CHAPTER ONE

RETIREMENT SAVINGS ACCOUNTS LEGISLATION
CONTENTS

CHAPTER ONE

RETIREMENT SAVINGS ACCOUNTS

Introduction

1.1 During the 1996 March Election Campaign the Coalition parties gave a commitment to allow financial institutions such as banks, building societies, credit unions, life offices and super funds to offer individual superannuation.

1.2 The election document also stated that " the Coalition's intention is not replace existing superannuation funds, but to complement current options by expanding the range of options open to consumers." [1]

1.3 On Budget night, August 20 1996, the Treasurer announced that the Government had decided to " allow banks, building societies, credit unions and life insurance companies (life offices) to provide superannuation without a trust structure in the form of Retirement Savings Accounts (RSAs). RSAs will be "capital guaranteed'. The accounts, into which a member and / or an employer on the members' behalf will be able to make deposits, will be fully portable, owned and controlled by the member, and subject to the retirement income standards of superannuation products, including preservation. RSAs will also be able to accept superannuation contributions on behalf of non-working and low income spouses." [2]

1.4 In the second reading speech, the Parliamentary Secretary (Cabinet) to the Prime Minister, the Hon Chris Miles said the following:

 

Conduct of the Inquiry

1.5 On 12 December 1996 the Senate Selection of Bills Committee referred the package of legislation for RSAs to the Senate Select Committee on Superannuation for full public examination.

1.6 The Committee wrote to selected organisations inviting submissions. It also advertised this reference in The Australian Financial Review on Tuesday 11 February 1997 and received a number of inquiries from other persons who were provided with information about the inquiry. As a result the Committee received 20 submissions from those persons listed in Appendix 1, and held three public hearings, two in Canberra on 11 and 25 of February and one in Melbourne on 21 February 1997. A list of witnesses who appeared at those hearings is at Appendix 2.

 

Retirement Savings Accounts Bill

1.7 1.8 Provisions of the Retirement Savings Accounts Bill (RSA Bill) allow banks, building societies, credit unions, life insurance companies and prescribed financial institutions to provide superannuation accounts that do not require the trustee structure presently required for superannuation providers to receive concessional taxation treatment. Subsequent to foreshadowed Government amendments to this Bill, certain friendly societies will be included as approved financial institutions, where the Australian Financial Institutions Codes (AFIC codes) apply to them. Details of the new structure will be contained in the regulations.

1.9 The RSA Bill provides for the functional supervision of RSAs by the Insurance and Superannuation Commission (ISC). The Bill is based on the regulatory regime currently in place for superannuation entities under the Superannuation Industry (Supervision) Act 1993. 'This will ensure that the treatment for RSAs is as consistent as possible with that which applies to existing superannuation products.' [3]

1.10 Provision is made for:

1.11 It is important to note that by establishing the role of the ISC as functional regulator of RSA providers, the legislation effectively imposes a dual regulation regime, as prudential regulation of providers remains with "home" regulators. For example, prudential supervision of banks marketing RSAs will remain with the Reserve Bank of Australia, while functional supervision will fall to the ISC. The Opposition members of the Committee note that the regulation of RSAs will continue to remain uncertain due to the existence of the Wallis Inquiry into the Financial Services Sector. The Committee anticipates that a number of Wallis' recommendations and the subsequent Government response may in fact result in a radical overhaul of the current regulatory regime.

1.12 1.13 The Opposition members therefore note that due to this current environment it may be appropriate for the Committee to examine the provision and supervision of RSAs post Wallis.

Retirement Savings Accounts (Consequential Amendments) Bill

1.14 The Retirement Savings Accounts (Consequential Amendments) Bill (CA Bill) contains provisions amending a number of Acts to create a similar environment to that currently applying to existing superannuation products such as superannuation funds and approved deposit funds by:

 

Retirement Savings Accounts Supervisory Levy Bill

1.15 Provisions of the Retirement Savings Accounts Supervisory Levy Bill (Levy Bill) creates a levy to be paid by entities providing RSAs. The purpose of this levy is to recover the costs of supervision by the Insurance and Superannuation Commission (ISC) in monitoring the compliance with retirement income and other superannuation standards. [6]

1.16 The Levy Bill proposes to effect full recovery of the ISC's supervision of RSAs. It does this by imposing a levy on RSA providers (banks, building societies, credit unions and life insurance companies) that offer RSAs and who lodge an annual return with the ISC.

1.17 This Bill makes provision for the application of:

 

The Superannuation System

1.18 In 1992 the Labor Government, with bipartisan support introduced the Superannuation Guarantee Charge Act 1992. This legislated for a compulsory employer contribution to be made to an employee's superannuation account the total contribution level is to be 9 per cent by the year 2001-2.

1.19 The SGC was the first pillar in what has become an unique system of superannuation saving. Australia's superannuation system has been recognised by the World Bank as being a leader. Founded upon three pillars, these being compulsory employer contributions, the ability to voluntarily save for retirement and the continuance of a universal pension safety net. The Australian superannuation system provides a high level of security and flexibility.Retirement incomes is one of the greatest challenges facing a modern market driven economy. Australian demographics indicate that by the year 2026 the average age of the population will be 41 [8]. The Labor Government took the decision in 1992 to introduce a compulsory system of superannuation savings to achieve the dual aims of ensuring that citizens could expect a decent standard of retirement income, as well as fostering intergenerational equity.

1.20 1.21 The SGC followed the 1985 Productivity Wage Case in which the Commission determined that all employees would receive a productivity wage increase of 3 per cent which would be delivered through an employee's superannuation.It is against this background that superannuation policy in the 1990's has been formulated. Foremost in all policy consideration has been, and must continue to be so, the fact that superannuation is part of an employees wage that has been compulsorily saved.In 1995 the Labor Government announced that all employees would be required to save one per cent of their average weekly earnings into superannuation from the 1996-97 year. This employee contribution would rise to three per cent by the year 2002.

1.22 1.23 1.24 The Labor Government also announced that it would match the employee contribution. The total cost of this policy announcement once fully implemented is to be $4.5 billion in the year 2002.

1.25 This initiative was developed in order to achieve the maximum amount of contributions into superannuation. It has been well documented by a number of industry experts that for an employee to have a sufficient level of income in retirement contribution levels have to be in the realm of between 12 to 15 per cent of an employee's average weekly earnings. [9]

1.26 The Labor Government considered that the 9 per cent employer contribution, 3 per cent employee contribution and the matching 3 per cent government co-contribution represented sound policy mix.

 

The current trustee system

1.27 Given the compulsory nature of superannuation savings the Labor Government considered it appropriate to ensure that public confidence was maintained through a world class system of prudential regulation. In 1993 the Labor Government introduced and implemented, with bi-partisan support the Superannuation Industry Supervision (SIS) Act 1993. Fundamental to this system is the principle that superannuation monies must be managed on trust. Arguably the most demanding commercial test in Australian law, at present, trustees of superannuation funds are both personally and professionally criminally liable for their actions in relation to the investment, management and administration of superannuation monies.

1.28 1.29 A crucial part of this trustee structure is the equal representation of both employer and employee representatives at Board level. For a decision to be binding a two thirds vote must be taken, thus ensuring that no class of member can dominate the superannuation fund.Due to the compulsory nature of the system, the SIS Act provides for compensation in the event of theft or fraud. The combination of these protections facilitates a high level of public confidence in the overall security and stability of the superannuation system.

1.30 1.31 At present superannuation products are issued under a trust structure. This requires trustees to be responsible for the actions of the trust according to trust law, and to observe various prudential and other regulations.

1.32 The incentive to comply with SIS is the 15 per cent concessional rate of tax which applies to complying superannuation funds. Non-complying funds are subject to the normal taxation regime for companies and trusts which would normally mean the company tax rate.

1.33 The trustee structure reflects that superannuation monies are held by the funds on behalf of their members. Any net earnings on investments are credited to members' accounts, rather than to the investment entity. Financial institutions such as life offices, banks, credit unions and building societies are not prohibited now from the provision of superannuation services, as they can establish subsidiaries with a trustee structure so as to construct complying funds. A number of such subsidiaries now exist.

 

Individualised Superannuation

1.34 Individualisation of superannuation occurred in the United Kingdom through the encouragement of individual superannuation products from 1988. It is currently estimated that 1.5 million people may have to be compensated costing the United Kingdom government between four to eight billion dollars.

1.35 In his recent visit to Australia, Mr Tom Ross of the United Kingdom National Association of Pension Funds stated,

1.36 The SIS Act was the Australian response to the Maxwell disaster.

1.37 Given the compulsory nature of the superannuation system and the fact that superannuation represents an individual's retirement income, it is essential that Government policy maintains a secure and safe system.In this environment it is entirely appropriate that the Senate Select Committee on Superannuation examine these RSA bills to ensure that the broad thrust of retirement incomes policy is being maintained.

What RSAs will do

1.38 1.39 The proposed RSAs are seen to address three problems arising from superannuation arrangements, namely lack of choice, small balances and proliferation of accounts. In the words of the Treasurer's press release of 20 August 1996:

1.40 There has been general agreement that the returns on RSAs will be less than other superannuation accounts. This reflects in part the capital guaranteed structure of RSAs where the amount invested cannot be reduced by negative investment returns. The proposal for a maximum limit for RSAs was rejected by the Government. Instead it was decided to require RSA providers to inform holders of their investment options when the limit is reached. This will allow RSA holders to remain with their RSA if they wish.

1.41 However a number of organisations namely the Australian Council of Trade Unions, the Australian Institute of Superannuation Trustees and the Australian Consumers' Association amongst others did indicate that they believe the $10 000 mark to be a considerable level of accumulated superannuation savings for those employees who earn the average weekly wage.

1.42 These organisations highlighted the absolute necessity for a clear statement in relation to the health warning, and suggested that the health warning used for cigarette smoking may in fact be appropriate.

 

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Footnotes

[1] Coalition March 1996 Election Policy " Super For All"

[2] 1996/97 Budget Press Release entitled "Retirement Savings Accounts".

[3] Retirement Savings Accounts Bill 1996, Explanatory Memorandum, p 1.

[4] Retirement Savings Accounts Bill 1996, Explanatory Memorandum, pp 1-2.

[5] Retirement Savings Accounts (Consequential Amendments) Bill 1996, Explanatory Memorandum, p 1.

[6] Second Reading Speech on the Levy Bill

[7] Retirement Savings Accounts Supervisory Levy Bill 1996, Explanatory Memorandum, p 1.

[8] Australian Bureau of Statistics, Projections of the Populations of Australia, States and Territories, 3222.0, Table 9.5

[9] The extension writing os Vice Fitzgerald regarding the requirement for 18 per cent of an employees average weekly earnings to be contributed to super, ASFA publications and more recently the Coalition Government's own National Commission of Audit.

[10] the 1996 ASFA Conference Edition of SuperFunds.