Senator the Hon Nick Sherry, Minister for Superannuation and Corporate Law, today announced the final form of the Government measure to require temporary residents’ superannuation to be paid to the Commonwealth.
This includes significant changes to the measure as announced by the previous Government, to reduce compliance costs for superannuation funds.
“The Government is committed to working with industry so that our decisions are implemented with the lowest possible compliance costs. We’ve carefully listened to both industry and community feedback during the public consultation process and, as a result, we’ve decided to significantly modify the administration of the temporary residents’ superannuation policy,” Minister Sherry said
Under the approach announced today, temporary residents’ superannuation will remain growing in the superannuation fund for the entire time the person is residing in Australia.
“This new administrative approach produces a fairer outcome for temporary residents as their superannuation will remain in their fund while they are in Australia, rather than being swept out annually, and they will continue to be able to take their superannuation with them when they depart,” Minister Sherry said.
Unlike the initial measure, employers will now be able to make their Superannuation Guarantee payments for temporary resident employees into funds in the same way as for any other employee – another red-tape reduction. The Government will use the existing unclaimed superannuation arrangements to transfer the account balance of temporary residents six months after they depart Australia and no longer hold a visa, if the person has not claimed their super on departure.
“Departed temporary residents will also be able to claim back, at any time, any superannuation that has been paid to the Commonwealth,” Minister Sherry said.
Industry feedback also indicates the new approach will involve significantly lower compliance costs for superannuation funds.
In summary, the new arrangements:
- will significantly reduce the compliance costs for the industry;
- will allow for the insurance cover of temporary residents as they will continue to be fund members while they reside in Australia;
- will best address the lost member issue;
- will provide the same superannuation payment arrangements to all employees in a workplace;
- will allow for the full payment of superannuation to all former temporary residents at any time following their departure from Australia; and
- will importantly still allow Australia to attract foreign skilled workers to assist us to address skill shortages that currently exist.
A total of 47 submissions were received on the consultation paper which was released on 5 May.
The changes will take effect from the date of Royal Assent, which is expected by the end of 2008.