in the period starting on 1 July 2008 and ending immediately before the date on which these Regulations commence, the amount of the benefit payable to the person is, on the commencement of these Regulations, increased by an amount equivalent to the difference, if any, between the benefit that the person was actually entitled to receive and the benefit that the person would have been entitled to receive had these Regulations commenced on 1 July 2008.
(1)For the purposes of subsection 155C(1) of the Act, this regulation is made for the purpose of ensuring that an employer does not, in relation to a person, have:
(a)in respect of any period between 1 July 2008 and 30 June 2026 during which the person is an eligible employee—an individual superannuation guarantee shortfall (within the meaning of the old Superannuation Guarantee (Administration) Act 1992) for the person; and
(b)an individual base superannuation guarantee shortfall that is greater than nil for:
(i)the person; and
(ii)a QE day that is 1 July 2026 or a later day;
while the person was an eligible employee.
Note 1: For paragraph (a), subitem 183(2) of Schedule 1 to the Treasury Laws Amendment (Payday Superannuation) Act 2025 provides, among other things, that subsection 155C(1) of the Superannuation Act 1976, as in force immediately before 1 July 2026, continues to apply on and after 1 July 2026 to individual superannuation guarantee shortfalls relating to a quarter ending before 1 July 2026.
Note 2: For paragraph (b) and subsection (3B), individual base superannuation guarantee shortfall and QE day are defined in the Act. Those definitions apply to this instrument (see paragraph 13(1)(b) of the Legislation Act 2003).
(2)Despite subsection 110SC(1) of the Act, the SG minimum contribution in relation to a person in respect of a period between 1 July 2008 and 30 June 2013 during which the person is an eligible employee is 9% of the eligible employee’s ordinary time earnings for each quarter or part of a quarter occurring in the period.
(3)Despite subsection 110SC(1) of the Act, the SG minimum contribution in relation to a person in respect of a period between 1 July 2013 and 30 June 2023 during which the person is an eligible employee is:
where:
S is the SG minimum contribution for the eligible employee.
P is the number specified as the charge percentage in the table in subsection 19(2) of the old Superannuation Guarantee (Administration) Act 1992 for the period.
(3A)Despite subsection 110SC(1) of the Act, the SG minimum contribution in relation to a person in respect of a period between 1 July 2023 and 30 June 2026 during which the person is an eligible employee is:
where:
S is the SG minimum contribution for the eligible employee.
E is the eligible employee’s ordinary time earnings base (within the meaning of subsection 23(2) of the old Superannuation Guarantee (Administration) Act 1992) for each quarter or part of a quarter occurring in the period.
P is the number specified as the charge percentage in the table in subsection 19(2) of the old Superannuation Guarantee (Administration) Act 1992 for the period.
(3B)Despite section 110SC of the Act, the SG minimum contribution in respect of the person for the QE day (being the QE day mentioned in paragraph (1)(b) of this regulation) is equal to the employer’s individual superannuation guarantee amount (within the meaning of the Superannuation Guarantee (Administration) Act 1992) for the person and the QE day.
(4)The definition of SG minimum contribution in subsection 110SB(1) of the Act is taken to refer:
(a)to the extent that subregulation (2) applies—to subregulation (2) rather than to section 110SC of the Act; and
(b)to the extent that subregulation (3) applies—to subregulation (3) rather than to section 110SC of the Act; and
(c)to the extent that subregulation (3A) applies—to subregulation (3A) rather than to section 110SC of the Act; and
(d)to the extent that subregulation (3B) applies—to subregulation (3B) rather than to section 110SC of the Act.
6Application of amendments made by the Superannuation Legislation Amendment (CSS) Regulations2023#
The amendments of regulation 5 made by Schedule 1 to the Superannuation Legislation Amendment (CSS) Regulations2023 apply in relation to a person in respect of a period on and after 1 July 2023.