Superannuation
109A Superannuation
(1) A council may, by unanimous resolution, decide to make superannuation contribution payments to its members.
(2) Subject to subsection (5), a council may make a superannuation contribution payment to a superannuation account nominated by a member if the council has passed a resolution under subsection (1).
(3) The amount of a superannuation contribution payment made to a member is the amount the council would have been required to contribute under the Superannuation Guarantee (Administration) Act 1992 (Cth) as superannuation if:
the member were an employee of the council; and
(b) the allowance payable to the member under section 106 were salary or wages of the member for the purposes of that Act.
(4) A superannuation contribution payment is payable to a member with, and at the same intervals as, the allowance payable to the member under section 106.
(5) A council must not make a superannuation contribution payment to a member under this section if:
(a) the member does not nominate a superannuation account for the payment; or
(b) the member requests the council in writing not to make the payment.
(6) The Remuneration Tribunal or the Minister must not take superannuation contribution payments into account when determining the allowance or allowances to be paid to members under section 106.
(7) A person is not, for the purposes of any Act, taken to be an employee of a council and is not disqualified from holding any office merely because the person is paid a superannuation contribution payment under this Act.
(8) A superannuation contribution payment does not constitute salary for the purposes of any Act.
(9) A superannuation contribution payment is not payable for any period during which a member's allowance is suspended or withheld under this Act.
In this section:
superannuation account means an account for superannuation or retirement benefits from a scheme or fund to which the Superannuation Guarantee (Administration) Act 1992 (Cth) applies.
superannuation contribution payment means a payment as a contribution to a superannuation account nominated by the member receiving the payment.
This Act’s bill:Explanatory statementSecond reading speech
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