Introduction
What is super?
Super is a long term savings arrangement designed to assist individuals to accumulate wealth to enable them to fund (at least some of) their own retirement. Becoming self-sufficient like this reduces people’s reliance on government services such as the age pension. Many countries use some form of superannuation. Australia’s current system of superannuation took form in 1983, when the then Hawke Labor government reached an ‘Accord’ with trade unions such that the unions agreed to forego direct pay increases in return for the introduction of compulsory super contributions for their members. Initially, employers were obliged to contribute an amount equal to 3% of their employees’ salary or wages into a super fund on that employees’ behalf. At a stroke, this meant that all affected workers (basically, union members) started to save 3% of their annual income in a savings vehicle which could not be accessed until retirement. All affected people had started compulsorily saving for the future. The system was expanded in 1992 to cover all Australian employees. This system became known as the ‘Superannuation Guarantee’ and it is still in place today. The introduction of compulsory super came as demographic analysts realised that the Australian population was ageing and this would place a substantial strain on future social security benefits that would need to be paid by the Government, especially in the form of the old age pension. Over the years since, there has been a huge increase in the amount saved into superannuation. According to the Association of Superannuation Funds of Australia (ASFA), As of the end of the June 2023 quarter, the total held in super was $3.5 trillion dollars.Forced Saving for Retirement
Given that employers must make contributions on employees’ behalf, super is effectively forced saving. And given that superannuation benefits cannot generally be accessed until a person retires, super is effectively forced saving for retirement. Saving for retirement is the predominant purpose of superannuation. Indeed, the law states that saving for retirement has to be the sole purpose of a fund if it is going to enjoy the tax concessions available for super. There is one other thing for which super is able to be used: superannuation also provides a way for people to finance life insurance during their pre-retirement years. The Superannuation Guarantee system has had a positive effect – something that is often overlooked as super and its place in public policy is often politicised. But there is evidence to suggest that Australia is comparatively well-placed, in world terms, to cope with the ageing of its population (this ageing is also being experienced in other developed economies). Put simply, Australia’s superannuation system is undoubtedly one of its economic strengths.Chapter 1: Moving Money into Superannuation: Contributions
Concessional Contributions
Concessional contributions, often known as ‘before tax’ contributions, are made using income that is not taxed in the hands of the person making the contribution. Contributions can be made by employers or individuals. Employers make contributions via the compulsory Superannuation Guarantee, now at 11% for all eligible employees, and via additional contributions over and above this, which may include salary sacrifice. Individuals can usually also make a tax-deductible personal contribution into their super fund. These are known as ‘personal contributions.’ Once concessional contributions arrive in a fund, they are generally taxed at 15%. The fund pays this tax, and the member’s balance within the fund is reduced accordingly.Tax on Concessional Contributions
As stated, concessional contributions are taxed at 15% in the hands of the superannuation fund. The fund pays this tax directly to the tax office. For example, consider an employee earning $70,000 a year. Under the superannuation guarantee rules, her employer must make a contribution worth 11% of her salary into super, equating to $7,700. The employer pays this full amount directly into the employee’s super fund. For superannuation contributions, the employer does not withhold tax. Instead, the employer pays the full amount of the contribution into the superannuation fund, and the superannuation fund pays tax to the government. In this scenario, the employer must contribute $7,700 directly to the fund. Having received the money, the fund must then pay tax of 15% ($1,155), leaving $6,545 in the employee’s superannuation account.High-Income Earners – Division 293 Tax
The ‘typical’ tax rate of 15% applies to contributions on behalf of people whose income is less than $250,000. Contributions on behalf of high-income earners who have an adjusted taxable income in excess of $250,000 per annum are taxed at a higher rate of 30%. This is known as ‘Division 293 tax.’Salary Sacrifice
The superannuation guarantee rules oblige an employer to contribute an amount equal to 11% of an employee’s wages or salary into superannuation. The amount that can be salary sacrificed is limited to $27,500 less any amount being paid into super as a superannuation guarantee. A person who receives a superannuation guarantee contribution of $10,000, for example, can only sacrifice an additional $17,500 of income into superannuation. Personal marginal income tax rates increase as income increases. For example, once a person’s taxable income has reached $45,000, their marginal income tax rate becomes 32.5%. This means they only get to keep $0.675 for each dollar that they earn above $45,000. Once taxable income goes over $120,000, the marginal tax rate increases to 37%, meaning people only get to keep $0.63 of every dollar they earn, etc. The full list of rates for the 2022-2023 tax year is as follows:Income – Marginal tax rate
$0 – $18,200 | 0% |
$18,201 – $45,000 | 19% |
$45,001 – $120,000 | 32.5% |
$120,001 – $180,000 | 37% |
$180,001 and above | 45% |
Personal Contributions
Members of super funds can claim a tax deduction for contributions that they pay directly into a superannuation fund. Personal contributions can be made up to the age of 74, with a cap that personal contributions do not exceed $27,500 in a given year.The Concessional Contributions Cap
Contribution splitting
You may have heard the term ‘contribution splitting.’ A member is permitted to transfer (or ‘split’) certain contributions between themselves and their spouse. They do this by transferring the contributions they have made from their super account to their spouse’s account. This rule recognises that some spouses (generally female) have restricted work patterns compared to their partners. Women often take time off work to have children and raise their family, which prevents them from accumulating significant funds in their super account. This concession is designed to recognise and address this imbalance. The rules allow for up to 85% of a concessional contribution (that is, the amount left after tax) made in the previous financial year to be transferred to the spouse’s account. The funds that are transferred to the spouse are treated as a ‘rollover’ and not as a contribution, which means they do not get taxed again in the hands of the recipient. As the funds were initially a concessional contribution, the funds will be an entirely taxable component and form a part of the recipient spouse’s taxed element in their fund. While splitting was first introduced to allow for a non or low-earning spouse to effectively be superannuated, it is often used for more pragmatic reasons. There is no rule that benefits need to flow in a particular way (for example, from the member with a higher balance to a member with a lower balance). So, one common strategy is for a younger partner to split his or her contributions to an older spouse. The benefit here is that the money will generally become available sooner by doing this (remember: super must remain in a fund until a condition of release is met. The most common condition of release is reaching the relevant age). An alternative is to split contributions in such a way as to maximise Centrelink entitlements. This might mean deliberately minimising the super balance of one or the other spouse – usually the older spouse who is likely to seek Centrelink benefits sooner.Non-concessional contributions
Non-concessional contributions are ‘after-tax’ contributions made into a superannuation fund. For the 2023-2024 financial year, the annual cap for non-concessional contributions is set at $110,000. Individuals under the age of 75 have the option to ‘bring forward’ up to three years’ worth of these contributions, allowing them to contribute up to $330,000 in a single year, provided this is within a three-year period. After turning 75, members can still make non-concessional contributions up to 28 days after the end of the month in which they turn 75. Post this period, such contributions are no longer permitted.Downsizer Contributions
As of 1 January 2023, individuals aged 55 and over who sell their family home can contribute up to $300,000 per person into their superannuation as a non-concessional contribution. This change is part of the expanded Downsizer Scheme, aimed at encouraging older Australians to downsize their homes and boost their retirement savings. People taking up this offer (and there have not been many) will also ‘unlock’ equity from their family home to fund their retirement. Again, this is seen as good social policy, as wealth stored in the family home is hard to spend. The family home is also not counted for Centrelink purposes, meaning that many people who own expensive homes qualify for aged pension support. This measure effectively allows older Australians to swap part of the tax-free investment that their house represents for a tax-free investment within their superannuation (given their age). The measure only benefits people in very limited circumstances, so we encourage you to contact us if you are contemplating downsizing the family home.Chapter 2: Moving Money Between Superannuation Funds: Rollovers
The advantages of rollovers
There are various advantages to be had by rolling superannuation benefits over from one fund to another. These advantages are discussed below.Consolidation
Coverage of insurance policies available within the fund
As discussed below, superannuation funds often make life insurances available to their members. The availability of life insurance can be a significant factor in determining whether one fund is better than another. Therefore, rolling benefits over from one fund to a second fund with a superior insurance policy can make good sense. It can be difficult to gauge the relative merits of different insurance policies. We encourage you to get advice before changing super funds in pursuit of better insurance.Fees
The risks of a rollover
Loss of ancillary benefits
The potential loss of ancillary benefits is the major risk when rolling over superannuation benefits. Superannuation funds are supposed to be managed for the sole purpose of providing retirement benefits to the members of the fund. These retirement benefits are often referred to as the ‘core benefits’ of a fund. That said, the super rules also allow a super fund to provide ‘ancillary benefits’ to its members. These ancillary benefits include risk insurances, especially death and TPD benefits. As a result, many managed super funds provide risk insurance benefits to members. Historically, this was often done on a default basis, where all members who meet certain thresholds purchased stated levels of insurance, without having requested for this to happen. The premiums for these insurances were deducted from member balances. Because this was on a default setting, the member did not always know that the insurance existed – or that the premiums were being charged. Many managed funds are now asking members to ‘opt in’ to life insurance, rather than have it automatically arranged. When a member rolls their superannuation benefits out of a given fund, they will lose access to any ancillary benefits being made available through the fund they are leaving. And when a member rolls their superannuation benefits into a given fund, they will typically gain access to any default ancillary benefits being made available to that fund. The main risk of switching from one fund to another is that the new fund might not provide the same level of ancillary benefits as the one that is being closed. This may mean that the member loses some or all of their existing insurance cover. This raises the prospect of a client being uninsured in the event that they need to make a claim. Basically, a decision to rollover super funds often becomes a decision to change insurance providers. Changing insurance providers can lead to a reduction or complete loss of insurance coverage. So, care needs to be exercised when changing super funds. In summary, make sure you talk to us before you rollover out of a super fund.Chapter 3: Earning Money in Superannuation: Investments
Managed superannuation funds
The majority of superannuation benefits are held within what are known as ‘managed superannuation funds.’ These are large funds in which individual members have an account. Benefits of each of the members are pooled and used to purchase various investment assets. Frequently, members of the fund have discretion as to how their benefits may be invested. At a simple level, members are typically able to exercise discretion as to the level of risk to which their superannuation benefits are exposed in the pursuit of investment returns.Self-Managed Superannuation Funds
In a self-managed superannuation fund, the fund must have a written investment strategy that it applies to the management of member benefits. The Australian Tax Office have produced a simple, breezy video explaining the investment strategy required for an SMSF: The trustees then apply this strategy and make investments on behalf of the members. Typically, members of a self managed super fund share a very similar investment profile such that a single investment strategy can be applied across all of the fund’s members. For example, a married couple managing their own superannuation fund will typically have the same investment profile. They will generally each need to make use of their money at the same stage of life as each other and this generally allows them to manage their separate superannuation benefits using a single strategy. We have also published a comprehensive e-book about self managed superannuation. Check under the resources tab on our website.Investment profiles and superannuation
Chapter 4: Life Insurance through Superannuation
Using super to purchase income protection insurance
While it makes sense to use super to purchase death cover and TPD, it can make less sense to use super to purchase income protection insurance. There are a few reasons for this. Firstly, premiums for income protection insurance are typically deductible in the hands of the person being insured. This means that if the insured person’s marginal tax rate is greater than 15%, then the tax deductibility for their insurances will be greater if they take out the insurance in their own name. A higher tax deduction means a lower effective cost for the insurance. If we return to the example of Wendy, let’s imagine that she’s going to pay $1,000 per year to purchase an income protection policy. If she purchases the policy through her superannuation fund, that fund will need to pay $1,000. The fund then gets a tax refund of 15%, or $150, meaning her balance has fallen by $850. Wendy’s personal marginal income tax rate is 32.5%. If she pays $1,000 directly to the insurer, she can claim a tax deduction equal to 32.5% of $1,000. She receives $325 back from the tax office, meaning that her insurance has only cost her $675 in after-tax terms. But tax-deductibility is not the only reason that paying for income protection insurance within super can be a bad idea. When a super fund owns an insurance policy, any payments made under the policy are actually paid into the superannuation fund. In order for the member of the fund to receive the benefits, the super fund needs to be allowed to release the money to that member. In the case of a death or a total and permanent disability, the rules for the release of superannuation benefits are typically met (although there can be a little bit of a grey area when it comes to total and permanent disability). But when it comes to income protection, it is quite possible that the preservation rules within superannuation (the rules that prevent people removing money until they retire) will prevent a member from accessing the insurance payment. This is illustrated in the following story.You may have come across this heart-breaking (and very frustrating) story. The story involves a father whose one year old daughter needs a liver transplant. Being so young, the liver does not need to be very big and, thanks to the wonder of our age, she is able to make use of a small piece of her father’s liver. Unsurprisingly, Dad is more than happy to oblige. But having part of your liver removed is not a small procedure, and he needs to take three months off work. He has an income protection policy which should kick in after 30 days, and he was anticipating receiving a payment of 75% of his income for the second and third months that he is off work. But there is a hitch. His income protection is held through super, which means that the insurance is paid to the super fund. Any subsequent payment from the fund to the father constitutes a withdrawal of benefits from the super fund. And the fine print for his fund says that he cannot access such funds in cases of ‘elective surgery.’ Which, in strict legal terms, this surgery is. The strict, narrow interpretation of elective surgery is surgery that will not save your life. In this case, there would be no harm to the Dad if he did not have the surgery. The transplant will save his daughter’s life, not his. This is, of course, poor form from the institutions concerned. Few people would see anything ‘elective’ about surgery that saves a child’s life. But it also underscores the importance of having your risk insurances properly organised. Super can be a good source of finance for some forms of risk insurance, but not for all of them. It is for precisely this reason that it is important to speak to an adviser before proceeding with risk insurances.
Chapter 5: Getting the money out: withdrawals and pensions
- The member has reached the age of 65;
- The member has reached their ‘preservation age’ and retires;
- The member has reached their preservation age and begins a transition to retirement income stream;
- The member ceases an employment arrangement on or after the age of 60;
- The member has died.
Date of birth | Preservation age (years) |
Before 1 July 1960 | 55 |
1 July 1960 – 30 June 1961 | 56 |
1 July 1961 – 30 June 1962 | 57 |
1 July 1962 – 30 June 1963 | 58 |
1 July 1963 – 30 June 1964 | 59 |
After 30 June 1964 | 60 |
Special Circumstances
Members can also access their super in other special circumstances, including:- Termination of gainful employment;
- Permanent incapacity;
- Temporary incapacity;
- Severe financial hardship;
- Compassionate grounds;
- Terminal medical condition.