Employer application guide

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1 Employer application guide November 2015 Ratings are just one factor to consider when deciding on a product. SuperRatings Pty Ltd does not guarantee, underwrite or sell VicSuper products. Go to for details of its ratings.

2 Contents Employer application guide Contents Section Page A Forms 3 B Privacy 11 C Financial Services Guide 13 D Making sense of the VicSuper 15 Trust Deed E Letter of confirmation of complying 18 fund status If you would like more information about joining VicSuper or about our services, please call one of our account consultants on Please note that this guide must be read in conjunction with the VicSuper FutureSaver Product Disclosure Statement. From 1 January 2014, all employee SG superannuation contributions must be paid into a fund with an authorised MySuper product. In February 2013, VicSuper was granted authorisation from the Australian Prudential Regulation Authority (APRA) to offer a MySuper product. VicSuper will offer a MySuper product from 1 July For help in understanding and complying with your MySuper obligations, call a VicSuper account consultant on Cooling-off period When you first join VicSuper, you have a 19-day cooling off period from the date you provide details of the first employee to VicSuper. During this time, you can cancel your VicSuper employer account and withdraw any contributions paid on behalf of your employees. Please be aware that ceasing as a participating employer may affect your employees insurance arrangements. You can call a VicSuper account consultant on to find out more. 2

3 GPO GPO Box Box Melbourne Vic Vic VicSuper Member Centre Centre vicsuper.com.au Employer Application When completing this this form, form, please ensure you you use use all all capital letters eg eg and and check check boxes with with a cross a cross eg eg Important information Complete this this form form to to become a a participating employer of of VicSuper Fund. Fund. Please ensure that that you you have have read read and and understood the the Employer application guide guide and and the the VicSuper FutureSaver Product Disclosure Statement. If you If you have have any any questions about about this this form form please call call VicSuper s Employer Services team team on on Office Office use use only only Ref Ref #: #: Step Step 1: 1: Complete your your employer details Business name name (the (the applicant) ABN ABN (ABN (ABN must must have have numbers) If you If you do do not not have have an an ABN ABN you you will will need need to to provide proof proof of of identity. For For more more information please contact VicSuper s Employer Services team team (see (see the the above section for for contact details). Business trading name name (if (if applicable) Business type type Company Trust Trust Incorporated Association Government/Department/Statutory Body Body Partnership Sole Sole Trader Trader Only Only complete this this form form if you if you are are paying superannuation guarantee (SG) (SG) contributions for for employees other other than than yourself. If you If you wish wish to to make make contributions on your your own own behalf, please call call VicSuper s Employer Services team team (see (see the the above above section for for contact details). Industry Number of of employees Number of of VicSuper Fund Fund members Business address Postcode Business postal postal address (if the (if the same same as as your your business address, mark mark AS AS ABOVE ) Postcode Phone number Tax Tax file file number If your If your organisation operates under under a trust a trust it is it is important that that you you complete Step Step If your If your organisation does does not not operate under under a trust a trust please proceed to to Step Step V102 V102 03/14 P1 P1 Please Please turn turn over over

4 Step 2: Provide your trust details (go to Step 3 if your organisation does not operate under a trust) Name of trustee/s (Trustees can be individual people or a company) Name of trust Trading name (If applicable) Step 3: Your office administrator contact details (these details will be held in confidence in accordance with VicSuper s Privacy Policy) Title Contact name Position X Mr X Mrs X Ms X Miss X Other (please specify) Phone number When you provide your address we ll send you all possible communications including your regular Employer Update through . Security questions The following questions will be asked to verify your identity when you call VicSuper. Phone password Step 4: VicSuper EmployersOnline VicSuper EmployersOnline is an easy way for VicSuper Fund participating employers to administer their day-to-day superannuation obligations online, saving time and paperwork. Would you like to receive documentation in order to become a VicSuper EmployersOnline user? Yes No Step 5: VicSuper services Would you like to hear how VicSuper can reduce your super administration? Yes No Would you like someone to help you get ready for the legislation changes starting from 1 July 2014? Yes No V102 03/14 P2

5 Step 6: Sign this declaration Declaration by applicant I, the undersigned, being a duly authorised representative of the Applicant, declare that: The Applicant is the organisation identified on page 1 of this form. (If the legal name of the entity differs from that set out on page 1, this application and any subsequent acceptance will still be valid so long as the entity is sufficiently identified). The Applicant understands and acknowledges that the VicSuper Fund ( the Fund ) is governed by a trust deed, as amended from time to time ( the Trust Deed ), and that VicSuper Pty Ltd (ABN ) of GPO Box 89, Melbourne, Victoria is the sole Trustee of the Fund. The Applicant acknowledges that the Fund is a regulated superannuation fund as defined in the Superannuation Industry (Supervision) Act 1993, and is a complying superannuation fund for the purposes of the Superannuation Guarantee (Administration) Act The Applicant agrees to make superannuation contributions to the fund in respect of such of its employees as it may from time to time determine. The Applicant acknowledges that, after giving the Trustee written notice, the Applicant may prospectively cease contributions to the Fund at any time and cancel this arrangement. The Applicant covenants that it will comply with all of the provisions of the Trust Deed including policies, rules and determinations made by the Trustee in accordance with the Trust Deed. The Applicant understands its responsibility to remit employer contributions, in accordance with the relevant Commonwealth law, and to forward member contributions within 28 days of the deduction from the member s salary. There are no additional contribution requirements associated with this application. The Applicant has read the Employer application guide and the VicSuper FutureSaver Product Disclosure Statement and understands the terms and conditions which apply once this application is approved. The Applicant has received and read VicSuper s privacy information in relation to how VicSuper collects, uses, stores and discloses personal information. The Applicant acknowledges that VicSuper may require additional proof of identity in certain circumstances under the Anti-Money Laundering and Counter-Terrorism Financing Act The Applicant wishes to enter an employer agreement with VicSuper in accordance with the VicSuper Trust Deed effective on and from the Acceptance Date. When the Trustee approves this application (by sending notice of approval to the Applicant), there will be an agreement in place between the Trustee and the Applicant. The Applicant will be an Employer for the purposes of the Trust Deed and the Applicant s employees will be eligible to participate in the Fund. Signature Date Name Position Step 7: Send your form to VicSuper Send your completed form, all cheques and any EFT requests to: VicSuper, GPO Box 89 Melbourne VIC 3001 Office use only Delegate 1: Date: / / V102 03/14 P3 Please turn over

6 V102 03/14 P4 VicSuper Pty Ltd ABN AFSL is the Trustee of VicSuper Fund ABN

7 GPO GPO Box Box Melbourne Vic Vic VicSuper Member Centre Centre vicsuper.com.au Advise VicSuper of of contributions, new VicSuper members and terminations of of employment When completing this this form, form, please ensure you you use use all all capital letters eg eg and and check check boxes with with a cross a cross eg eg Information for for employers Step Step 1: 1: Complete your your details and and certify this this form form Please use use this this form form to to advise VicSuper of: of: contributions to to your your employees VicSuper accounts (complete Steps Steps 1 and 1 and 2) 2) details of of new new VicSuper members (complete Steps Steps 1 and 1 and 3) 3) VicSuper FutureSaver members who who have have terminated employment with with you you (complete Steps Steps 1 and 1 and 2). 2). If you If you are are deducting personal (ie (ie after after tax) tax) contributions from from an an employee s salary salary or or wages, these these should be be sent sent to to VicSuper by by the the 28th 28th day day of of the the month after after the the month of of deduction. Without an an employee s tax tax file file number (TFN), VicSuper cannot accept non-concessional contributions into into that that employee s VicSuper Fund Fund account and and must must tax tax all all concessional contributions (eg (eg superannuation guarantee) for for members at at the the top top marginal tax tax rate rate plus plus the the Medicare levy. levy. Please note note there there are are caps caps that that apply apply to to the the concessional tax tax treatment of of concessional and and non-concessional contributions. Please see see the the VicSuper FutureSaver Product Disclosure Statement for for more more information. Would you you prefer to to do do this this electronically? VicSuper EmployersOnline is a is free a free and and secure online administration tool tool on on the the VicSuper website that that allows you you to to submit all all the the details on on this this form form electronically. Plus, Plus, VicSuper EmployersOnline lets lets you you choose your your preferred payment method, whether it s it s through direct direct debit, debit, BPAY BPAY, EFT, EFT or or cheque. To To sign sign up up or or request a free a free demonstration contact your your account consultant. Employer name name Employer address Postcode Employer number (You (You receive your your employer number when when you you submit the the first first payment to to VicSuper. To To sign sign up up as as a a participating employer, please complete our our online online Employer Application form form at at vicsuper.com.au/employer) Pay Pay period start start date date Pay Pay period end end date date Phone number Fax Fax number When When you you provide your your address, we ll we ll send send you you all all communications including your your regular Employer Update via via V105 V105 07/14 P1 P1 Please Please turn turn over over

8 Step 1: (continued) Complete your details and certify this form This certification must be made by your Human Resources/Payroll Officer or his/her authorised delegate. I certify that the information provided on this form is true and correct. I acknowledge that in all cases there is a superannuation guarantee obligation for each of the new members listed. I also certify that I am authorised to supply VicSuper with this information. Signature Date Full name Position V105 07/14 P2

9 Step 2: Provide contribution or termination of employment details Member details Contribution type ($) Member number Payroll number Surname Given name(s) Date of birth Termination date (if applicable) Employer SG Member Salary sacrifice Additional employer SG superannuation guarantee compulsory employer (concessional) contributions Member member s personal after-tax (non-concessional) contributions Salary sacrifice pre-tax employer (concessional) contributions Additional employer employer (concessional) contributions above the compulsory current SG rate Sub-total $ $ $ $ TOTAL REMITTANCE $ Step 3: Complete details of new VicSuper members Member number Name Address details Other details Title Residential Date of birth Surname Postal (if different from residential) Tax file number Payroll number Given name(s) Start date Title Residential Date of birth Surname Postal (if different from residential) Tax file number Payroll number Given name(s) Start date Please provide your employees addresses so they can receive their welcome pack electronically. Step 4: Send your form to VicSuper Send your completed form to: VicSuper, GPO Box 89 Melbourne VIC 3001 VicSuper Pty Ltd ABN AFSL is the Trustee of VicSuper Fund ABN Registered to BPAY Pty Ltd ABN V105 07/14 P3

10 V105 07/14 P4

11 Privacy B Employer application guide Privacy The Privacy Act 1988 (Cwlth) gives you more control over the way private organisations collect, use, disclose and store information about you as an individual. However, as the legislation only applies to the personal information of individuals, the obligations of the legislation may not apply to information we collect about you (eg if you, as an employer, are a company or partnership). Nonetheless, we will seek to use and maintain your information in a manner consistent with the approach outlined in this brochure. VicSuper has always handled personal information with extreme care and diligence. To comply with the Privacy Act 1988 (Cwlth), we would like to advise you of the following details. Collection Notice VicSuper advises the following in regard to the collection of personal information: VicSuper Pty Ltd ( VicSuper ) ABN is the Trustee of the VicSuper Fund ABN You can contact VicSuper on You can gain access to your personal information held by VicSuper by contacting us on the above number. VicSuper collects personal information about you primarily to: provide general or personal employer superannuation advice services to you assist you to meet your employer superannuation obligations assist you administer your employees superannuation entitlements provide information and advice to you about superannuation, retirement planning or VicSuper Fund features enable VicSuper to undertake research on employers views. In respect of the purposes listed above, the types of organisations to which VicSuper discloses personal information include: VicSuper Fund s administration software provider regulators and other Commonwealth Government agencies professional advisers other superannuation funds, RSAs and rollover entities to facilitate the transfer of benefits on your employee s behalf other product providers who administer products on VicSuper s behalf a person nominated by you in writing, including a professional adviser printers and mail houses service providers including, but not limited to, internationally-based providers of internet, data storage and data access services and systems which may be located in countries including US, UK, Canada and New Zealand. research organisations. VicSuper is required to collect information to meet its obligations under relevant law, including the following legislation as amended from time to time and including any regulations made thereunder. Superannuation Industry (Supervision) Act 1993 (Cwlth) Income Tax Assessment Acts 1936 and 1997 (Cwlth) Superannuation (Unclaimed Money & Lost Members) Act 1999 (Cwlth) Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth) Superannuation Guarantee (Administration) Act 1992 (Cwlth) Corporations Act 2001 (Cwlth) Family Law Act 1975 (Cwlth) Superannuation (Government Co-contribution for Low Income Earners) Act 2003 (Cwlth) Anti-Money Laundering and Counter- Terrorism Financing Act 2006 (Cwlth). The main consequences of you not providing all or part of your personal information to VicSuper are: VicSuper may be unable to provide you with general or personal employer superannuation advice VicSuper may not be able to contact you VicSuper may be unable to assist you to meet your employer superannuation obligations and to administer your employees superannuation entitlements VicSuper may not be able to provide appropriate information and advice to you about superannuation, retirement planning or VicSuper Fund features. 11

12 B Privacy Employer application guide Privacy policy statement VicSuper Pty Ltd, as Trustee of the VicSuper Fund ( the Fund ) has an obligation to comply with all relevant State and Federal legislation with regard to the management and administration of the Fund. This includes the Privacy Act 1988 (Cwlth), ( the Act ), which: 1. protects the privacy of personal information held by organisations in the private sector, and 2. regulates the appropriate collection, holding, use, correction, disclosure and transfer of personal information by private sector organisations. The provisions of the Act apply to the Trustee of the Fund because it holds information about employers who use VicSuper s services. The Trustee will be bound by, and will ensure that it complies with, the 13 Australian Privacy Principles prescribed in the Act. The information held by the Trustee may include an employer s contact details. Personal information about you as an employer is held and used for the purposes of: providing general or personal superannuation advice services to you assisting you to meet your employer superannuation obligations assisting you to administer your employees superannuation entitlements providing information and advice to you about superanuation, retirement planning and VicSuper Fund features, and enabling VicSuper to undertake research on employers views. Your employer details may be disclosed by the Trustee to third parties such as other superannuation funds, other product providers who administer products on VicSuper s behalf, Retirement Savings Accounts and rollover entities, a person you have nominated in writing (including a professional adviser), auditors, actuaries, printers, mail houses, administration software providers (and website hosts), service providers (including, but not limited to, internationally-based providers of internet, data storage and data access services and systems) and research organisations which may be located in countries including US, UK, Canada and New Zealand, or as expressly authorised by law. Your employer details may also be disclosed to government agencies or external dispute resolution bodies such as the Australian Prudential Regulation Authority, Australian Securities & Investments Commission, Australian Taxation Office, the Privacy Commissioner, Centrelink, Superannuation Complaints Tribunal, AUSTRAC and the Financial Ombudsman Service. Your employer details are not disclosed to any overseas organisations. Otherwise, your employer information is kept confidential and is stored on the Fund s database. As an employer or prospective employer you have certain rights including the right to access and correct your employer information, and to complain about any breaches of the Act. The Trustee s Privacy Policy sets out how the Trustee intends to comply with the provisions of the Act and gives further details of the collection, holding, use and disclosure of employers details. The policy also explains the processes to be followed by you as an employer to access your employer details and to make a complaint about possible breaches of policy, and the options available to you if you are dissatisfied with the Trustee s internal review. If you wish to make a complaint about any breaches of the Privacy Act 1988 (Cwlth), please contact the Fund s Complaints Coordinator. The contact details are: Tel: Fax: Address: Complaints Coordinator VicSuper Fund GPO Box 89 Melbourne VIC 3001 If you feel that VicSuper, through the internal complaints procedure, has not adequately dealt with your privacy complaint, you may seek to contact the Office of the Australian Information Commissioner. The contact details are: Tel: TTY: Fax: Address: Office of the Australian Information Commissioner GPO Box 2999 Canberra ACT If you wish to make a request for access to your information or for further information concerning privacy, you should contact the Fund s Privacy Officer. The contact details are: Tel: Fax: Address: Privacy Officer VicSuper Fund GPO Box 89 Melbourne VIC 3001 Generally, there is no charge to employers for the provision of employer information. Your request for access will be acknowledged within 14 days and responded to within 28 days. 12

13 Financial Services Guide C Employer application guide Financial Services Guide VicSuper Pty Ltd (VicSuper) is the Trustee of VicSuper Fund. VicSuper Fund was established in 1994 and is a public offer fund. VicSuper is required to provide you with this Financial Services Guide. It is designed to help you understand the important features of the general financial advisory services provided by VicSuper, and to assist you in deciding whether to use any of these services. General advice does not take into account your individual objectives, financial circumstances or needs. This guide will help you understand how our general superannuation advisory service works and what you can expect when you use this service. It also contains information about the remuneration that may be paid to representatives authorised to provide these services under VicSuper s Australian Financial Services Licence (AFSL), as well as details about how you can make a complaint and the services provided to you. You may also receive a VicSuper FutureSaver Product Disclosure Statement (PDS). This document will help you understand the features, costs, benefits and risks of contributing on your employees behalf to VicSuper FutureSaver. Key information about the general financial advisory services provided by VicSuper is set out in this Financial Services Guide in question and answer format. Please contact VicSuper if you require more information or clarification. Your questions Who is my VicSuper representative? You may have received, or will in future receive, general advice from a VicSuper representative. VicSuper representatives are employees of VicSuper. Who will be responsible for the advice given to me? Your VicSuper representative will be acting on behalf of VicSuper. VicSuper is therefore responsible to you for any general advice your VicSuper representative provides. Under its AFSL, VicSuper is authorised to provide financial product advice on superannuation products. Does VicSuper have any relationships or associations that may affect the advice given to me? VicSuper is not a member of any financial group nor does it have any ownership links or affiliations that would affect the advice provided by its representatives. If you are given advice by a VicSuper representative in relation to VicSuper Fund, you should be aware that VicSuper is both the adviser and the Trustee of the Fund. However VicSuper is required by law to act in your interests both as adviser and Trustee. Also, VicSuper s fees are used in the general running of VicSuper Fund. They are not used to distribute profits to VicSuper or any third party. What advisory services are available to me? At present VicSuper representatives are limited to providing general financial product advice on VicSuper products, the Emergency Services & State Super (ESSSuper) Revised, New, SERB and Transport Schemes and general superannuation matters. This includes general information about: all VicSuper products and how they operate VicSuper Fund s investment strategies, objectives and risks how to join VicSuper Fund as a participating employer meeting your employer superannuation obligations the insurance options available through VicSuper Fund the options available to ESSSuper Revised, New, SERB and Transport Scheme members general superannuation matters. 13

14 C Financial Services Guide Employer application guide How will I pay for the service? VicSuper does not charge any fees or pay any commissions for its general advisory service. VicSuper receives a combination of percentage based and fixed dollar fees in respect of the superannuation accounts that it administers. These fees cover the costs associated with the general advice service. What remuneration or commissions will my VicSuper representative be paid for providing this advice to me? VicSuper representatives are paid salaries by VicSuper and do not receive any conflicted remuneration including commissions. No other person or entity is paid conflicted remuneration to recommend VicSuper products. Will you give me advice which is suitable to my investment needs and financial circumstances? General advice you receive from VicSuper will not take into account your objectives, financial situation or needs. As general advice will not be specific to your circumstances, you will need to consider if the general advice provided is suitable for your objectives, circumstances and needs before taking any action. If you require advice which is tailored to your specific circumstances, please contact VicSuper to discuss our personal superannuation advice service. What should I know about any risks of the investments or investment strategies you recommend to me? VicSuper representatives can provide you with general advice about the risk profile and strategies of VicSuper Fund s investment options. This advice will not be tailored to your circumstances. The VicSuper FutureSaver PDS also provides general information about VicSuper Fund s investment options. Does VicSuper have professional indemnity insurance in place? VicSuper has professional indemnity insurance in place that covers claims in respect of current and former representatives and employees for services provided on behalf of VicSuper. This insurance satisfies the requirement for compensation under the Corporations Act Who can I complain to if I have a complaint about the advisory service? If you have any complaints about the service provided to you, you should take the following steps. 1. Contact your VicSuper representative and tell them about your complaint or call or write to VicSuper s Complaints Coordinator at GPO Box 89, Melbourne VIC 3001, telephone on We will try and resolve your complaint quickly and fairly and the matter may be reviewed by the Trustee. 2. If you still do not get a satisfactory outcome, you may have the right to complain to the: Financial Ombudsman Service Tel: Address: GPO Box 3 Melbourne VIC 3001 For more information, contact VicSuper s Member Centre on between 8.30am and 5pm, Monday to Friday. 14

15 Making sense of the VicSuper Trust Deed D Employer application guide Making sense of the VicSuper Trust Deed This section contains relevant sections of VicSuper Trust Deed ( the Trust Deed ) which affect participating employers who submit contributions on behalf of their employees to VicSuper FutureSaver accounts. The Trust Deed doesn t impose any obligations on employers beyond those already contained in Commonwealth superannuation legislation, and is subject to relevant law. This means that you can meet your employer superannuation obligations under Commonwealth law through VicSuper FutureSaver. Text enclosed in italics in {brackets} is commentary to assist and is not part of the Trust Deed. If you would like a full copy of our Trust Deed, please contact us on Part 1.2 Compliance with Relevant Law Overriding effect of this part. Notwithstanding anything expressed or implied to the contrary in this Deed (including any other provision of this Deed which purports to prevail over this part 1.2) a) if there is a conflict between this part 1.2 and any other provision of this Deed, this part 1.2 prevails to the extent of the conflict; and b) all other provisions of this Deed are equally subject to this part 1.2, notwithstanding that some provisions may expressly refer to this part (or any clause in this part) while others do not Mandatory compliance with Relevant Law. The Trustee has all of the Powers necessary to comply with a Relevant Law or to do anything authorised by a Relevant Law and the Trustee must a) do, or cause to be done, any matter or thing necessary in order to satisfy any applicable requirement of a Relevant Law; and b) refrain from doing, and take all reasonable steps to prevent an Employer, a Member or a Beneficiary doing, any matter or thing which would cause a breach of or non-compliance with any applicable requirement of a Relevant Law; but the Trustee is not liable for doing or failure to do so if and to the extent that, under the Relevant Law, the Trustee is relieved from a liability to which the Trustee would otherwise be subject or that might otherwise be imposed on the Trustee under the Relevant Law because of that action or failure Deemed inclusion of certain Relevant Laws. Any provision or requirement of a Relevant Law that is expressly required by a Relevant Law to be included in this Deed in order to comply with or satisfy a Relevant Law is deemed to be included as from the date when it must be included for that purpose (or any earlier date determined by the Trustee) but such a provision ceases to be so included when that express requirement ceases to apply. Part 1.8 Information regarding Fund Confidentiality. Except to the extent reasonably necessary in the operation, management and administration of the Fund and in properly giving effect to this Deed, the Trustee, the Chief Executive, each Investment Manager and each servant, delegate or representative of the Trustee must treat as confidential all information regarding the Fund, Members, Beneficiaries, Employees and Employers which becomes known to that person in connection with the operation, management and administration of the Fund Information from Employers. An Employer must, as and when requested by the Trustee, give to the Trustee all information in the Employer s possession or under the Employer s control which may be reasonably necessary for the operation, management and administration of the Fund Information for Employers. Except for any matter which is the subject of a binding obligation of confidence imposed on the Trustee, the Trustee must cause to be provided to an Employer as and when requested by the Employer any information which that Employer may reasonably require in order to determine and discharge an obligation or liability of the Employer in connection with the Fund or to exercise a Power or perform a duty of the Employer. Part 1.12 Agreements Agreements with Employer. The Trustee may enter into an agreement with any person for that person to become an Employer. Subject to any conditions imposed under the relevant agreement or this Deed, Employees of an Employer who become eligible as provided in that agreement or this Deed are eligible to participate in the Fund Form and status of agreements. Any agreement made under clause may be in any form and subject to any conditions acceptable to the Trustee and the Employer and may be amended or replaced by a subsequent agreement between the parties or in the manner provided in this Deed as if the agreement was a part of this Deed. If there is a conflict between this Division 1 and an agreement, this Division 1 prevails. Except where the agreement expressly provides otherwise, if there is a conflict between an agreement and any provision of this Deed other than this Division 1, the agreement prevails. 15

16 D Making sense of the VicSuper Trust Deed Employer application guide Part 1.13 Employer Ceasing Business Subject to the specific provisions of any clause agreement, if: a) where an Employer is or includes a body corporate, a binding resolution is passed or order is made, or any other enforceable action is taken, for the purpose of winding up that body or a scheme of arrangement providing for the dissolution of that body is approved by a court; b) where an Employer is or includes a partnership, that partnership is dissolved; c) where an Employer is or includes a natural person or natural persons, that person or any of those persons becomes bankrupt; or d) an Employer ceases to carry on business for any reason, the Trustee may enter into an agreement with a person (a successor ) which in the opinion of the Trustee, wholly or partially succeeds or replaces the Employer for the successor to take the place of the Employer under this Deed. An agreement may be in any form acceptable to the Trustee and is binding on all interested persons. Part 1.14 Employer Not Replaced Subject to the specific provisions of any clause agreement and clause , if an event provided for in part 1.13 occurs in relation to an Employer but no agreement is entered into as provided in that clause within 90 days (or any other period determined or allowed by the Trustee) after the date the relevant event occurred, the Trustee is deemed to have received on the last day of that period a notice from the Employer in accordance with clause that the Employer has decided to terminate all of its payments to and in respect of the Fund with effect on that last day. Part 1.18 Special Arrangements and Situations Individual agreements. Subject to clause and to the approval of the Trustee: a) an Employer may agree with an Employee that the Employee is admitted to membership of the Fund subject to the conditions contained in an individual agreement, and the Employer may also agree with a Member to vary the conditions of a Member s membership of the Fund; b) an agreement under clause (a) must be evidenced in writing (in one or more documents) by the Employer and the Employee or Member concerned in a form acceptable to the Employer, and may be varied, replaced or revoked by a subsequent written agreement between the Employer and the Employee or Member concerned or in the manner provided for in this Deed as if the agreement was actually part of this Deed; c) if there is a conflict between an agreement under clause (a) (as varied or replaced from time to time) and this Division 1, this Division 1 prevails but (except where the agreement expressly provides otherwise), if there is a confl ict between the agreement and any provision of this Deed other than this Division 1, the agreement prevails; d) the Employer must provide a copy of each agreement (and any document which varies, replaces or revokes that agreement) to the Trustee; and e) the Trustee must give effect to each agreement, as varied, replaced or revoked from time to time Control by Trustee. Without limiting part 1.2, to the extent that an agreement under clause constitutes the exercise of a discretion or the giving of a direction which is otherwise prohibited under the Relevant Law, that agreement, direction or determination shall only take effect with the consent of the Trustee. Part 1.19 Member Contributions Amount to be contributed. Subject to this Division 1, the amount of a Member s contributions to the Fund at any particular time must be determined in accordance with the relevant Division of this Deed and any relevant clause agreement Manner and timing of payment. Member contributions must be paid to the Fund in the manner determined by the Trustee Acceptance of Contributions. The Trustee must not accept contributions in respect of a Member where: a) the Relevant Law does not permit acceptance of such contributions; or b) the Trustee determines not to accept contributions of a particular type or in particular circumstances Refund of Contributions The Trustee must refund a contribution if required by the Relevant Law and may refund any contribution made in error. In refunding contributions the Trustee may apply interest at the Net Earning Rate and deduct an amount for reasonable administration and transaction costs, including an appropriate proportion of any insurance premium paid in respect of the Member or not recoverable by the Trustee. Part 1.20 Employer Contributions Amount to be contributed. Subject to this part 1.20 and part 1.21, each Employer will contribute to the Fund in respect of a particular Employee the amount or rate of contributions determined in accordance with the relevant Divisions of this Deed {in your case Division 2 which relates to VicSuper FutureSaver employer-sponsored members; see 2.3 on the following page} and, if applicable, taking into account the advice of the Actuary {not relevant to Division 2 to VicSuper FutureSaver employer-sponsored members}. 16

17 Making sense of the VicSuper Trust Deed D Employer application guide Employer to ensure compliance. It is the sole responsibility of an Employer to ensure that the Employer complies with clause Manner and timing of payment. The contributions payable by an Employer must be paid to the Fund in the manner and at the times determined by the Trustee. Contributions payable by one Employer may be paid by another Employer Cessation of contributions. Unless otherwise specified in this Deed or agreed between the Employer and the Trustee, no contributions are payable by an Employer in respect of the period after the date the Member ceases to be an Employee. Part 1.21 Termination of Contributions Notice by Employer. a) Subject to part 1.2 {Compliance with Relevant Law see 1.2 on the previous page}, an Employer may 1) terminate all or any of its contributions to the Fund; or 2) reduce or suspend all or any of its contributions to the Fund to the extent specified in that notice and either indefinitely or for the period specified. Only by giving written notice to the Trustee (either generally or in respect of any Member or class of Members named or described in that notice). b) Any notice given by an Employer under this clause takes effect on the date which is the later of the date that notice is received by the Trustee and the effective date (if any) specified in that notice, but a notice does not affect the Employer s liability in respect of contributions due from the Employer before the notice takes effect Effect of notice by Employer. If a notice is given pursuant to clause (a) that the Employer is terminating all its contributions to the Fund, the Employer will cease to participate in the Fund with effect from the date that the notice is effective Money owing to the Fund by an Employer. The Trustee may recover any amount of money owing to the Fund by an Employer together with interest on that amount (calculated in accordance with clause (b)): if any amount is or becomes payable from the Fund to that Employer, by the Trustee deducting it from that amount; or in any other case, as a debt in any court of competent jurisdiction. Interest (at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic) or any other rate determined by the Trustee) is payable on any amount owing to the Fund calculated from the date on which the amount becomes due until the date on which the amount is paid or otherwise received under clause (a). Part 1.24 Employers: Miscellaneous Provisions Employer s Powers not affected. Nothing in this Deed prejudices the Powers of an Employer regarding the dismissal or remuneration of or any dealings whatever with any of its officers, employees or servants. Any benefit to which a person may be entitled under this Deed must not be used or alleged or claimed as damages or as grounds for increasing damages in any action or claim by or in respect of that person against an Employer in relation to the dismissal of or other dealings with that person by the Employer Employer s Powers. Except to the extent otherwise expressly provided elsewhere in this Deed, in the exercise, non-exercise or partial exercise of each Power exercisable by it under this Deed, the Employer has an absolute and uncontrolled discretion and is not subject to any fiduciary or like duty, obligation or standard Appointment of Receiver. If a receiver, receiver and manager, liquidator or trustee in bankruptcy is appointed in respect of an Employer or the whole of the property of an Employer or if an Employer is placed under the official management of a person or a committee of management (collectively called Receiver ), until the Receiver is discharged from or otherwise ceases to hold office all Powers exercisable by the Employer are exercisable by the Receiver and references in this Deed to that Employer are deemed to be references to the Receiver. Part 2.3 Contributions Employer contributions. a) Subject to clause 2.3.1(b) and clause 2.3.1(c), the Employer must contribute to the Fund in respect of a Member the amount necessary to avoid a shortfall in respect of the Member under the Superannuation Guarantee (Administration) Act 1992 and may contribute any additional amount which the Employer may determine either generally or in any particular case. b) While the Trustee prefers that the Employer make the contributions in clause 2.3.1(a) on at least a monthly basis and encourages Employers to do so, it is the sole responsibility of an Employer to ensure that the Employer complies with clause 2.3.1(a). c) Pursuant to APRA exemption number 92 dated 29 September 1999, the Trustee may accept any contributions made in respect of a Member who was also a former member of the Supreme Court Associates Superannuation Scheme or the County Court Associates Superannuation Scheme until the earlier of the date that that Member: 1) attains 72 years of age; or 2) ceases to be an Employed Member. 17

18 16 November 2015 To whom it may concern Letter of confirmation of complying fund status VicSuper Fund This letter confirms that: VicSuper Fund is a complying and resident regulated fund within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth) SFN 5003/589/94, ABN , R VicSuper is not subject to a direction under Section 63 of the Superannuation Industry (Supervision) Act 1993 (Cwlth) The Trust Deed of VicSuper Fund permits the acceptance of rollovers of superannuation monies from members All amounts transferred into VicSuper Fund will retain their preservation status established in their previous fund. The transferred benefit is fully vested, ie it is credited to the member s personal account VicSuper Fund and VicSuper Pty Ltd as corporate trustee of VicSuper Fund are subject to the Superannuation Industry (Supervision) Act 1993 (Cwlth) and the Corporations Act 2001 (Cwlth) and are regulated by the Australian Prudential Regulation Authority (APRA) and the Australian Securities & Investments Commission (ASIC) the Unique Superannuation Identifier (USI) for VicSuper FutureSaver is VicSuper Pty Ltd ABN has issued this letter in its capacity as Trustee of VicSuper Fund ABN The Trustee holds an Australian Financial Services Licence (237333) under the Corporations Act 2001 (Cwlth). Yours sincerely Michael Dundon Chief Executive

19

20 X XXX Employer application guide Call our Member Centre for general enquiries and to speak to a VicSuper superannuation consultant between 8.30am and 5pm, Monday to Friday. Employer Services If you would like more information about our services or how you can join VicSuper, please call one of our account consultants on Browse our website vicsuper.com.au Visit us Bendigo Blackburn Geelong Melbourne CBD Traralgon Monday to Friday 8.30am to 5pm Send us an Write to us VicSuper GPO Box 89 Melbourne VIC 3001 The information contained in this publication is given in good faith and has been derived from sources believed to be reliable and accurate. No warranty as to the accuracy or completeness of this information is given and no responsibility is accepted by VicSuper Pty Ltd or its employees for any loss or damage arising from reliance on the information provided. This publication does not take into account your financial situation, objectives or needs or those of your employees. VicSuper recommends you or your employees seek professional advice for your own circumstances and obtain a copy of the VicSuper FutureSaver Product Disclosure Statement. You can contact VicSuper to make an appointment to see one of our VicSuper representatives. VicSuper Pty Ltd ABN ( VicSuper ) is the Trustee of VicSuper Fund ABN The Trustee holds an Australian Financial Services License (AFSL ) under the Corporations Act 2001 (Cwlth) and a RSE Licence under the Superannuation Industry (Supervision) Act 1993 (Cwlth). Under its AFSL, VicSuper is licensed to deal in, and provide financial product advice on superannuation products. At present, VicSuper representatives are limited to providing financial product advice on VicSuper products; ESSSuper - Revised, New, SERB and Transport Schemes; providing advice on whether a member should consolidate or roll over their superannuation holdings (excluding personal advice on self-managed superannuation funds) into VicSuper; and general superannuation matters VicSuper Pty Ltd. All rights reserved. No part of this Employer application guide, covered by copyright, may be reproduced or copied in any form or by any means without the written permission of VicSuper Pty Ltd. Registered to BPAY Pty Ltd. ABN V600 11/15 20

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