Super on Lieu of Notice and Unused Annual Leave

Q: I was hoping you could clarify what is Superable and what is not on Termination Payments.

Looking at specifically unused annual leave and in lieu of notice period. There is some confusion concerning these areas.

A: Annual leave paid out on termination and notice paid in lieu is part of gross earnings (taxed as an extra pay) and therefore would be part of the gross for superannuation.

I would expect your super scheme is complying fund (Kiwisaver) and if it is then that clearly states other remuneration of any kind.

Complying fund:  A complying fund is a superannuation fund within a registered superannuation scheme

that has been approved by the Financial Markets Authority as having rules similar to

those for KiwiSaver (eg KiwiSaver lock-in rules and portability).

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