Questions

 

  1. I am an NCSF Employer, what should I be doing?
  2. How do I know who is eligible?
  3. I am not sure what award covers my employees, what should I do?
  4. What is a Standard choice form?
  5. When must a Standard choice form be given?
  6. What information does my employee need to give me?
  7. Is there a time limit that my employees have to make a decision by?
  8. Can an employee choose a self-managed fund as their choice fund?
  9. How long do I have to make payments into my employee's chosen Fund?
  10. What is the "employer" fund (or "default" fund)?
  11. What will happen it I don't offer my employees choice of fund?
  12. What information and advise can I give to my employees about choosing a superannuation fund?
  13. Can I give my employees financial advice?
  14. Where can I go to for additional help?

 

Answers

 

1. I am an NCSF Employer, what should I be doing?

  • Step 1: For new employees, they must be supplied with a Standard choice form within 28 days of starting work.
  • Step 2: Act on the employee’s choice within two months of their selection. If the employee has not chosen a fund, pay their contributions to the ‘employer fund’(default fund) you have selected. 
  • Step 3: Maintain records for 5 years to show that you have met your choice of fund obligations.

There is information available from the Australian Taxation Office (ATO) to help you with each of these steps – call 13 28 64 or go to www.superchoice.gov.au

Back to top

 

2. How do I know who is eligible?

Whether a particular employee is eligible for choice of fund depends on their particular employment arrangements.

We cannot tell you whether you do or do not have to offer choice to your employees. If you need help with this, we strongly recommend that you contact your employer organisation or seek advice from relevant state and Federal government bodies – including the ATO on 13 28 64 or www.superchoice.gov.au

In very general terms, you must offer choice of superannuation fund to an employee unless you make superannuation contributions for them under:

  • An Australian workplace agreement (AWA) or a certified agreement under the Workplace Relations Act 1996 or the Industrial Relations Act 1988, or
  • A state industrial award or state industrial agreement (but note that employees under Western Australian awards and agreements are entitled to choice of fund under WA law).

There will also be public servants and individuals working for Government agencies who will not need to be offered choice.

If you are an employer sponsor of a particular defined benefit fund, you may not have to offer employees a choice of superannuation fund.

If an employee is engaged under a federal award the employer must offer choice whether or not that award requires contributions to be made to a specific superannuation fund.

Back to top

 

3. I am not sure what award covers my employees, what should I do?

If you are not sure what award or industrial agreement, if any, your employees are covered by, they can check with your employer association or www.wagenet.gov.au (for Federal awards and agreements, and links to information on State awards and State industrial agreements), or phone the workplace relations department in your state or territory.

Back to top

 

4. What is a Standard choice form?

The Standard choice form is an ATO approved form that employers must give to their employees.  The form sets out details of the fund you will pay contributions to if the employee does not choose their own fund, and lists the information that an employee must give to the employer if they do wish to choose a fund.  You may use an alternative document if you do not wish to use the ATO format; however it must contain the same information.

Back to top

 

5. When must a Standard choice form be given?

For new eligible employees starting after 1 July 2005, you must provide a Standard choice form within 28 days of them commencing work.


A Standard choice form must also be given to affected employees, within 28 days, if you: 

  • Receive a written request from an employee asking for a Standard choice form, (unless you have given the employee a Standard choice form within the previous 12 months)
  • Become aware that you are unable to contribute to an employee’s chosen fund 
  • Become aware that the employee’s chosen fund has ceased to be complying fund 
  • Change your ‘employer fund’

If an eligible employee chooses a fund and notifies you in writing with all the necessary information before the 28-day time period for giving a Standard choice form expires, you should act on that choice. In that situation, you do not need to give them a Standard choice form.

Back to top


6. What information does my employee need to give me?

When an employee chooses a fund, they must provide you with the following WRITTEN information: 

  • The full name and contact details of the fund;
  • The employee’s account/membership number in the fund and any other unique identifier that the fund uses to refer to the employees account: 
  • The fund’s Australian Business Number or "ABN";
  • What methods you can use to make the superannuation contributions to the fund and any necessary details to enable the payment to be made; 
  • The fund’s superannuation product identification number or “SPIN” (if any); 
  • The unique identifier (if any) that you use to refer to the employee (such as a payroll number); 
  • A written statement from the fund declaring that the fund is a resident regulated fund and will accept your contributions for the employee.

Employees do not have to return the Standard choice form you gave them; they can provide the required information in any other written form. However, you may wish to encourage employees to use the Standard choice form, because it will make your record keeping easier. It will also help ensure that employees provide you with all the required information.

Back to top

 

7. Is there a time limit that my employees have to make a decision by?

There is no time limit placed upon an employee to make a decision.   If an employee has not made a choice, you must pay their contributions to the ‘employer fund’ (default fund) you have selected and named in the Standard choice form you gave the employee.

Back to top 

 

8. Can an employee choose a self-managed fund as their chosen fund?

Yes.  An employee can choose a complying self managed superannuation fund.

Back to top

 

9. How long do I have to make payments into my employee’s chosen Fund?

You have two months from the date the employee provides you with all the information necessary for them to make a valid choice of fund. Once this period has elapsed, you may no longer contribute to your chosen ‘employer’ (or ‘default’) fund. 

Back to top

 

10. What is the ‘employer’ fund (or ‘default’ fund)?

The superannuation fund where you (the employer) will make your employee’s superannuation guarantee contributions if your employee does not choose a fund where these contributions can be made.

The employer fund must be named on the Standard choice form to employees. (The ATO refer to this fund as the ‘employer fund’, although it has also been described in the industry as the employer’s ‘default fund’.)

The ‘employer fund’ is not necessarily a ‘corporate’ or ‘in-house’ fund. It can generally be any Retirement Savings Account or any complying superannuation fund that offers a minimum level of life insurance to members (this is subject to a number of exceptions).

In order to meet these life insurance requirements and qualify as an ‘employer fund’, the fund must offer life insurance for members: 

  • At a premium of at least $0.50 per week for those under 56 years of age; or
  • With certain minimum insured benefits, based on the member’s age.

There are several exceptions to these insurance requirements, for example: 

  • If the existing fund the employer contributes to does not meet the minimum premium/minimum benefit conditions, the employer can still use that fund as their ‘employer fund’ until 30 June 2008. 
  • If the ‘employer fund’ selected by the employer is a Retirement Savings Account, it need not offer any insurance at all. 
  • The employer can also arrange for insurance cover for the employee, outside the selected ‘employer fund’, provided that cover meets the minimum premium/minimum benefit conditions. 
  • The selected fund may not provide insurance for a particular employee as a result of their occupation, health or hours worked.

 

Employers should confirm the insurance offered to members before selecting any fund as their ‘employer fund’.

An employer can select a different ‘employer fund’ for different categories of employees if they wish – for example one ‘employer fund’ for management and another for other staff.

If you change your ‘employer fund’, you must notify all employees who had contributions paid into the ‘old’ fund by giving them a new Standard choice form within 28 days of the change.

Back to top

 

11. What will happen if I don’t offer my employees choice of fund?

The ATO can impose penalties if you do not meet your choice of fund obligations – for example, if you pay an employee’s contributions to a fund other than the fund they choose. The penalty that may apply is roughly about 25% of the contributions that are paid into the ‘incorrect’ fund.

The maximum penalty that can be imposed in relation to each individual employee is subject to some limits. The ATO has stated that it may, in the first year of choice of fund - waive penalties if an employer demonstrates that they have made a genuine effort to comply with the choice requirements. If, however, the employer has not made any attempts to comply with this legislation, penalties may be enforced.

If you need information about the potential penalties for breach of the choice requirements, contact the ATO helpline on 13 28 64 or go to www.superchoice.gov.au

Back to top

 

12. What information and advice can I give to my employees about choosing a superannuation fund?

You can provide factual information to an employee about:

  • Your obligations under choice of fund
  • What the employee can do to nominate a superannuation fund as their chosen fund

You may wish to refer your employees to www.superchoice.gov.au for further information about comparing and choosing superannuation funds.

Back to top

 

13. Can I give my employees financial advice?

A person cannot legally give advice about superannuation and other financial products unless they hold a licence to do so from the Australian Securities and Investments Commission (ASIC). It is an offence to give financial advice without such a licence.

As a result, you should ensure that, when talking to your employees about choice of fund, you do not provide any advice on matters such as which superannuation fund they should choose, or whether an employee should consolidate all their superannuation accounts into one fund.

NCSF does not have any financial advisers nor do we recommend any particular organisation to provide financial planning advice.


The following organisations may be able to assist you to confirm the professional status of a financial planner.

Financial Planning Association (FPA)

National freecall: 1800 626 393

Website: www.fpa.asn.au

The Australian Securities and Investments Commission (ASIC)

Infoline: 1300 300 630

Website: www.asic.gov.au

Back to top

 

14. Where can I go to for additional help?

Superchoice www.superchoice.gov.au and/or Wagenet www.wagenet.gov.au

Australian Taxation Office Telephone: www.ato.gov.au

 

Back to top