to be paid within the same period as a contribution made by deduction from the salary or wage of a contributor under section 20.
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> > (5) In this Act and the regulations, a reference (however expressed) to any of the following is taken to include a reference to the contribution element of a salary sacrifice contribution in accordance with an agreement under this section—
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> > > (a) a contribution by an employee or a contributor,
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> > > (b) the cost to an employee or a contributor of a unit of pension,
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> > > (c) an instalment for a unit of pension paid by an employee or a contributor.
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> > (6) In this Act and the regulations, a reference (however expressed) to an employer contribution or an employer-financed portion of a benefit does not include a reference to a salary sacrifice contribution or any part of a benefit financed by a salary sacrifice contribution.
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> > (7) This section has effect despite any other provision of this Act.
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> **s 10U:** Ins 1976 No 101, Sch 3 (3). Rep 1993 No 111, Sch 6 (9). Ins 2007 No 28, Sch 3 \[4\].