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  • 13 Government Assistance and Income
  • Superannuation
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What is superannuation and how does it work? This chapter explains superannuation schemes and the benefits of superannuation as well as exploring how trustee or insurer decisions can be reviewed.


We would like to thank Paul Bingham, Barrister, for contributing this chapter through the Fitzroy Law Handbook Online. A particular thanks to the Fitzroy Legal Service for permission to reproduce this chapter here.

Superannuation Schemes and Benefits

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Superannuation Benefits

Trust deeds provide for benefits to be paid to members and their dependents in different circumstances. These include resignation, retirement, total and permanent disability, total and temporary disability, and death benefits. Trustees normally have no discretion in relation to the payment of ...

Superannuation Benefits Disputes

Death benefit disputes Disputes about death benefits are common. In addition to the benefits which have accumulated in the fund at the date of death, many funds provide substantial life insurance benefits, which are added to the accumulated benefit. The death benefit is, however, usually not ...

Reviewing a Trustee’s Decision

How trustees should make decisions Trustees are required by law to make decisions solely with the interests of the beneficiaries in mind. They must exercise any powers and discretion under the trust deed in good faith, and for the purpose for which the powers were granted. Trust...

Reviewing an Insurer’s Decision

Some funds provide insured benefits to members. Whether a member is entitled to the insured benefit depends both on the terms of the trust deed and on the terms of the insurance policy. The definition of "total and permanent disablement benefit" or "total disablement" (for income protection or sa...


Australian Taxation Office Superannuation Hotline: 13 10 20 Web: Financial Ombudsman Service GPO Box 3 Melbourne Vic 3001 Tel: 1300 780 808 Fax: 9613 6399 Email: Web: Superannuation Complaints Tribunal Locked Bag 3060 GPO ...

Page last updated 19/03/2018

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