The ATO's Superannuation Standard Choice Form advises employers of an employees choice of super fund.
Background
Employees use the Super Choice Form to choose the superannuation fund into which their employer will pay their superannuation contributions. Employers must provide a standard choice form to employees at the commencement of employment.
The Super Choice Form is required by law, and employers are legally required to make superannuation contributions on behalf of their employees. Employees can complete the form to ensure that their superannuation contributions are paid into a fund that meets their needs and preferences.
For any new employees starting from 1st November 2021, employers will be required to contact the Australian Taxation Office (ATO ) if the employee has not chosen a superannuation fund to confirm and check whether the employee has a “stapled fund”.
A ‘stapled fund’ is an existing superannuation account linked or in other words “stapled”, to an
individual employee so that it follows them as they change jobs. If the employee has a stapled fund, the employer will need to contribute to that fund, not the employer’s default superannuation fund.
These provisions were introduced to reduce instances of employees having multiple superannuation fund accounts and help to reduce the compliance fees associated with setting up new fund accounts each time an employee moves between jobs.
Completing for form
Employees
Option 1: Online
The pre-filled online form can be accessed by your employee via their MyGov account (ATO online services)
Employees completing the form will need their:
-
- employer's ABN
- employment type (for example, full time, part-time, casual)
- employer's default super fund details:
- name
- USI of the default super fund
- ABN.
Employees will need to print the completed form summary and return this to you.
Do not send the form to the ATO.
Option 2: Downloadable PDF
The most recent Superannuation standard choice form can be downloaded here.
Employees must complete Section A, B, C and D
For you to complete
Complete the 'Employer to complete' fields in Section C before giving this form to your employee. The default super fund you nominate must be authorised to offer a MySuper product.
If you need to confirm your MySuper arrangements, contact your default super fund.
Retain a copy of any completed forms for 5 years. Do not send the form to us or to super funds.
If you haven't received a new employee’s completed choice form or you have received the form, but details are missing or incorrect:
- You should contact your employee in the first instance to request that they complete their super choice form.
- If a super contribution is due and you haven't received their completed choice form, you may need to request the employee’s stapled super fund from us and make the payment to the fund that we advise by the contribution due date, to avoid the super guarantee charge.
Once an employee has provided you with a completed Superannuation standard choice form, you have 2 months to make contribution payments to the fund the employee has nominated. Super contributions should either be made to:
- the employee’s chosen fund, or
- you should make a stapled super fund request and make contributions to the fund that we advise.
If an employee does not return the form...
If your employee starts work, you must request the employee’s stapled super fund details before making a super contribution.
If an employee doesn’t provide you with the correct details or the fund can’t accept your contributions, you will need to request their stapled super fund details from the ATO.
If the ATO advises that the employee does not have a stapled super fund, you can make the payment to your nominated default super fund.
For more information, visit ATO – Request stapled super fund details for employees.
Important Notes
- You cannot provide employees with recommendations or advice about super or influence them to choose a particular fund. Only licensed advisors can provide financial advice.
- For information on how you can communicate to your employees about super choice without breaking the law, visit: ASIC - Communicating with employees about choice of superannuation fund: What you can and cannot do.
- Do not send super choice forms to the ATO. Completed forms must be retained by you for 5 years.
- If your new employee does not choose a super fund, you may need to get your bookkeeper to request their stapled fund details from the ATO before making any super contributions.
- An employee's super fund must receive super contributions by the quarterly due dates. Significant penalties apply to late payments