OVERVIEW

28th Report of the Senate Select Committee on Superannuation
Choice of Fund
Table of Contents

OVERVIEW

The Wallis Committee recommended that superannuation fund members should have greater choice of fund. That Committee regarded education and information as 'the joint responsibility of the industry and regulators', and considered that education should cover:

Subject to the passage of Taxation Laws Amendment Bill (No. 7) 1997, from 1 July 1998 employers will be required to offer new employees a choice about where their compulsory superannuation guarantee payments are paid. Commencing on 1 July 2000, existing employees will also have choice of fund.

The amendments contained in the Bill require employers to make compulsory superannuation contributions (SG contributions) to a complying superannuation fund or RSA account in compliance with the choice of fund requirements. The legislation imposes a higher rate of SG charge on employers who do not comply with the choice requirements. The choice of fund requirements apply only to SG contributions and do not include discretionary or salary sacrifice contributions to funds.

Employers will have three possible alternatives for satisfying their choice of fund obligations. These are:

Formal agreements are Australian Workplace Agreements (AWAs) and Certified Agreements. The Government has announced that informal agreements would be accepted where an employer nominates in writing the fund or retirement savings account of the employee's choice and the employer agrees to that nomination. [1]

The Government's choice of fund policy is long standing, and was originally announced in the policy platform for the 1996 election, details of which are outlined in Chapter 2. [2]In May 1997, the Minister for Social Security and the Treasurer further detailed the proposal in the budget document Savings - Choice and Incentive. Following several months of consultation and negotiation with industry, the Assistant Treasurer, Senator the Hon Rod Kemp, announced the final form of the proposal on 25 November 1997. The Government introduced the Bill on 4 December 1997. The bill differed from the proposal announced in May 1997 in two significant respects:

The Committee encountered considerable support for the broad concept of choice of fund, although many witnesses were doubtful to varying degrees about its practical operation.

Several witnesses said that a major advantage of the choice proposal was that it would increase awareness of investment alternatives and understanding of the need to plan retirement saving. They suggested that implementing choice will require individuals to have greater knowledge of retirement savings options and increase their motivation to understand its importance. Those witnesses considered that with choice and control, individuals are more likely to feel a sense of ownership and take an active interest in saving for their retirement.

The Committee also encountered some dissent about whether the policy would deliver the anticipated economic benefits. Witnesses advised the Committee that many funds already had very low costs and good returns. These witnesses considered that choice of fund would force low cost funds to increase outlays on advertising and administration and this would lead to higher charges and lower returns.

The Committee heard that there was already a great deal of competition within the industry, particularly between fund administrators and investment managers, driven by the demand of well-informed trustees.

Some witnesses also questioned whether the policy was being driven by actual demand for change on the part of employers and employees. They told the Committee that there was no evidence that significant numbers of employees sought choice of fund. Further, employers regarded choice as yet another unwanted administrative burden. The motives of some choice supporters were also questioned, and there were suggestions that these groups may be principally motivated by possible commercial advantage from the policy.

While the Committee encountered support for the choice principle, most witnesses emphasised that the success of the policy depended on employees making an "informed choice".

"Informed choice" requires that employees understand the consequences of the decisions they make and choose funds that best suit their personal circumstances and requirements. In many cases, this may mean staying with their current fund. In order to make good decisions, employees may need education about choice of fund, its benefits and its dangers.

Many witnesses called for extensive education campaigns to ensure consumers make an informed choice. Employers, particularly small employers, also need education about their obligations and how to satisfy them. Many cast doubt on whether such an education campaign is achievable in the relatively short time before the legislation is to come into force.

Employees will also need access to useful, comprehensible information about the fund alternatives, so that they can make valid comparisons. The information about fund alternatives that funds and employers will provide to employees who are offered choice of fund will be in the form of key feature statements.

It is important that the information provided to employees who are offered choice does not create an atmosphere that encourages change for the sake of change. Australia must learn from the U.K. experience.

The Government will determine the content of key feature statements through disclosure standards contained in regulations that will be tabled in the Parliament after the legislation passes. The Committee received evidence suggesting that key feature statements be standardised and simplified, so that consumers can "compare apples with apples".

Almost all witnesses saw disclosure standards as a major issue. The ISC has released a discussion paper on disclosure, however the final standards will not be known until the regulations are released. Many witnesses, such as fund trustees, expressed concern about their ability to prepare KFSs in time for the start-up date of 1 July 1998. Additionally, many corporate funds will need to carefully consider whether they will continue to operate or close and this decision may take time. Employers will also have to make changes to their administrative arrangements to meet their obligations under this legislation.

Marked differences of opinion exist about whether the Government's timetable is achievable. The large financial institutions that have products prepared for the announced starting date are anxious that the Government adhere to its announced timetable.

On the other hand, the significant majority of witnesses were concerned about the short time interval remaining before the provisions of the legislation come into force. These witnesses called for a delay in the implementation date, or a period of grace during which choice would be optional. They advanced a variety of reasons for this, including:

Some employers also consider that implementing choice of fund on the announced date presents them with major logistical difficulties. For example, Coles Myer, the largest private employer in the country, told the Committee that the task of changing their payroll and accounting systems is huge and they were worried whether the task was achievable in the available time.

A number of other major issues also emerged during this inquiry. These included:

With the exception of the last matter listed above, each of these issues is discussed in the body of the report.

1 Press Release AT23, Assistant Treasurer, 25.11.1997, attachment.
2 See Chapter 2, paragraph 2.1 and 2.2