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NewsTrust, certainty and grandfathering should be at the heart of the super debate not complexity and confusion
Trust, certainty and grandfathering  should be at the heart of the super debate not complexity and confusion

Trust, certainty and grandfathering should be at the heart of the super debate not complexity and confusion

The debate about the government’s proposed superannuation changes has been mired in misunderstandings and mischief around technical definitions such as retrospectivity.

Throw in talk around concessional and non-concessional caps and lifetime limits and it’s no surprise even the pollies who make decisions around our savings get it wrong.

So it was refreshing to meet a man who has decided to stand up against the sectional interests and a treasurer who says he couldn’t look his kids in the face if he didn’t mess with super.

The activist behind the Save Our Super campaign cleverly decided to jettison the jargon which so confuses the public and focus on just two key and powerful arguments-- trust and certainty.

And his solution to bypass much of the bitterness and division around the changes is to ‘grandfather’ them meaning they would not apply to existing super accounts only new ones.

Jack Hammond QC is a Victorian barrister who has acted in large and complex cases and also worked in business and federal government. So he knows how things work.

Like many Jack was appalled at the policies Treasurer Morrison sprung on an unsuspecting public in The Budget without warning, consultation or it seems consideration.

But unlike many he determined to do something about it and  formed Save Our Super , an apolitical community-based  group, and  a campaign website http://saveoursuper.org.au/

He speaks for many older Australians when he says: “Over many years, we did what the Government wanted and encouraged us to do with our superannuation savings. We accepted and complied with the superannuation rules which the Government made. We put our savings into superannuation in preference to many other choices which were open to us.

“Now the Government, without any notice or consultation with us, proposes to penalise us for the decisions we made at their behest. On any view, that is manifestly unfair and unreasonable. “

Being a successful barrister Jack is well-off and has a healthy super balance but he says any self-interest was overtaken by a feeling of anger and dismay as what he saw as a breach of trust by the Government.

He also notes the changes, which stand to impact more than just the richest ‘four percent’ as claimed by the Treasurer, will especially effect those who can’t get or afford financial advice.

He believes the argument needs to be framed around trust and certainty as the two pillars of principal for a sustainable super system.

He says no government should undermine the people’s trust in the superannuation system by breaking promises around policies such as the future tax treatment.

And secondly the government shouldn't undermine certainty by changing long-standing policies without notice or consultation.

You can read much more on the site and find out more about how grandfathering can protect existing superannuation from the proposed changes.

There’s going to be more fun and games around the super debate now federal parliament has returned meaning it might not be obvious who’s interests our political leaders are intent on protecting.

 

Originally posted on .

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Someone
Someone from NSW commented:

I agree with J Hammond and it is common sense to grandfather the new changes. we have all made sacrifices to put our money into superannuation instead of personal investments and we should not be penalised for this. retrospective changes are morally wrong and I find it hard to believe that this is being considered. 

Helena
Helena from QLD commented:

I am thoroughly confused by the new super rules. As a legit farmer as well as sometime contractor, I was going to ring the ato to ask if we can take out for super from the farm income. When money was tight, we couldn't do it but now things are a bit better we want to contribute retrospectively. But can we?? We need a summary in point form so we can all understand what we can and cannot do. 

Tony
Tony from QLD commented:

TG from Qld I totally agree with Jack Hammond, and the issues of trust, certainty and grandfathering are absolutely essential if you genuinely want people to lock away money in superannuation, so that the government does not have to pay you a pension and all the other subsidies when you retire. Nobody is saying to the Government that they can't ever change super rules, but if they do they MUST grandfather the previous rules for all monies already put into super accounts under those previous rules. To do otherwise breaks any concept of trust, completely removes any concept of certainty, and will ultimately destroy superannuation as a viable alternative to simply spending all your money and then going on the age pension. 

michael
michael from SA commented:

that's all the Government wants to do is rip every body off not help them at all 

Barry
Barry from QLD commented:

I am just wondering how many of you that are complaining actually voted for the present government and if you did than it serves you right. This government does not represent the poor, the worker, the so called middle class or even the rich they only represent the ultra rich. That is those who are turning over billions each year. Unfortunately for the people of Australia we have never had a government that governed Australia in the best interests of all Australians. The two major parties are hopelessly lost when it comes to looking after their own people. Maybe they should visit Norway and learn something as they are the leaders in the field of looking after their own people. BC from Qld 

Sharon
Sharon from SA replied to Barry:

could not agree more 

Someone
Someone from VIC commented:

I and many others on retirement have put in place a financial plan to provide for our surviving loved ones after our death and minimise the likelyhood of drawing upon the public purse.. My planning recognised the Anti-Detriment policy regarding funds paid to a bereaving loved one following the superannuants death. These funds are and have been part of a deceased’s estate available to meet future living expenses for any dependant surviving family member/members. "To pull the rug " so to speak from under those in retirement for a number of years [15 years in my case], who have put in place provisions for our loved ones based upon then current Government Superannuation policies should not have to suffer retrospective changes. To leave us with "a hole" in our planning of 15 years ago providing for a spouse [and dependant children where applicable] is distressing and a breach of good faith by the Government. "Grandfathering" would be an answer if anti-detriment is to be withdrawn recognising those superannuants already in retirement who cannot go back and take action that many would/could have done to protect their position prior to age 65. Those that did take a withdrawal/relodge action rather than place faith in the Govt's superannuation policy of the day will be thanking "their lucky stars" they didn't rely on a future Govt. not making respective changes and seeking to penalise families upon the death of their loved ones. The changes to the Anti-Detriment rule in fact imposes a ‘Death Duty Tax” on the widow/widowers and any dependant children. Removal of the Anti-Detriment rule is a tax of 15% from funds meant for widows/widowers and dependant children which is in addition to an additional tax of 16.5% imposed upon non- dependants. Whilst it might be argued non-dependants deserve to have to forfeit a total [defacto death] tax of 31.5% from the superannuant’s final bequest I find it totally repulsive to “hit on” the widow/widower after the death of a partner. 

Dee
Dee from NSW commented:

Yes, messing with Super is just not on. For years we have been encouraged to plough all excess cash into Super to fund our retirement and many Aussies have done just this, now to be penalised by a cap limit of $1.6M. How can we trust the Government in future? Dee. 

Carole & Keith
Carole & Keith from NSW commented:

I totally agree and pleased Jack Hammond, being a QC, has taken interest. Superannuants have paid large taxes all of our lives and don't sponge on the pension or social security. Other countries give pensions to anyone who has ever paid tax! Our country is about giving pensions/social security to immigrants etc and anyone not wanting to work...no wonder it's being eroded!!! 

Jane
Jane from NSW commented:

The way self funded retirees are treated by the current government is appalling - we are the ones suffering from the low interest rates and with virtually no encouragement to save money we are now hit with these new super rules Jane 

john
john from SA commented:

The other unfair part is that if your pension is cut of for even one day then on reinstatement the new rules will apply.Centrelink write to us at least twice a year requiring updated account balances,and give us 21 days to reply or our pensions will be cut of.Considering it can take up to 8 days to get the letter and the same for return post. You don't have much time to find the info.If you happen to be away,BAD LUCK.So much for Grandfathering.I have put this to my Federal MP who has yet to give me a satisfactory answer. 

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