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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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Raymond
Raymond from VIC commented:

I support Jack Hammond's comments wholeheartedly! When the Government sets rules that it wants the Australian people to follow (in this case superannuation accumulation) and then wants to change those rules at some time, it has a moral obligation to those Australian people who have followed the rules to grandfather the new rules and not penalise those who have been following rules, otherwise the Australian people will loose faith in the Government. It's a bit like playing football and the rules being change while you are on playing on the ground! 

Gordon
Gordon from NSW commented:

At 72 I made decisions some 20 years ago that I thought I could trust to see us comfortably through our 70's - all based on what was expected of us at the time. I am not in the wealthy "4%" and could very well be heavily penalised with a significant loss in our small part pension on top of declining income from interest and dividends. Any provision to change the current situation must be 'grandfathered'. 

rudolf
rudolf from NSW commented:

grandfathering should also occur on January the 1st, 2017 to prevent a lot of part-pensioners lose their part-pension and there standard of living. rudy vanderlaan 

Graham
Graham from NSW commented:

First let me say I do not condone violence but sometimes some people just need a little persuasion to fully understand where the minority are coming from. If we want to get our message across to the elected so called policy makers we need to have about 200,000 march up to their marble palace kick the doors in grab Turnbull and Morrison and throw them in the big pond out the front, that will get their attention. Don't be afraid, because they will show no fear when they have us bent over for another shellacking. And amazingly enough they are pulling this on with a majority of 1 or 2 seats, talk about out of touch, or is Billy supporting them from behind the scenes. Regardless none of them can be trusted. 

Peter
Peter from NSW replied to Graham:

Can't agree with you enough. But their greatest pain would be for us to ensure they have the same penalties & pain as they want to inflict on us. We must not let them rule us. Political decision should be made for the people not the so called elite few. 

Lyn
Lyn from NSW replied to Graham:

Graham of NSW, What date?----so I can mark in my diary. Always love a trip to Canberra. Reckon it might just work if you had the numbers---must be a Sitting day though to be sure they are "home". 

Graham
Graham from NSW replied to Lyn:

Graham, Peter and Lyn so far, we just need another 199,997 to make a real statement. 

Lyn
Lyn from NSW replied to Graham:

Shouldn't be too hard then! 

Robin
Robin from VIC commented:

I couldn't agree more with Jack Hammond QC. It is money that Australians have saved for their retirement in most cases over decades. It is NOT government money and is akin to increasing the tax on savings accounts without warning. Like many self funded retirees we have saved for our retirement and do not receive any government support and having been PAYEE employees paid full tax for decades for which we received no direct benefit. If the government does not reverse the retrospective aspects of the proposed change we like virtually all self funded retirees will no longer support the conservative government. Already the proposed changes have made it almost impossible to convince younger Australians to invest in Superannuation, rather they spend what they have for the moment. The proposed changes to superannuation shows that Australia is being governed by politicians who do not have the skills required to successfully manage their portfolios. This applies to both the major parties. Morrison need not worry about his children being caught out with inherited debt from current retirees as the amount of debt the current working generation will generate through a lack of sensible saving will outweigh the inherited debt issue and will surely destroy any chance of Australia to being able to remain a first world economy. John of Adelaide 

Lyn
Lyn from NSW replied to Robin:

John, You are right about young ones not interested in saving in Super. I encourage my son to save but as he witnesses the uncertainty surrounding me from past and present changes I don't think he will give a toss about saving for retirement until there is a set-in-cement set of rules that will never change. They learn from what they see and hear. 

Peter
Peter from NSW commented:

The people who can contribute amounts to super above the mandated threshold are mostly ordinary or small business owners. The proposed changes are particularly undermining the small business owner. The bulk of the Western World's population are the Baby Boomers and these are the people who have planned for and are now on the verge of retirement. Many in this category have spent the last 20 or 30 years raising families, working and paying off their homes. They had planned to downsize the family home in retirement and contribute the excess to their superannuation in order to provide for the self funded retirement. These are the people who have worked, been law abiding citizens, paid taxes all their lives and supported those who can't or don't want to work and pay tax. The government (both sides) refuse to cut the hand-outs and spend like drunken sailors in order to garner support to keep themselves in power. They have all the benefits of the so called Parliamentary Privileges have have shown contempt for those who are prepared to support themselves. The sooner we have a revolution and sack the lot of these bludgers, the better off this country will be. The modern Western Governments are representing their own interest at the expense of the common person and the tide is turning. Evidence is what we are seeing with the US presidential race, the Brexit and the Turnbull saga being played out in Australia. 

philip
philip from NSW commented:

A BALD FACE LIE>>> The treasurers statement May 2015 :::" The Government has made it crystal clear that we have NO interest in increasing taxes on superannuation either now or in the future...unlike Labour, we are not coming after peoples superannuation" This is what we were told....Now look at the TRUTH....and ask yourself : Would I trust the Government with my super??????? 

Kerry
Kerry from VIC commented:

I agree entirely with the substance of this article. I mistakenly trusted government and saved plenty of money in superannuation under the taxation incentives of the time with the object of paying for my retirement without being a burden on the taxpayer. It appears that was folly. The current Coalition government has thrown aside any principles in its grab for cash from "wealthy" superannuants. They are morally bereft. The last election showed that Australians do not trust government so voted a cross-bench of senators to protect the interests of the little guy. 

David
David from VIC replied to Kerry:

I totally agree with Kerry, I did the same thing to fund my retirement and now the interest on my money I have in the bank is not earning enough to support my husband and I each year so are dipping into the money I put in and I suspect a lot of other people are the same. Our money was taxed going in and taxed coming out how can we win. 

Lyn
Lyn from NSW replied to David:

What about those who contributed with after-tax income only, before compulsory superannuation in 1991? 

Kerry
Kerry from VIC replied to Lyn:

Good point. There is another example of how poor the actions of the current treasure have been. Instead of putting out policies for discussion and the identification of unintended consequences like, this. ScoMo, in his arrogance knew all the answers...not. People were encouraged to save for their retirement by putting in both pre-tax (concessional) and post-tax (nonconcessional) funds. This had the function of increasing the balance in superannuation, and, in theory (and with an honest government) would later save tax dollars needed to pay for pensions for people who used both these avenues to increase their superannuation balances and relied less, or not at all, on the public purse for pensions. The result of the proposed rules is unfair to people who have contributed money within the law (pre-and post-tax) while expecting that the convention that all tax changes should be prospective and with enough time to make changes to you planning would be respected. They didn't know that is not in the bag of tricks of the current government. In the current money-grab for superannuation, the government just sees the money pot of a few superannuation funds, the trustees of which, trusted that the rules would remain the same for the duration so they could plan properly. Now we are being told that is not the case. We all should have had a crystal ball to know that the government would retrospectively change the rules and you should have known something that is impossible to know. And in the meantime, house prices keep rising partly because most parliamentarians have been negatively gearing property. That is not to change, because it would affect the parliamentarians' investments. So much for fairness. And Google, Apple, Amazon, and the like continue to avoid paying tax on revenue generated in Australia. It is so much easier to ask punters to pay tax than big business. 

Jacqueline
Jacqueline from SA replied to Kerry:

Kerry, As evident from comments on this site over last 12mths, there are many scenarios re Super that Morrison has not considered and if he denies otherwise then he's definitely in the wrong job, as we already know, but he's not going to back down unless the likes of Jack Hammond challenge him with some legal wrinkles and clout. What about those who downsized home at retirement and placed the excess in super, or those who had an investment property, sold at retirement and placed in super, under prevailing rules at the time. Blind Freddy can see that Morrison has made a mistake or at the very least his advisors are young and stupid, but to admit it would make him look more foolish than he already must be. My electoral boundary was changed in 2016 prior to the election & to my horror found he was the Libs candidate, so I informally voted (error on slips). Not even sure he can add up, let alone be Treasurer. Graham of NSW has best solution---200,000 to march on Parl. House & storm the doors, he only needs 199,997 more of us. As teenagers of the 60's and protestors at those times, why aren't we all marching to the same beat now? 

Sue
Sue from VIC replied to Kerry:

Kerry, my reply came up as Jacqueline SA. Replied from e/mail, thought was logged in. Lyn 

Kerry
Kerry from VIC replied to Sue:

In days of yore, politicians were smart enough to know that they were good at some things, but not others. So they would seek truly independent advice from very smart people with expert knowledge, and put out that advice to the public to stimulate discussion about really important things that affect the lives of all countrymen, like taxation, and how that affects retirement income. More recently, egomania has taken over (or we're just more aware of it) and we are blessed with politicians who think that just because they are elected to serve Australians, they suddenly become more expert than the experts at everything. Examples are Bob Hawke, who wouldn't go until pushed, John Howard, who has the distinction of being one of the very few sitting prime ministers to lose their seat, Kevin Rudd the (not so) smartest guy in the room; and now Malcolm Turnbull, cut from Kevin's cloth. And poor Malcolm inherited the likes of Scott Tough-Guy-Stop-the-Boats Morrison, following in the footsteps of Joe Hockey, the car industry wrecker who has moved on before up to 200,000 people will be jobless next month and later and will have no ability to save anything for retirement. Politicians in positions of authority have recently demonstrated how unintelligent they really are when it becomes clear that they are more interested in becoming prime minister (Tony I'll-Do-Anything Abbott [who lost to Julia who lost to Kevin], and Malcolm Now-I'm-Prime-Minister-What-Do-I-Do? Turnbull). And we have to wear the consequences of it all. No wonder a government is not guaranteed multiple terms. The punters aren't that stupid. 

Terence
Terence from QLD commented:

I have another 10 years hopefully to retirement and well what are we suppose to do they have us over a barrel, unless the fifty up club set up their own super and the people run it, I don't know what else to do, just have to go along with it 

Someone
Someone from SA commented:

What a rip off of our hard erned dollars! There are thousands of people around Australia that will be affected by these changes, lets all join together and fight these unjust and unfair proposals. People power will prevail 

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