DISSENTING REPORT

25th Report of the Senate Select Committee on Superannuation
THE PARLIAMENTARY CONTRIBUTORY SUPERANNUATION SCHEME & THE JUDGES' PENSION SCHEME
TABLE OF CONTENTS

DISSENTING REPORT

SENATOR LYN ALLISON, AUSTRALIAN DEMOCRATS

This dissenting report expresses the firm view of the Democrats that the Parliamentary Contributory Superannuation Scheme (PCSS) is too generous and is in urgent need of reform. The majority report goes some way to acknowledge the criticisms of the PCSS and explores the inequities inherent in the scheme between members of parliament whose terms of office and retirement ages vary widely. But, the report fails to tackle the more substantive issues to do with the level of public subsidy to the scheme as it was expected to do in its terms of reference. Furthermore, it shirks from what we acknowledge is the difficult but important task of bringing the scheme much more into line with community standards, while having proper regard to the usual nature of parliamentary life. In effect, the majority report refers that task back to the Government and the Remuneration Tribunal. In our view, this is unlikely to result in significant change in the absence of firm recommendation from the Committee as to the direction that reform of the scheme needs to take.

It is fair to say that this Inquiry was not welcomed by the major parties, and our recommendations, insofar as they would reduce, to varying degrees, the entitlements of parliamentarians, are unlikely to be popular with all of our colleagues. However, the evidence to the Committee, was, in our view, compelling in making the case for such a direction in reforming the PCSS.

The Inquiry was established as a result of a reference moved by the Leader of the Australian Democrats, Senator Cheryl Kernot. Introducing the reference, Senator Kernot told the Senate:

"The terms of references show that we seek to look at the fairness of the schemes, particularly in relation to the cost to the public purse and in relation to the benefits received by other citizens.....What is happening now is that the scheme we have in place actually fails the test of fairness."

The terms of reference are reprinted in the majority report. It is our view that the absence of concrete recommendations for reform of the scheme in the majority report has resulted in the report not fully addressing the terms of reference, even though the Committee had before it substantial evidence supporting the case for reform of the scheme.

 

A. LEVEL OF PUBLIC SUBSIDY TO THE PARLIAMENTARY SCHEME

The need for this Inquiry was amplified by the material contained in detailed media reports on the scheme - notably Inside Canberra and the Reader's Digest - highlighting the very high level of publicly funded benefits received by some former members of the PCSS. The Inside Canberra article alleged that some recently retired parliamentarians had received benefits with a capital value of over $2 million having made contributions of just $100,000 to $130,000 throughout their Parliamentary life. While in many respects these figures are an exaggeration and somewhat distorted, they added to the already high level of public concern that the scheme was excessively generous, a view amplified in submissions to the Committee. The public, in our view, has a legitimate right to be concerned by outcomes such as the fact that, over the last two elections, as many as five members of Parliament left office aged 40 years or less with an entitlement of a pension for life of between $40,000 and $52,000.

Because the PCSS is an unfunded defined benefits scheme, and because the benefit varies dependent on the years of service of the parliamentarian, it is extremely difficult to estimate the exact level of public subsidy for the retirement benefits of superannuation. The Government Actuary has reported that the "notional employer contribution" as 69.1 per cent as at 30 June 1996. The Actuary calculated this notional contribution as the effective cost of the PCSS benefits as a percentage of the total salaries of scheme members. As such, the figures does not strictly represent the level of subsidy for each individual members' superannuation, which varies dependent on the years of service of the member at retirement.

The Actuary also provided the Committee with an estimate of the actuarial value of benefits for a notional male member at age 32. These varied markedly with years of service. Assuming the benefit is taken fully as a pension, it varies between 16 -20 times parliamentary salary for a member retiring involuntarily with 8 -25 years service. However, the Actuary did not calculate how much of this was funded by the parliamentarian's own contributions and how much was funded by public subsidies.

Senator Kernot, in her evidence to the Committee, tabled some estimated calculations of public subsidy for parliamentarians retiring involuntarily with different years of service. The calculations, prepared by her office, sought to calculate the ratio of "public" or "employer" contributions to parliamentarian's contributions. It should be emphasised that such an exercise is sensitive to the assumptions used, however, it did illustrate the heavily subsidised nature of the scheme:

Estimates of Employer Contributions to the PCSS


Years of Service at Retirement         Ratio of Employer to Member             
                                       Contributions                           

8 years                                8.16 times                              

12 years                               5.99 times                              

18 years                               4.88 times                              

24 years                               3.17 times                              



Source: Office of Senator Kernot

Given that parliamentarians contribute about 11.5 per cent of salary, a ratio of 8.16 times employee contributions represents an average notional employer contribution of around 94 per cent of salary for a parliamentarian involuntarily retiring after eight years service. The report concludes:

"By any measure, these are excessive subsidies. It also fails the test of equity between fund parliamentarians - shorter periods of service obtain bigger benefits."

The Australian Democrat senators, in their submission to the Committee also recommended that the employer contribution needed to be set at "at a rate substantially less than at present," as did many of the submissions from the public to the Committee.

The Democrats believe that the evidence of the level of hidden public subsidies to the scheme being excessive is compelling, and the Majority Report erred in making no recommendation about the appropriateness of the level of public funding as outlined in its terms of reference. However, the Democrats share the Majority Report's concern about politicians voting on their own remuneration. For that reason, the Democrats support the view of the Majority Report that it would be appropriate for the Remuneration Tribunal to determine a fair level of superannuation benefits for parliamentarians. However, this review should occur in the context of a clear direction from the parliament that the level of superannuation benefits should be reduced.

 

Recommendation No. 1:

 

Recommendation No. 2:

 

B. SHOULD PARLIAMENTARIANS BE COMPENSATED FOR A REDUCTION IN SUPERANNUATION?

The Democrats strongly disagree with the view that superannuation should be considered as part of the total remuneration package (TRP)for parliamentarians, with the implicit view that any reduction in superannuation should be offset by some increase in some other component of the package. As noted by the Majority Report, the Remuneration Tribunal has expressed reservations about the TRP approach to salaries, arguing that:

A TRP approach to parliamentarians' remuneration would allow parliamentarians to arrange their remuneration to best suit their individual needs, which for some could mean minimising their tax obligations. It must be seriously questioned whether is appropriate to consider TRP for parliamentarians at a time when the Government, through the Australian Taxation Office, is trying to crack down on abuse of salary packaging arrangements in the private and public sectors. In particular, should parliamentarians be seeking to move their remuneration out of superannuation into other forms of remuneration when parliament has put in place laws making it mandatory for all workers to be members of superannuation schemes. In short, there are very strong arguments for rejecting the TRP approach for parliamentarians' remuneration, and for maintaining the current arrangements whereby each component of remuneration should be separately determined as appropriate for its purpose.

The Majority Report expressed concern that if superannuation were reduced without compensation elsewhere in the remuneration package, it could become a substantial deterrent to quality candidates entering Parliament. The Democrats do not think that this concern was well founded on the basis of the evidence. The PCSS only delivers very substantial benefits to parliamentarians after they qualify for a pension i.e. after three terms of the House of Representatives. The Democrats frankly doubt whether it is reasonable to conclude that the aggregate level of pension they may or may not have if they survive three elections would be a major consideration on the part of would-be members of Parliament. Given the vagaries of the electoral process and even the preselection process, it is simply too speculative to argue that changes to the aggregate level of a benefit which they may be entitled to if they survive three terms would act as the "substantial deterrent" as argued by the Majority Report.

Remuneration is obviously a consideration for serious candidates for election. The availability of a generous pension after a certain period of service, the absolute level of the salary available and the immediate value of allowances would clearly be a relevant consideration. The Democrats would argue that changes in particular to the level of salary or the general availability of a superannuation scheme could act as a substantial deterrent, but that the absolute level of a possible future superannuation benefit would be a very marginal consideration. While the current salary payable to parliamentarians are generous in comparison with average weekly earnings, it should be noted that the level is set well below the earnings level of many senior professionals and businesspeople who would find the salary would mean a significant cut in their living standards.

It is relevant to note that the number of candidates nominating for office at Federal elections rose from 868 in 1987 to 1163 in 1996, a 34 per cent rise. This hardly suggests that the current remuneration levels are inadequate. It would be extremely hard to justify an increase in parliamentarians' salaries and allowances even if superannuation were reduced.

The Australian Democrats senators submission to the Committee recognised that the remuneration arrangements for parliamentarians needed to balance several considerations:

Based on these criteria, and the evidence presented to the Committee, there is a strong and compelling case for retaining a parliamentary superannuation scheme. The longer a parliamentarian is in office, the more distant, in most cases they become from the profession or occupation from which they came, making it difficult for them to return successfully to their former occupation. Against this, it should be noted that parliamentarians, particularly those who take up senior Ministerial office, are able to develop new skills and contacts which could result in new career paths. But, most parliamentarians do not move into higher office.

In the absence of a retirement savings scheme, a parliamentarian while in office, losing the relevance of their occupational skills, could feel compelled to use other means to "save" for a post-parliamentary career. This could involve outside work or illegal use of office. The establishment of a generous superannuation scheme eliminates such a need. It becomes a matter of judgement at which point a generous superannuation scheme ceases to act as a bulwark against the need for supplementary income, and becomes an excessive benefit in its own right. It is the view of the Australian Democrats that the balance has shifted too far to the latter, and that a new, more appropriate balance needs to be set by the Remuneration Tribunal.

Recent media reports have noted that a number of former parliamentarians are still unemployed some 18 months after losing office. The Majority Report has canvassed the need for a dislocation allowance to assist former parliamentarians in the transition from parliament back into the workforce. The Australian Democrats support the establishment of a dislocation allowance. Such an allowance should also be read in the context of the strong support given by the Coalition Senators to preservation of benefits to age 55, requiring former parliamentarians to wait until age 55 to commence a pension along with the rest of the community. It is a well recognised industrial principle that employees who lose their positions are paid a retrenchment or redundancy benefit. This need is currently partly filled by the superannuation scheme, and it would be appropriate to use the time at which the benefits payable under the scheme are reduced to introduce a modest and appropriate dislocation allowance to provide some transitional assistance to former parliamentarians.

 

Recommendation No 3:

 

Recommendation No 4:

 

Recommendation No. 5:

 

C. OTHER DESIGN ISSUES IN RELATION TO THE PCSS

The Majority Report has made a number of comments about the design of PCSS, and has correctly identified the important issues raised from the evidence. The Australian Democrats concur with the broad recommendation of the Majority Report that the Remuneration Tribunal should be requested to review the terms and conditions of the scheme. However, the Tribunal should not be asked to do this in a vacuum. It is our view that the Committee should provide more detailed guidelines to the Tribunal on the general direction of reform. Nor do the Democrats agree with the all of the principles on the issues reached by the Coalition Senators at the end of Chapter Three, given the opposition of the Democrats to a salary packaging or TRP approach to parliamentarians' remuneration.

 

Recommendation No. 6:

Given the overwhelming evidence that the public subsidy of the scheme is excessive, the Democrats believe that it would be not appropriate for any reform to apply only to new parliamentarians, with current parliamentarians "grandfathered" into arrangements based on the existing scheme. Such an arrangement would see parliamentarians working side by side receiving different remuneration in respect of the same periods of service. It is our view that the current scheme should be closed down, with benefits determined for existing members as at the date of the closure. All subsequent service would be remunerated in accordance with the new scheme, with the Remuneration Tribunal determining the transitional arrangement.

 

Recommendation No 7:

 

PART D: JUDGES SCHEME

The Australian Democrats generally support the analysis, conclusions and recommendations of the Majority Report in respect of the Judges' scheme.

Senator Lyn Allison

Australian Democrats member