CHAPTER 9

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

CHAPTER 9

INSURANCE

Introduction

9.1 Many superannuation funds, particularly industry funds, provide life insurance cover as part of the superannuation arrangements. While there is no requirement that insurance be provided as part of superannuation, it is nonetheless very common practice. Further, it is apparently regarded as a very desirable feature by both employees and employers, particularly in high risk occupations where cover is either prohibitively expensive or unobtainable.

9.2 Several witnesses raised concerns about the implications of the choice of fund proposal for life insurance associated with superannuation. There are two distinct areas of concern:

9.3 The possibility that persons exercising their rights to choose a new fund might inadvertently leave themselves without cover was a matter of considerable concern both to a range of witnesses and to members of the Committee. As one witness observed, insurance may be the great `sleeper' issue arising out of the choice of funds initiative. It requires the careful attention of Government and industry.

Insurance associated with super

9.4 Employees in industry funds frequently receive insurance cover as part of their membership of the fund. In high risk occupations in particular, this is viewed as an important safety net arrangement. This is because people in such industries cannot buy insurance or find it prohibitively expensive.

9.5 Ms Helen Hewett, the fund secretary of C+BUS, explained the situation for people in her fund which is a fund covering the building and construction industries.

9.6 Ms Hewett and a number of other witnesses advised the Committee that insurance has been a very important part of the superannuation benefit, for both employers and employees.

We think that it is important to look after members throughout their working life by providing them with the security that insurance gives, and to also look after them in their retirement and make sure that their families are adequately provided for. [2]

9.7 Providing life insurance through superannuation has a number of significant advantages for employees. The major advantage is low cost. This is achievable because insurers assess risk on a group rather than an individual basis. As a result, employees can be covered from the first day of their employment, with full cover in the event of injury or death on the job.

Automatic cover

9.8 While insurers have provided automatic cover in the past, this will not necessarily be the case under the choice of fund arrangements. Insurers are often prepared to offer immediate cover where there is certainty that the employee's contributions will be directed to a particular fund, for example under an award arrangement. Mr Ian Silk of the Industry Funds Forum explained:

9.9 Introducing choice of fund injects an element of uncertainty into the situation that will affect the previously automatic provision of insurance cover. An employee with either unlimited choice or a choice of four funds may choose any one of those funds. As there is no certainty that contributions will be forthcoming, the insurer is unlikely to be willing to provide automatic cover, as Mr Stephen Gibbs of the Australian Institute of Superannuation Trustees explained:

9.10 Ms Helen Hewett of C+BUS provided similar evidence to that of Mr Gibbs concerning the apparent unwillingness of insurers to provide automatic cover until a premium is paid. She cited a well known industrial accident in Melbourne exhibiting the pitfalls of gaps in insurance cover:

The insurance gap

9.11 When circumstances require an employer to offer an employee choice of fund, they have twenty eight days in which to make the offer. On receiving the offer, the employee then has up to twenty eight days in which to accept. Up to fifty six days may elapse before an employee becomes a member of the fund.

9.12 The Committee received evidence from a wide variety of witnesses expressing concern that employees may unwittingly be left without insurance cover in the period before the offer is made, until acceptance.

9.13 Further, employees exercising fund choice may, if not adequately advised, be unaware of whether they will be insured under their chosen fund, or, if their cover will be restricted, because of pre-existing injuries for example.

9.14 Mr David Connolly, Director, Superannuation and Govern_ment Relations, Phillips Fox, saw the insurance gap as `one of the biggest problems that is faced'. He advised the Committee that access to some insurance cover is of critical importance because `in the event of somebody going under a truck or having to access TPD cover', an adequate insurance payment meant the difference between dependents having to rely on the social welfare system indefinitely, or having some financial independence. [6]

9.15 Mr Connolly explained it was for that reason he proposed a universal and a compulsory minimum level of insurance cover in the original coalition policy. He expressed disappointment that his proposition had not been implemented by the current Government:

9.16 Mr Tony Wells, Director of Superchoice Software, graphically illustrated the uncomfortable situation that employers may unwittingly find themselves in as a consequence of an employee not being covered in the offer-acceptance period:

Possible solutions

9.17 The Committee received a number of alternative suggestions for addressing the insurance issue. Broadly, these fall into the following categories:

"Stand alone" insurance

9.18 The Committee received several suggestions as to how "stand alone" insurance might be provided to ensure employees remained covered when exercising their rights to choose a new fund.

9.19 Mr David Connolly suggested it may be possible to allow an employer to establish a separate stand alone fund which would be, in terms of the law, a superannuation fund which would pay out the premiums for the insurance cover, irrespective of the superannuation component. He said however, that this proposal `has problems of administrative costs'.

9.20 Mr Tony Wells of Superchoice Software suggested employers should `revisit their whole superannuation insurance arrangement, pick it all up and dump it into a stand alone group risk master trust'. This suggestion is similar to Mr Connolly's, as it separates out the superannuation and insurance functions. As such, it shares the same difficulties.

9.21 Mr Graham Bird, Managing Director of Graham Bird and Associates, told the Committee employers had asked him whether it would not be simpler for the employer to arrange death and disability types of cover as an employee benefit rather than as a superannuation benefit. Mr Bird told the Committee that while he thought this suggestion has merit, employers who used this strategy would find the premium paid by the employer would be regarded as a fringe benefit and therefore subject to fringe benefits tax.

"Back end" insurance

9.22 Mr Kevin Casey of AMP Insurance considered that `Ultimately, the market will probably come up with a solution' to the insurance problem. He advised the Committee that one of AMP's methodologies was to provide insurance cover that continues for a period of 30 or 60 days after a person leaves a fund. Employees in funds using Mr Casey's method of providing cover should therefore have continuity of insurance cover when they switch funds.

9.23 Mr Casey emphasised:

Disclosure

9.24 Mr Steve Partridge of William M. Mercer Pty Ltd, suggested `the only real answer to that is very effective disclosure of death and disability benefits and the consequences of exercising choice.' Under Mr Partridge's suggestion, there would be a requirement, presumably incorporated in key features statements or other educational material, that clearly warned employees to be aware of the consequences of changing funds.

9.25 Mrs Louise Matthews of Coopers & Lybrand offered a similar opinion. She advised the Committee that disclosure requirements should cover a number of issues in respect of insurance cover. These included:

9.26 Mrs Matthews concluded this was `pretty important' for older workers, and those in poor health or in high risk occupations. She warned:

9.27 Evidence from Departmental witnesses appears to indicate that the Government's preferred approach to this issue is to rely on disclosure to ensure that employees who change funds are aware of the consequences of their actions and the insurance implications that may result. Mr Michael Monaghan assured the Committee:

Footnotes

[1] Evidence, p. 178.

[2] Evidence, p. 178-179.

[3] Evidence, p. 45.

[4] Evidence, p. 116.

[5] Evidence, p. 179.

[6] Evidence, p. 254.

[7] Evidence, p. 254.

[8] Evidence, p. 80.

[9] Evidence, p. 357.

[10] Evidence, p. 276.

[11] Evidence, p. 430.