I work for a company who by Australian law have to split my income into 3 parts. The first part is my salary which is deposited into my bank account, the second is the tax on my salary which is deducted directly out of my salary and paid to the Australian tax office and the third is a mandatory sum of money that is paid to a retirement fund for myself. Strictly by law I am not allowed access to the money deposited into my retirement fund until I reach the age of retirement so basically I do not have access to use that money for my expenses. Now I have always paid the khums on the income that I have in my possession, however I have never paid khums on the retirement income and I never even thought that I had to (as that money has never been in my physical possession).

I have 2 questions.

1. Am I liable to pay khums on that retirement fund money every year? or can I pay khums on it once I have been granted access to it at retirement?

2. If I have made a mistake and not been paid khums on it so far and am liable for it now – can I consider the hajj I performed is still correct because I used money to pay for the hajj without paying khums on the retirement fund? (I paid khums on the money that I had in my possession and used to fund the hajj before I went).

Q1: We have two pictures here:
1 – That the company in which you work is a government company or a joint company between the government and the people, and in this case, the khums is not required in the deducted amounts except when it is received, and a year has passed from the time of its receipt.
2- The company is a private company, and in this case, khums must be paid in the amounts deducted at the end of each year.
But if you do not take out the khums, you must take it out as soon as you receive the money.
Hence, when you reach retirement age, and you start receiving a pension, you have to take khums out of pensions every month, and then dispose of the remaining four-fifths.
Q 2- There is no problem in your Hajj, your Hajj is valid, your actions are correct, and there is no problem with your clothes that you buy and wear, because you did not perform Hajj with money in which the khums is required, nor with Ihram in which khums is required, because the money in which khums is required is not in your possession.