Can an employee request for company SG contributions to be paid to two separate super funds? 50% to COF and 50% to Corporate fund? Is there any legislation or ruling that specifies as an employer you have to allow for this?
Hi @kerri_morgan,
Your employee can request this, however, the difference is if you're obligated to do this under SG law. Under Super for employers and where to pay, the employer needs to offer the employee a choice of fund in the first instance. This is done by providing a Standard choice form.
Under Instructions for employees to complete this form - 'Important things to know - You can change the fund your employer pays your super into at any time by filling out this form and returning it to your employer.
Your employer is only required to accept one choice of fund from you in a 12-month period; however, they may choose to accept more. When you return this form to your employer, they will have two months to action your request.'
Meaning an employee can switch to a different super fund more then once during the financial year, but only if the employer agrees to it. The employer is only required to accept ONE choice of fund in a 12mnth period.
If you started employment from 1 November, if your employer does not pay to your choice fund, the employer must pay into your ‘stapled super fund’ or their employer nominated account if we tell them you do not have a stapled super fund.
If the employee does not want to elect a fund then the default fund of the employer is listed on the form.'
Whether you have further SG obligations under an award or agreement, you'd need to check with Fairwork.
Hi @kerri_morgan,
Your employee can request this, however, the difference is if you're obligated to do this under SG law. Under Super for employers and where to pay, the employer needs to offer the employee a choice of fund in the first instance. This is done by providing a Standard choice form.
Under Instructions for employees to complete this form - 'Important things to know - You can change the fund your employer pays your super into at any time by filling out this form and returning it to your employer.
Your employer is only required to accept one choice of fund from you in a 12-month period; however, they may choose to accept more. When you return this form to your employer, they will have two months to action your request.'
Meaning an employee can switch to a different super fund more then once during the financial year, but only if the employer agrees to it. The employer is only required to accept ONE choice of fund in a 12mnth period.
If you started employment from 1 November, if your employer does not pay to your choice fund, the employer must pay into your ‘stapled super fund’ or their employer nominated account if we tell them you do not have a stapled super fund.
If the employee does not want to elect a fund then the default fund of the employer is listed on the form.'
Whether you have further SG obligations under an award or agreement, you'd need to check with Fairwork.
Thank you Jodie for the response. However the question is more in relation to splitting the contributions payments each quarter between 2 different funds rather then how many times a team member can request a change per year.
Hi @kerrie_morgan,
Correct, we understood that. :) The fact the employer only has to accept one request within a 12month period can also lean toward only accepting one fund.
The Super legislation doesn't require an employer to pay super to multiple funds. In saying this, there's no reason why an employer couldn't do this, unless the applicable award, agreement, contract, etc, prevented it. On the flip side, if the applicable document, award, agreement, says the employer must pay to more than one fund if requested, then they should do so.
Hence, we'd recommend you check with Fairwork first, if there's a requirement for this to occur.
If you'd like further guidance, you can also email superadvice@ato.gov.au.
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