Fact Sheet AUSTRALIA POST SUPER SCHEME Australia Post Superannuation Scheme November 2013 What happens to your pension when you die? Leaving clear instructions for the distribution of your pension after you’ve passed away can make it easier for your loved ones. This fact sheet will help you to understand your options. Let us know your wishes In the event of your death, the Trustee of the APSS is required by law to pay your pension account to one or more of your dependants, your legal personal representative or any other person permitted by law. If you have started a pension in the APSS you can nominate one or more reversionary beneficiaries to receive your pension benefit in the event of your death. If the people you want to nominate do not qualify as reversionary beneficiaries (e.g. your adult child), you can nominate other dependants and/or your legal personal representative as your beneficiaries. (See the section on Nominating Beneficiaries on page 3). So what’s the difference? Reversionary Reversionary beneficiary nominations that are valid upon your death are binding on the Trustee. This means that the Trustee must act on your instruction. Reversionary beneficiaries may receive your death benefit as either a pension or a lump sum. Beneficiary Nominating a beneficiary only provides the Trustee with a guide as to whom you would like your death benefit paid to in the event of your death. The Trustee is not bound by your nomination. Beneficiaries must receive your death benefit as a lump sum. They do not have the option to take the benefit as pension. There may be taxation, Centrelink and other implications to consider when making or varying your nominations. We strongly recommend that you seek professional advice. Definitions Legal personal representative This is the executor or administrator of your estate. Dependant This is your spouse or child, or any other person who in the opinion of the Trustee, was in any way financially dependent on you at the time of your death or with whom you had an interdependency relationship at the time of your death. Spouse The definition of spouse for an APSS member includes a person who is: • legally married to you, or • your de facto partner of the same or opposite sex. Children Your children include your adopted child, a foster child and a child recognised as your child or your spouse’s child under family law legislation. Financially dependent A financial dependant is any person who in the opinion of the Trustee, is or was in any way financially dependent on you at the date of your death. Interdependent relationship An interdependent relationship means: • you live with someone in a close personal relationship, and • one of you provides the other with financial assistance, domestic support and personal care. If you have a close personal relationship but don’t meet the other requirements because either or both of you suffer from a disability, or you are temporarily living apart (e.g. temporarily working overseas or in gaol), your relationship can still be classified as interdependent. Australia Post Superannuation Scheme – Fact Sheet: What happens to your pension when you die? Page 1 Fact Sheet What happens to your pension when you die? (continued) Reversionary beneficiaries If you would like the balance of your pension to continue to be paid to one or more of your eligible dependants after your death, you can nominate them as your reversionary beneficiary. If they prefer, they can also choose to receive a lump sum of the balance of your pension account instead of taking regular pension payments. Provided your nominated reversionary beneficiary is an eligible dependant at the date of your death (see below), the Trustee must generally act on your nomination. If at the time of your death you and your surviving spouse were both under age 60, then the taxable component of the pension payments which your surviving spouse receives will be assessable income but receives a 15% tax offset until your spouse turns age 60. If at the time of your death, either you or your surviving spouse was over age 60, then the pension payments to your surviving spouse will be tax free. Who can be my reversionary? Your nominated reversionary beneficiary must be an eligible dependant at the date of your death. This means by law you can only nominate one of the following people: • your spouse • your children under 18 (exceptions apply if they are between 18 and 25 and still financially dependent on you, or over 18 and permanently disabled)* • any person who was financially dependent on you • any person with whom you had an interdependency relationship. * i.e. This means they have a disability that meets the requirements of section 8(1) of the Disability Services Act 1986 (Commonwealth). Where a pension is payable to a financially dependent child between 18 and 25, the child will continue to receive pension payments from the pension account until they reach 25 unless the account balance is reduced to zero earlier. Once the child turns 25, the pension account balance will immediately need to be converted into a lump sum and paid to them, unless the child has a disability within the meaning of section 8(1) of the Disability Services Act 1986 (Cth). If so, the pension can continue to be paid to the disabled child until the pension account balance is exhausted. Refer to “How will a lump sum death benefit be taxed?” on page 3 of this fact sheet for a general description of the tax consequences if your spouse elects to receive the balance of your pension account as a lump sum, or the pension account balance otherwise needs to be paid as a lump sum. How do I nominate or change my reversionary beneficiary? To update your reversionary beneficiary details simply contact SuperPhone on 1300 360 373. What happens if I don’t make a choice or my reversionary nomination is not valid? The Trustee will take into account your personal circumstances at the time of your death when determining how to distribute the remaining balance of your pension account to one or more of your dependants, your legal representative or (if none of these apply) to any other person permitted by law. This will happen, if at the time of your death: • you have not nominated any reversionary beneficiaries • the reversionary beneficiaries nominated have all died before you, and you have not updated your nominations, or • an invalid nomination has been submitted by you. Need more information? Call SuperPhone on 1300 360 373. Visit the website at apss.com.au. Speak to a licensed financial adviser. Australia Post Superannuation Scheme – Fact Sheet: What happens to your pension when you die? Page 2 Fact Sheet What happens to your pension when you die? (continued) Nominating beneficiaries If the person you want to nominate is someone who does not qualify as a reversionary beneficiary (e.g. your adult child), then you can nominate one or more other dependants and/or your legal personal representative as your beneficiaries. It is important to note that for your nominated beneficiaries, the Trustee will be guided by your wishes but is not legally bound by your nomination. Any benefit paid to nominated beneficiaries who do not qualify as reversionary beneficiaries must be paid as a lump sum. There is no option to pay a pension/income stream to other nominated beneficiaries. Who can I nominate to be my beneficiary? Under superannuation law you can nominate one or more of your dependants, or legal personal representative to be your beneficiary(ies). Refer to the definitions on page 1 of this fact sheet. How do I nominate or change my beneficiaries? You can nominate or change your beneficiary details at any time. Just log on to the secure section of the APSS website and make the changes online, or if you prefer, call SuperPhone and change it over the phone. You can also download the form from the website, or call SuperPhone to have one sent out to your address. Keeping your beneficiary details up to date will help ensure that your nomination accurately reflects your wishes and current situation. This is especially important if your family or personal circumstances change, such as if you have had a child, married or divorced. You can find out who you have currently nominated as your beneficiaries by logging into the secure section of the APSS website with your PIN and Member Number or by calling SuperPhone. How will a lump sum death benefit be taxed? Provided your beneficiaries receive a lump sum from the APSS and they are a ‘death benefit dependant’ for tax purposes at the time of your death, the payment will be tax free. Death benefit dependants for tax purposes are your spouse (including de facto, former and same sex), your children under age 18, any person who was financially dependent on you, and any person who was in an interdependency relationship with you. Any other beneficiaries, such as your adult children who are not financial dependants, will incur tax (generally 15 % plus the Medicare levy) on the taxable component of a death benefit payment. Taxation of death benefits can be a complex issue. We recommend that you obtain advice from a licensed financial adviser or tax agent. What happens to my Pension investments after I pass away? Once the APSS receives a notification of your death, any Market Return Member Savings you have will be automatically switched to Cash Return Member Savings at the end of the fortnight following this notification. This means that from that point on, the dollar value of your APSS Pension balance will be preserved. Important This brochure contains general information about Australia Post Superannuation Scheme (APSS). It is not intended to be financial product advice and does not take your personal circumstances into account. Before acting on any information contained in this document you should first consider its appropriateness to your own circumstances. You may wish to seek the advice of a licensed financial adviser. Neither Post Super Limited nor Australia Post or any Associated Employers holds an Australian Financial Services Licence and, therefore neither is licensed to provide you with financial product advice. Australia Post Superannuation Scheme (ABN 42 045 077 895) Issuer: PostSuper Pty Ltd (ABN 85 064 225 841) RSE Licence Number L0002714 APSS Registration Number R1056549. Issued: November 2013. Australia Post Superannuation Scheme – Fact Sheet: What happens to your pension when you die? Page 3
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