CHAPTER 9

Twenty-third Report of the Senate Select Committee on Superannuation
SUPERANNUATION SURCHARGE LEGISLATION
TABLE OF CONTENTS

CHAPTER 9

DEFINED BENEFITS SCHEMES AND ACTUARIAL STANDARDS

Introduction

9.1 A defined benefits fund is one in which the final benefit payable to a member does not wholly depend on the earnings of the fund, as is the case with accumulation funds where benefits are based on employer and employee contributions and the fund's earnings. There are a variety of defined benefits funds.

9.2 Generally, the final benefit depends on the final wage or salary of the member and the number of years that the member has been in the fund. A number of defined benefits funds are 'unfunded', as the employer does not make regular contributions to the fund, although the member does, and the final benefit, other than the member's contributions and interest, is paid by the employer.

9.3 Common examples of such funds are those relating to the public sector, (ie. most public servants) and Members of Parliament. In such funds there is no calculation of the value of the employer contribution and the interest earned on the employer's contributions had they been made.

9.4 Another variety of defined benefit fund is that where both the employer and the employee contribute to the fund but the final benefit payable is not based on the earnings of the fund. Rather, a certain level of benefits is payable regardless of the earnings of the fund. Such funds are known as funded defined benefits funds.

9.5 While there are no difficulties with calculating the value of the employer's contributions and the total earnings of the fund in funded schemes, the employer's ultimate contribution is unknown as the defined benefit payable may be significantly above the amount of the fund's earnings. The most common example of such schemes are public sector funds that are not exempt funds for the purpose of the Superannuation Industry (Supervision) Act 1993.

9.6 A final variety of defined benefits funds are funds in which the employer is responsible for all contributions to the fund, such as Superannuation Guarantee contributions, and the employer pays a benefit that is defined, again usually by the final salary and years of service. Such funds are, again, unfunded schemes. An example of such funds are those applicable to members of the judiciary in certain States.

9.7 The proposed surcharge threshold, currently $70 000, is based on the assessable income of the person plus superannuation contributions made in respect of the member. This presents problems in unfunded defined benefits schemes where the actual value of the employer's contributions to the final benefit is not known.

9.8 In relation to unfunded schemes, the Superannuation Contributions Surcharge (Assessment and Collection) Bill 1997 defines an unfunded defined benefits scheme to be a scheme where some or all of the funds necessary to pay the defined benefit will need to be contributed to the fund by the employer when the benefit becomes payable.

9.9 For such schemes, an amount, known as the notional surcharge amount, is to be added to a debit account of the member and this amount, plus interest calculated at the 10 year Treasury bond rate, is to be deducted from the member's account when benefits become payable. The amount that is to be deducted could be very substantial and will increase with income.

9.10 The submission by the Judicial Remuneration Coordinating Committee suggested that for a Supreme Court judge with a 15 year surcharge liability the amount could be as high as $270 000. [1] Such an amount would be deducted from the benefits payable to the person when they left the fund. Evidence presented to the Committee raised a number of points in relation to the proposed surcharge as it relates to defined benefits schemes.

9.11 The Association of Superannuation Funds of Australia stated in its submission to the Committee:

Notional Employer Contributions

9.12 The notional employer contribution (NEC) is to be used to assist in the calculation of the amount that is to be debited to a member's account. Under the Superannuation Contributions Surcharge (Assessment and Collection) Bill 1997, the NEC for a year will be as certified by an eligible actuary according to Australian actuarial practice.

9.13 The Institute of Actuaries of Australia and the Deputy Australian Government Actuary advised the Committee that the Government has requested the Actuarial Advisory Committee, to prepare guidelines for the calculation of the NEC. The Actuarial Advisory Committee comprises representatives of the Institute of Actuaries of Australia, the Australian Taxation Office and the Australian Government Actuary. [3]

9.14 It is not clear what the guidelines will contain and whether there will be one guideline for an entire fund or different sub-sets of guidelines for different classes of members within the fund. On this issue, Mr Ward, representing William M. Mercer Pty Ltd, indicated that:

9.15 In regard to the general principles to be used in regard to determining the NEC, Mr Francis of the Institute of Actuaries of Australia stated that:

9.16 Evidence given to the Committee indicated a number of possible approaches to calculating the NEC in respect of a member of a fund, being either individual calculation, which would be very costly; creating separate rules for various classes of members; or, the simplest method, introducing a single rule that would apply to all members of funds. In relation to the last method, Mr Ward stated:

9.17 The question of equity should a standard formula be used was also raised by members of the Committee with the probability of there being those who would be advantaged by the application of a standard rule and those who would be disadvantaged.

9.18 The issue of the timing for the issue of the guidelines relating to the calculation of the NEC was also raised. Mr Francis of the Institute of Actuaries of Australia, when questioned as to when the guidelines were likely to be available, stated:

9.19 Another issue raised is whether the notional debit calculated under the NEC can be adjusted when the defined benefit actually becomes payable and what will happen in the situation where the notional debit exceeds the actual amount of surcharge payable. When the proposition was put to the Deputy Australian Government Actuary that there will be no adjustment between the notional debit and the actual surcharge payable, he replied that "I expect that to be the case." [8]

9.20 The proposed role of the actuaries in determining the rate at which the NEC is to be calculated was also raised before the Committee. The argument has been put that the substantial role to be performed by the actuaries is, in effect, a delegation of the Commonwealth's power and that the amount of surcharge payable may ultimately be determined by actuaries. The Bar Association of Queensland submitted that:

9.21 The submission made to the Committee by the Association of Superannuation Funds of Australia (ASFA) also supported this view, commenting that:

Commutation Rules

9.22 The deeds of superannuation funds generally provide for benefits to be payable as either a lump sum or a pension and provide for a pension to be commuted to a lump sum or a lump sum to be commuted to a pension. The rates at which the commutation occur are defined in the trust deed of the fund.

9.23 There are some funds that do not allow the commutation of a pension to a lump sum, principally where there are no employee contributions (some funds mainly relating to members of the judiciary). The issue has been raised of the effect of the surcharge on the rate of commutation that will apply to defined benefits schemes where the amount of surcharge payable exceeds any lump sum entitlement of the member. In such a case part or all of the member's pension entitlement would need to be commuted to enable the surcharge to be paid when the surcharge liability arises, which will be at the time the member leaves the fund.

9.24 The issue is whether the commutation rate in the fund's deed, if such a rate exists, would be the same as that determined under the proposed surcharge scheme or whether the proposed surcharge commutation rate would override that in the fund's deed.

9.25 The Deputy Australian Government Actuary submitted that the commutation rate for the surcharge would be determined by actuaries. He expressed the opinion that for defined benefits funds there could be a difference between the commutation factor contained in the deed and the one required for payment of the surcharge. The Deputy Australian Government Actuary stated:

9.26 The possibility of legislation altering the commutation factor of a public sector defined benefits scheme to allow a sufficient proportion of a pension to enable the deferred surcharge to be paid was the issue raised by the Deputy Australian Government Actuary.

Particular Schemes

9.27 Concerns have also been raised about the effect of the surcharge on certain superannuation schemes.

Military

9.28 A submission to the Committee by the Armed Forces Federation of Australia raises a number of issues regarding the potential impact of the proposed surcharge on members of the armed forces. One issue relates to the position of members who voluntarily discharge themselves from the services prior to completing 20 years service. The submission states:

9.29 The submission also argues that when the new scheme was introduced in 1991, the Government gave an "Iron Clad Guarantee" that members of the Defence Force Retirement and Death Benefits Scheme (DFRDB) 'would not be touched'.

9.30 The final point made in the submission is that:

9.31 The arguments relating to DFRDB and the allowances were also supported in a submission made by the Returned and Services League of Australia Limited. [15]

Possible Alternatives

9.32 In its submission to the Committee, the Institute of Actuaries of Australia suggested that for defined benefits funds it should be possible for a member to pay their notional surcharge each year and therefore avoid the consequences of compounding interest on their notional debit (ie. where interest is payable on the interest accumulated in the debt). While the amount of the notional surcharge may be difficult to calculate, this could be addressed in the actuarial guidelines. In its submission, the Institute of Actuaries of Australia stated:

9.33 The same argument could also be made in respect of a member of a superannuation provider who wished to pay an annual amount of surcharge rather than see a debt accumulate.

Government position

9.34 The Government's position in regard to defined benefits funds was outlined by the Treasurer in a Press Release dated 5 February 1997. The Press Release stated, in part:

9.35 The Press Release then explained the role of the NEC and continued:

9.36 Regarding the role of actuaries, the Press Release noted that a certificate relating to the amount of the NEC was to be prepared in relation to members of defined benefits funds and continued:

9.37 The Explanatory Memorandum to the Superannuation Contributions Surcharge (Assessment and Collection) Bill 1997, in a section dealing with the application of the surcharge to defined benefits funds, states:

9.38 The Explanatory Memorandum then addressed the issue of the interest payable on such debits and stated:

 

[GO TO CHAPTER 10]

Footnotes

[1] Submission No. 64, p. 4.

[2] Submission No. 23, ASFA, p. 15.

[3] Evidence, p. S194.

[4] Ibid., p. 185.

[5] Ibid., p. 258.

[6] Evidence, p. 185.

[7] Evidence, p. 254.

[8] Evidence, p. 202.

[9] Submission No. 71, p.2.

[10] Submission No. 23, p. 15.

[11] Ibid., p. S199.

[12] Ibid.

[13] Submission No. 51.

[14] Ibid.

[15] Submission No. 55.

[16] Submission No. 39, pp. 6-7.

[17] Explanatory Memorandum to the Superannuation Contributions Surcharge (Assessment and Collection) Bill 1997, p. 25.

[18] Ibid.