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NewsTrust, certainty and grandfathering should be at the heart of the super debate not complexity and confusion
Trust, certainty and grandfathering  should be at the heart of the super debate not complexity and confusion

Trust, certainty and grandfathering should be at the heart of the super debate not complexity and confusion

The debate about the government’s proposed superannuation changes has been mired in misunderstandings and mischief around technical definitions such as retrospectivity.

Throw in talk around concessional and non-concessional caps and lifetime limits and it’s no surprise even the pollies who make decisions around our savings get it wrong.

So it was refreshing to meet a man who has decided to stand up against the sectional interests and a treasurer who says he couldn’t look his kids in the face if he didn’t mess with super.

The activist behind the Save Our Super campaign cleverly decided to jettison the jargon which so confuses the public and focus on just two key and powerful arguments-- trust and certainty.

And his solution to bypass much of the bitterness and division around the changes is to ‘grandfather’ them meaning they would not apply to existing super accounts only new ones.

Jack Hammond QC is a Victorian barrister who has acted in large and complex cases and also worked in business and federal government. So he knows how things work.

Like many Jack was appalled at the policies Treasurer Morrison sprung on an unsuspecting public in The Budget without warning, consultation or it seems consideration.

But unlike many he determined to do something about it and  formed Save Our Super , an apolitical community-based  group, and  a campaign website http://saveoursuper.org.au/

He speaks for many older Australians when he says: “Over many years, we did what the Government wanted and encouraged us to do with our superannuation savings. We accepted and complied with the superannuation rules which the Government made. We put our savings into superannuation in preference to many other choices which were open to us.

“Now the Government, without any notice or consultation with us, proposes to penalise us for the decisions we made at their behest. On any view, that is manifestly unfair and unreasonable. “

Being a successful barrister Jack is well-off and has a healthy super balance but he says any self-interest was overtaken by a feeling of anger and dismay as what he saw as a breach of trust by the Government.

He also notes the changes, which stand to impact more than just the richest ‘four percent’ as claimed by the Treasurer, will especially effect those who can’t get or afford financial advice.

He believes the argument needs to be framed around trust and certainty as the two pillars of principal for a sustainable super system.

He says no government should undermine the people’s trust in the superannuation system by breaking promises around policies such as the future tax treatment.

And secondly the government shouldn't undermine certainty by changing long-standing policies without notice or consultation.

You can read much more on the site and find out more about how grandfathering can protect existing superannuation from the proposed changes.

There’s going to be more fun and games around the super debate now federal parliament has returned meaning it might not be obvious who’s interests our political leaders are intent on protecting.

 

Originally posted on .

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john
john from SA commented:

Hi, totally agree with the comments above, i am in the same boat as many many others, asked to save then the goal posts are moved to suit the government.An interesting article by Dr Dale Kerwin, Griffith University is floating around,much in the same vane about the change of rules. He suggests that the politicians be subject to the same rules by moving the goal posts for them as well.Keep up the fight.John 

Bernard
Bernard from SA commented:

It's MY money and I spent 45 years putting it away for retirement and saving the government from paying for my retirement. Get out of my space, get out of my life and savings, Earn YOUR money and get on with issues that matter! 

Lynn
Lynn from NSW commented:

I am shocked at the implications of the cap on individual non-concessional contributions cap, including a cessation of the bring-forward rule. Why? I early retired from work at the end of February 2016 with a view to self-funding my own retirement. The strategy was to contribute the maximum allowable for the NEXT seven years. This was totally blown out of the water as I am one of the "few" (and I am sure I am not that much of a rarity) that are immediately unable to make any further non-concessional contributions because of the NEW lifetime non-concessional cap of $500,000 - which I exceeded prior to 2016 budget night. Why do Liberals think that this change is beneficial for ALL Australians? I am like a lot of the female workforce of my era. Wages for most of my career were not equal to that of my male counterpart and therefore my super balance is lower than it could have been. Now, I am denied the opportunity of feeding more money into super to self-fund my own retirement (and now will probably end up needing financial Government support in the long-term). I am sure this was NOT the intended consequence of this Liberal policy. To make such radical changes without any warning whatsoever is one of the many reasons why there is so much distrust within the general community in regard to our present politicians! And, you can bet, none of these changes will affect them!!! 

Greg
Greg from VIC commented:

Disgusted, annoyed and dismayed at the Governments (proposed) Superannuation changes. As mentioned above, “Over many years, we did what the Government wanted and encouraged us to do with our superannuation savings. We accepted and complied with the superannuation rules which the Government made. We put our savings into superannuation in preference to many other choices which were open to us. “Now the Government, without any notice or consultation with us, proposes to penalise us for the decisions we made at their behest. On any view, that is manifestly unfair and unreasonable. “ I wouldn’t classify myself in the overly rich category contributing only the standard salary contributions to superannuation over my working career. When moving to retirement phase we didn’t roll over our super savings but rather moved the entire amount to a bank account in preparation of setting up a Self-Managed Superannuation Fund a couple of weeks prior to the governments proposed changes. Not realising the time required to implement a fully functional SMSF, we now find ourselves heavily disadvantaged by the caps imposed by these changes. With such vast sums of money sitting in superannuation with no tax deductions to bolster the government budget, we understand and appreciate the need for changes to rein in the deficient but also believe a period of consultation/notification should have first been implemented to enable people in our situation to better manage their affairs. After all, this situation is the direct result of government decisions 

Gregory
Gregory from NSW commented:

Good on you Jack 

George
George from NSW commented:

Trust a legal guy to take up an issue which affects the richer people who are excessively using super tax breaks in Super. Caps as proposed in the 2016 Budget are necessary. The real issue is the change to Assets Test from Jan 2017 which will penalise the people in the middle level who have struggled to save and now will lose either part or all of their Age Pension. These people saved in Super and then found the rules changed. This is what needs to be reversed. 

Lyn
Lyn from NSW replied to George:

George, to get change to the already enacted law re 1/1/17 Assets test/middle level et al, you need a legal bloke like Jack to take up the fight and who has clout, and prepared to put his clout up voluntarily. I watched his interview with Prof Flint on Saveoursuper.org.au and he seems a decent bloke. He is right, it's about trust. I am writing to him to ask him to add to his list, part-pensioners affected by the 1/1/17 changes to be grandfathered as well, because that also was a matter of trust on our part. How can you at 70 find a day's work for $100/wk to replace the reduction which is probably about 17% of net income and if you found a day's work you'd have to do a 2nd day to make up the 50% that Centrelink would reduce due to that $100 income as that rule applies to all. So I reckon give Jack a go at this if he agrees as noone came out of woodwork when I asked last year on this forum if there were any retired legal eagles out there to take up the fight re 1/1/17 legislation before it was passed. 

George
George from NSW replied to Lyn:

Thanks, Lynn, I hope more people back you up on this, and hope Jack is interested in people at the middle level of savings. 

Lyn
Lyn from NSW replied to George:

George, Write to him as well so he knows more than one concerned. There is an easy Contact page on the saveoursuper.org.au page and have a listen to his interview on the site which will give you a measure of the sort of chap he seems to be. 

George
George from NSW replied to Lyn:

I am afraid the interview of Jack by David Flint is purely focused on the recent Budget changes (caps) to Super - something which affects the rich end who should expect such overdue caps when budgets become tight. I have put forward the point that the real and major issue is the change to Assets Test from Jan 2017 being Trust and Grandfathering issues which they have ignored, considering Tony Abbott broke his "No Change to Pensions" promise before he got elected as PM. FiftyUp Club should also take up this issue as "...the changes mean 91,000 Australians will lose their Age Pension entitlement altogether and about 235,000 will have their part Age Pensions reduced" as Your Life Choices and other Financial forums have analysed. 

George
George from NSW replied to George:

HI George, Yes I know re John's interview but it shows the measure of the man, the only skilled chap who has come forward to attack the Govt re: the principle of trust we expect and since he was prepared to go public on that then not too far a stretch to hope he will add 1/1/17 rules to his list for grandfathering as no one else about is there? We are all in same boat, just to different degrees. People on this site say their M.P's don't reply when they write and God Forbid me writing to mine as it's Morrison & no I didn't vote for him. At least a lawyer & one who knows Gov't as his bio on Google shows, would know process/how to lobby for a law to be repealed which is what it will take for 1/1/17 rules to be overturned. Will let u know if/when I get his reply to request to add this to his list of grandfathering. 

Jacqueline
Jacqueline from SA commented:

I am very annoyed that come Jamuary 2017 I will loose over $8.000 in centreli k payments. They will simply be stopped. I have only been retired 3 years and was encouraged to put asuch as I could afford into super. Now I'm being penalised for doing so. While many Friends and colleagues spent money on yearly overseas trips etc I saved and salary sacrificed and now I'm being punished. Those friends are receiving the full Centrelink pension???? I don't get it 

Lyn
Lyn from NSW replied to Jacqueline:

Jacqueline from SA. See above reply, write to Jack Hammond via Saveoursuper.org.au and ask him to add part-pensioners to his grandfathering list, for that legislation to be repealed. After listening to his interview on the site I think he's a decent enough chap to consider adding it to his list and he is a renowned QC if you read his bio so if three's any chance I think he would be it. 

mike
mike from NSW commented:

Dear Family of 50 Plus, Can you help us oldies with the best bank interest deals especially for self managed Super funds. We are suffering at the moment. If this against the rules of our club I understand and thank you Ros Shaddock 

Alexander
Alexander from SA commented:

I agree with the many comments and sentiments expressed by my fellow Australians. For many years we have been told and manipulated by previous and the current Government involving the major political parties to put our money into Super so we could fund our retirement. This was to help and assist the financial strain predicted in the future. Now they intend to take this away from us and we are expected to get shafted again and accept it. 

Lyn
Lyn from NSW commented:

At last, a high profile legal eagle has spoken out and taken up the fight and perhaps reads this site. Hope he's an expert in Contracts law as I reckon the Superannuation laws of the time of contribution form a type of " contract " between contributor and the State. Perhaps he'll also take on abolishment of the new legislation re reduced assets threshold applicable from 1/1/17 for part-pensioners. There's still time.... after all the Govt rushed it through the Senate in about 4 weeks in 2015 so they can act fast when it suits them. Good Luck Jack. 

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