EXPLANATORY STATEMENT
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE AND ADMINISTRATION
SUPERANNUATION (PRODUCTIVITY BENEFIT) ACT 1988
DECLARATION UNDER PARAGRAPH 3E(1)(b)
SUPERANNUATION (PRODUCTIVITY BENEFIT) (2007-2008 SECOND INTEREST FACTOR) DECLARATION 2007
SECOND INTEREST FACTOR
The Superannuation (Productivity Benefit) Act 1988 (the PB Act) provides the mechanism by which the Superannuation Guarantee (SG) minimum employer superannuation contribution is made for Australian Government employees and certain other persons (employees) who have no other employer-sponsored superannuation cover. Prior to 1 July 1992, the PB Act provided productivity superannuation to these employees.
The PB Act was amended by the Superannuation (Consequential Amendments) Act 2005 to close the superannuation arrangements under that Act to new employees from 1 July 2006. However, the PB Act will continue to apply to employees covered by the Act as at 30 June 2006 until they no longer meet the qualifications for PB Act coverage (i.e. because they cease relevant employment or, if eligible, become members of an Australian Government superannuation scheme). The annual revision of instruments setting amounts payable by employers on behalf of employees will therefore need to continue until those employees no longer meet the qualifications for PB Act coverage.
Since 1 July 1990, the designated employers of employees covered by the PB Act arrangements have been required to pay periodic contributions in respect of those employees to a superannuation fund nominated or approved by the Minister for Finance and Administration. More recently, where the employee is eligible, employers have been able to pay contributions to another regulated superannuation fund as defined by the Superannuation Industry (Supervision) Act 1993. The contribution rates are set down in the PB Act or in instruments under the PB Act.
Employers are also required to pay to the same fund, on a once only basis, any entitlement accrued by the employee under the then Superannuation Benefit (Interim Arrangement) Act 1988 in respect of employment with that employer before 1 July 1990.
The contributions provided for under the PB Act are guaranteed to employees where an employer fails to join an employee to a fund. The employer is required to pay extra amounts as interest on those contributions, to take account of loss of interest arising because contributions have not been paid to a fund on behalf of the employee.
Paragraph 3E(1)(b) of the PB Act requires the Minister to declare, before each financial year, the factor ascertained using a specified formula that is to be the declared second interest factor for that year. Subsection 3E(2) of the PB Act provides that the formula is to involve the use of a rate specified in the declaration and may contain a variable that depends on the period, or another aspect, of the employment of the person in relation to whom the factor is to apply.
The second interest factor is used in subsection 8A(2) of the PB Act to determine the interest that is to accrue on past accumulations (from preceding financial years) during all or part of a financial year including:
- the amount accrued under the Superannuation Benefit (Interim Arrangement) Act 1988 up to 30 June 1990;
- contributions which should have been paid (but were not) under the PB Act to a superannuation fund from 1 July 1990; and
- amounts which would have accumulated as interest on contributions which were due to be paid under the PB Act in financial years following 1 July 1990 up to the end of the financial year in which the payment is made.
This Declaration, cited as the Superannuation (Productivity Benefit) (2007-2008 Second Interest Factor) Declaration 2007, specifies the second interest factor to be used for the 2007-2008 financial year. The second interest factor has been updated to apply the 10 year Treasury Bond rate for April 2007, as published by the Reserve Bank of Australia, of 5.88% expressed as a decimal.
The second interest factor provides for interest to accrue on a daily basis on each amount which had accrued prior to the date on which the person became a member of a fund or became entitled to a benefit under the PB Act.
The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LI Act).
No consultation was undertaken in relation to this Declaration. In accordance with paragraph 18(2)(a) of the LI Act, consultation was considered to be unnecessary because the instrument is of a minor or machinery nature.
The Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Superannuation (Productivity Benefit) Act 1988, enacted by the Parliament of Australia, establishes a mechanism for the Superannuation Guarantee (SG) minimum employer superannuation contribution for Australian Government employees and certain other individuals who do not have other employer-sponsored superannuation cover. The Act was introduced to address the gap in superannuation arrangements for these specific groups prior to 1 July 1992. The Superannuation (Productivity Benefit) (2007-2008 Second Interest Factor) Declaration 2007, issued by the Minister for Finance and Administration, specifies the second interest factor to be used for the 2007-2008 financial year, updating it to reflect the 10-year Treasury Bond rate of 5.88% as published by the Reserve Bank of Australia. This legislative instrument ensures the continued application of interest accruals on past accumulations and contributions under the Act, thereby maintaining the integrity and functionality of the superannuation arrangements for the affected employees.
Scope and Application
The Superannuation (Productivity Benefit) (2007-2008 Second Interest Factor) Declaration 2007 applies to employers who are required to make contributions to superannuation funds under the Superannuation (Productivity Benefit) Act 1988 (PB Act). This Act governs the minimum employer superannuation contributions for Australian Government employees and certain other individuals without employer-sponsored superannuation cover. The Declaration specifically addresses the calculation of the second interest factor, which is used to determine the interest that accrues on past superannuation accumulations for employees covered by the PB Act. The geographic reach of the Act is national, applying across Australia to all employers subject to its provisions. The Act will continue to apply to employees who were covered by the productivity superannuation arrangements as of 30 June 2006 until they cease to meet the qualification criteria for coverage. The Declaration is a legislative instrument under the Legislative Instruments Act 2003 and sets the second interest factor for the 2007-2008 financial year at 5.88%, based on the 10-year Treasury Bond rate for April 2007 published by the Reserve Bank of Australia.
Key Provisions
The Superannuation (Productivity Benefit) (2007-2008 Second Interest Factor) Declaration 2007 (sections 1-4) sets out the specific second interest factor for the financial year 2007-2008 as stipulated by the Superannuation (Productivity Benefit) Act 1988 (PB Act). According to subsection 3E(1)(b) of the PB Act, the Minister for Finance and Administration is required to declare this factor before each financial year, using a formula that incorporates a specified rate. For the financial year in question, the factor is determined using the 10-year Treasury Bond rate for April 2007, published by the Reserve Bank of Australia, which was 5.88% expressed as a decimal. This rate is integral for calculating interest that accrues on past accumulations and contributions from preceding financial years.
The Act imposes certain obligations on employers covered by the PB Act. Under section 8A(2), employers must ensure periodic contributions are made to a superannuation fund nominated or approved by the Minister for Finance and Administration on behalf of eligible employees. This obligation extends to making any necessary payments to settle any accrued entitlements under the Superannuation Benefit (Interim Arrangement) Act 1988. Employers are also required to pay additional amounts as interest on these contributions to compensate for any loss of interest due to delayed payments. Additionally, the Act ensures that employees' contributions are guaranteed, even if the employer fails to join them to a fund.
The PB Act outlines specific offences and penalties for non-compliance. Employers who fail to make the required contributions or payments are subject to financial penalties. These penalties are designed to enforce compliance and ensure that employees receive their entitled superannuation benefits. While the Act does not specify maximum penalties within the Declaration itself, it is understood that breaches of superannuation obligations under Australian law can result in significant financial penalties, including fines and interest on unpaid amounts.
Civil and criminal consequences can also arise from non-compliance with the PB Act. Employers who persistently fail to meet their obligations may face legal action, including court orders for compliance or compensation. The severity of penalties can vary based on the extent and nature of the breach, with potential for both civil and criminal proceedings. Employers are therefore encouraged to ensure strict adherence to the Act’s requirements to avoid these consequences.