Archive Article

Superannuation - Update

There have been enough inquiries, it's time for reform. We need to bolster support within the Labor Party and try and win over as many Government Parliamentarians as possible.

Ring or write to your Federal MP. Explain the problem and how it affects you. Ask him or her to support change.

To find out contact details for your local MP, visit theParliament of Australia website.

After almost a decade of tireless campaigning by the GLRL, our community has achieved a significant, though incomplete, win in relation to superannuation.

On 22 June 2004, the Australian Senate passed the Superannuation Legislation Amendment (Choice of Superannuation Funds) Bill 2002 with the support of the Government and Democrats. The Bill will now go to the House of Representatives where we expect it will be passed. The Bill introduces a new category of "interdependency relationships" which will include many (though not all) same sex couples. This will mean that when a lesbian or gay man dies and they are in an "interdependency relationship", their partner will be able to access the deceased partner's superannuation death benefits. These death benefits will receive the same concessional tax treatment currently available to persons in a heterosexual married and de facto relationship.

Unfortunately, there are still some problems with the Bill, which gives only limited recognition of same sex couples. Same sex couples are still not treated the same as heterosexual married and de facto couples. We are not considered "spouses" for the purposes of superannuation. Also, same sex couples who are in a "de facto relationship" under NSW law, will NOT automatically meet the new "interdependency" requirement. We expect most de factos will meet the new test but same sex couples should still seek legal advice to determine how best to ensure their partner can access superannuation death benefits.

Nonetheless, the Bill is a very important step forward and demonstrates the success we as a community can achieve through our lobbying efforts.

Superannuation has been a priority for the GLRL for almost a decade now. The GLRL, along with supportive MPs have worked hard to keep superannuation on the reform agenda. You can read more about the fight so far here. Recognition for this achievement must go to all those in our community who have contributed over the years and the supportive MPs who have worked with the GLRL on this issue. Federal Member for Grayndler, Anthony Albanese, deserves a special mention as his private member's bill kept this important issue on the agenda.

The superannuation fight isn't over yet, but we are that much closer to achieving equality.

Somali Cerise & Rob McGrory,
Co-convenors
Gay and Lesbian Rights Lobby (NSW)