CHAPTER 6

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

CHAPTER 6

INFORMED CHOICE - DISCLOSURE

Introduction

6.1 Disclosure is the second essential element of informed choice. Under disclosure rules that will be introduced by regulation following passage of the legislation, funds will be required to disclose features such as entry fees, crediting rates, exit fees and commissions in key features statements.

6.2 These key features statements will be an important tool that employees will use to distinguish between the funds offered to them by their employers or, if they have unlimited choice, by providers such as the superannuation funds, banks, credit unions and life offices.

6.3 The Government has announced that a new Australian Securities and Investment Commission (ASIC) is to be established. [1] ASIC will have responsibility for the regulation of point of sale requirements for all investment products, including superannuation products. ASIC is also to conduct a review of retail financial products to ensure that these products provide information that enables comparison between products. [2]

ISC discussion paper on disclosure

6.4 On 17 December, 1997, the Insurance and Superannuation Commission (ISC) issued a discussion paper on disclosure issues The ISC announced that the purpose of the disclosure discussion paper is:

6.5 The introduction of choice of fund requires an important change to the timing of the revision of disclosure material to members. Currently, standard employer-sponsored members are only supplied disclosure information `as soon as practicable after they become a member of the fund'. [4]

6.6 However, the choice of fund initiative requires a different approach to allow prospective fund members to examine the features of funds before they join. Accordingly, the Government will, in the new regulations, introduce an `up-front' disclosure regime. Under this regime employers offering the limited choice of four funds must supply the employee with a copy of the key features statements of the prospective fund before the employee joins.

6.7 The disclosure discussion paper discusses what information trustees will have to include in key features statements for disclosure to prospective members. However, the details of the final requirements are as yet unknown.

Comparing apples with apples

6.8 A number of witnesses emphasised that, whatever the disclosure rules finally adopted, it was important that prospective members of funds be provided with information that would allow them to make valid comparisons between funds.

6.9 All witnesses emphasised that there was a need to ensure that the disclosure regime needed to provide information that people could use. This is particularly important in view of the relatively low levels of literacy and numeracy amongst a large proportion of the population, as described in the previous section of this report on education.

6.10 Ms Sharon Barker, a Policy Coordinator with the Financial and Consumer Rights Council, described the difficulties that consumers have comparing products. She said that:

6.11 Ms Ann Byrne, Convenor of the Industry Funds Forum, made similar comments. She told the Committee that, at the moment, it is very difficult for people to compare superannuation funds. She gave the example of differences in reporting dates for superannuation funds, which made it difficult for consumers to make a valid comparison about the earning rates of those funds:

6.12 Ms Byrne also emphasised the importance of disclosing fees and charges in a form that permits comparisons to be made. She told the Committee that public offer funds are already required to disclose fees and charges in key features statements. However, the manner in which the funds disclose these charges does not always give an accurate picture. She told the Committee that:

6.13 Ms Byrne emphasised that:

6.14 The representatives of William M. Mercer Pty Limited, Superannuation Consultants and Actuaries, advised the Committee that they considered that a single regime for key features statements is essential. Mr Steve Partridge told the Committee that currently the ISC is proposing a shorter form of key features statements for choice of fund and a longer form, as is already required, for public offer funds. He did not agree with this approach and told the Committee that:

6.15 Mercers' representatives advised that, unless there is standardisation, it will be extremely difficult for prospective employees to compare funds. Mercers recommended that one approach that should be considered for the disclosure regime is for the percentage reduction in benefits that arises from fees and charges to be tabulated. Mr Colin Grenfell, a superannuation consultant and Actuary, told the Committee that Mercers considered that by using this approach, it is possible to standardise and bring out the impact of fees and charges for all types of funds.

6.16 In a supplementary submission, Mr Grenfell provided the Committee with two draft forms of wording for key features statements that would illustrate the impact of fees and charges on benefits. [10] The tables provided by Mr Grenfell are attached at Appendix E. These tables are the same as those proposed by the Institute of Actuaries in their submission to the ISC on the disclosure issues discussion paper.

6.17 Mr Grenfell considered that key features statements would also need to be supplemented by what he described as generic material. He told the Committee that:

6.18 Ms Helen Hewett, the Fund Secretary of C+BUS, provided the Committee with an illustration of the current difficulties that are faced in evaluating fees and charges from current key features statements. She told the Committee that:

6.19 In common with a number of other witnesses, Ms Hewett concluded that :

6.20 It is clear that there is widespread support for a simplified disclosure regime that will allow valid comparisons to be made between funds. An adequate disclosure regime is clearly an important issue in consumer protection as well.

6.21 Ms Helen Martin of the Institute of Actuaries confirmed the importance of adequate disclosure for consumer protection:

6.22 The Committee explored the option of whether charges themselves could be standardised so that consumers could readily understand the costs associated with investing with particular funds. However, most industry witnesses opposed this idea. The evidence of Mr Jock Rankin of the Institute of Actuaries was typical:

Key features statements

6.23 Key features statements currently produced by public offer funds can be complex documents. The Committee received evidence from a number of sources highlighting the importance of publishing documents most employees can understand.

6.24 The difficulties that employees may face when confronted with key features statements were highlighted by evidence from Ms Krystyna Hassall. Ms Hassall, a director of Westscheme, has a background of some 16 years in the superannuation industry. She described an exercise she had undertaken to determine the sort of difficulties consumers might have in interpreting key features statements.

6.25 Ms Hassall undertook an examination of the key features statements of two currently available public offer funds. She told the Committee that she spent in excess of three hours considering the two key features statements and had considerable difficulty understanding the features of the two funds on offer.

6.26 The Committee questioned Ms Hassall about the difficulties she thought somebody with low literacy and numeracy skills would face in interpreting these documents. She responded:

6.27 Ms Hassall considered that the proposed key features statements should be tested on ordinary Australians to see whether they could, in fact, comprehend the information put before them. She thought that it was `ridiculous' to rely on people within the investment industry to assess how well a particular document communicates the features of the fund. She concluded:

Conclusions

6.28 The Committee is of the view that there is a need for a standardised approach to disclosure issues within key features statements. The obstacles faced by prospective consumers of investment products are already considerable and these should not be increased by providing key features statements where direct comparisons between products are difficult.

6.29 The Committee considers that the suggestions for a method for comparing fees and charges put forward by the Institute of Actuaries and William M. Mercer Pty Ltd have considerable merit and should be considered by the ISC.

6.30 The Committee also considers that the ISC should commission field tests of key features statements on employees. Disclosure is an essential element of informed choice on which the success of the choice of fund proposal depends. The Committee believes that it is important that the Government and the Parliament can be assured that consumers can understand these documents and use them to make valid comparisons between the choices offered.

6.31 The Committee is conscious of the tight timelines for finalising disclosure requirements. The format and content of key features statements have not been set at the time of writing.

Footnotes

[1] ASIC was originally to have been named the Australian Corporations and Financial Services Commission (ACFSC).

[2] Disclosure Discussion paper, p. 4.

[3] Disclosure Discussion paper, p. 4.

[4] SIS Regulations, Division 2.3.

[5] Evidence, p. 22.

[6] Evidence, p. 30.

[7] Evidence, p. 30.

[8] Evidence, p. 30.

[9] Evidence, p. 147.

[10] Evidence, p. 148.

[11] Evidence, p. 158.

[12] Evidence, p. 178.

[13] Evidence, p. 178.

[14] Evidence, p. 233.

[15] Evidence, p. 235.

[16] Evidence, p. 291.

[17] Evidence, p. 293.