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s 4B

Salary sacrifice for superannuation purposes

In force

4B Salary sacrifice for superannuation purposes

(1)

In this section—

salary means basic salary and additional salary (if any).

(2)

A member of Parliament may elect to forego a percentage or amount of salary that would otherwise be paid to the member and instead have contributions made—

(a)

in the case of a non‑participating member—to the complying fund that applies in relation to the member under section 7E of the Parliamentary Superannuation

Act 1974; and

(b)

in any other case—to PSS 3, for superannuation purposes.

(3)

The election must—

(a)

be made in writing; and

(b)

be signed by the member; and

(c)

be furnished to the Treasurer.

(4)

The election must—

(a)

specify the percentage or amount of salary that is foregone;

and

(b)

specify the date from which the election is to have effect, being a date—

(i)

that is at least 14 days after the date on which the notice is furnished to the Treasurer; and

(ii)

that coincides with a date on which salary is actually due to be paid to the member; and

(c)

contain such other information (if any) as is required by the

Treasurer.

(6)

If an amount of salary is specified, it must be an amount of salary per pay period.

(7)

If a member has made an election under this section then, while the election has effect—

(a)

the salary to which the member would otherwise be entitled under this Act is reduced in accordance with the terms of the election;

and

(b)

the Treasurer must make contributions of amounts representing the amount of reduction for the benefit of the member—

(i)

in the case of a non‑participating member—to the complying fund that applies in relation to the member under section 7E of the Parliamentary Superannuation

Act 1974; and

(ii)

in any other case—in accordance with section 14C(2) of the Parliamentary Superannuation

Act 1974.

(8)

A member who has made an election under this section may vary the election from time to time in accordance with the regulations.

(9)

An election under this section will cease to have effect if—

(a)

the member dies; or

(b)

the member revokes the election by notice in writing furnished to the Treasurer in accordance with the regulations.

(10)

For the purposes of determining a percentage of salary under this section, any amount that may be deducted from salary under section 4A or

6A(2) will be disregarded.

(11)

A member who has made an election under this section must—

(a)

pay to the Treasurer an administrative charge of an amount fixed by the Treasurer at intervals, and in a manner, specified by the Treasurer;

and

(b)

if required by the Treasurer, enter into an arrangement specified by the Treasurer under which the member indemnifies the Crown with respect to—

(i)

any income tax or other taxation liability whatsoever (including any administrative penalty, fine or other amount) that may become payable pursuant to any relevant taxation legislation or ruling; and

(ii)

any other liability that may arise on account of the member's decision to sacrifice salary under this section.

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