Category: Features

Super test failures ‘looking to merge’, says APRA

The Australian

28 October 2021

Patrick Commins – Economics Correspondent

Five of the 13 super funds that failed this year’s inaugural ­investment performance test are actively looking to merge with other funds, APRA has said.

The Australian Prudential Regulation Authority chairman Wayne Byres told a Senate estimates committee hearing on Thursday that “the trustees of those 13 products now face an important choice: they can ­urgently make the improvements needed to ensure they pass next year’s test or start planning to transfer their members to a fund that can deliver better outcomes for their members”.

APRA figures from August 31 show there were one million members in the 13 super funds that failed the performance test, with assets totalling $56bn.

The trustees of the failed products included some big names, including Colonial First State and Asgard, alongside ­others such as Maritime Super and Christian Super.

The 80 MySuper products that were subject to the test represented 134 million members, with a combined $844bn in ­assets under management.

Recently appointed APRA member Margaret Cole said the actions the regulator was taking in regards to funds that flunked the test were “intensified supervisory activity and a great deal of contact with those trustees of those failed funds”.

Ms Cole said APRA had ­already received or expected to receive shortly “contingency plans” that would show how the trustees planned to improve their investment performance and pass next year’s test.

The Your Future, Your Super reforms, which kicked off on July 1, require APRA to conduct an annual performance test for ­MySuper products, which are also ranked via an online tool ­offered by the Australian Taxation Office.

From July 1, 2017, all member accounts in default investment options have been required to be invested in MySuper products, which are now subject to annual performance tests and ranked online. A fund that fails the performance test in two consecutive years is not able to take on new members, and will not be able to reopen to new members until their performance improves.

Ms Cole said the “biggest lever” trustees could pull to ­improve their performance would be to reduce fees – a key objective of the YFYS legislation.

Superannuation Minister Jane Hume noted that since the Morrison government introduced the reforms, 37 of 81 MySuper funds had cut their fees.

Ms Cole said “where it ­appears there will be difficulty passing next year’s test”, the regulator was pushing trustees to make an “appropriate” merger.

Problem is the tax on our super is too high

The Australian

Henry Ergas and Jonathan Pincus

12 February 2021

Released by the Treasurer in the midst of the pandemic, the report of the Retirement Income Review has received far less attention than it deserves. While the report covers a great deal of ground, it is disappointing and dangerous in important respects.

To begin with, its discussion of the tax burden on superannuation — which endorses Treasury’s claim that superannuation receives highly favourable tax treatment — is seriously misleading. As a moment’s reflection shows, the primary impact of taxes on savings is to alter how much consumption one must give up today so as to consume more tomorrow. The proper way to calculate the effective tax rate on savings is therefore to assess the impost savers face for deferring a dollar of consumption from the present into the future.

Examined in that perspective, the tax rates on compulsory superannuation are nowhere near as generous as the report suggests. Consider a person who earns $50,000 a year and is planning to retire in 20 years. As things stand, she will be required to put $4750 into superannuation this year, paying a 15 per cent contributions tax on that amount. If her fund earns 3.5 per cent a year — also taxed at 15 per cent — those savings will grow to $7300, spendable in 2041.

However, in the absence of taxes on contributions and on earnings, steady compounding would have increased today’s $4750 to about $9500. As a result, the actual tax rate, which reduces $9500 to $7300, is not the notional or statutory 15 per cent but, at 30 per cent, twice that.

Moreover, every dollar of superannuation reduces our saver’s entitlement to the Age Pension and to aged-care subsidies. And just as marginal effective tax rates on an additional dollar of income from working are properly calculated taking reductions in transfer payments into account, so must the reductions in eligibility be included in the effective tax rate on superannuation.

Factoring the means testing of those payments into the calculation pushes the effective tax rate on compulsory superannuation towards 40 per cent or more, which no one could sensibly describe as unduly low.

Unfortunately, none of this is reflected in the report. Instead, it simply assumes that superannuation savings should be taxed as if they were ordinary income and on that basis asserts that they benefit from a massive tax “concession”.

Perhaps because it doesn’t realise it, the report seems untroubled by the fact that were compulsory superannuation actually taxed on the basis of its chosen benchmark — a comprehensive income tax — our hypothetical saver would face a 93 per cent effective tax rate on her retirement income.

Given how distorting, unreasonable and politically unsustainable such a tax rate would be, its use as the standard for evaluating the current arrangements is indefensible.

The errors in the report’s tax analysis don’t end there — its discussion of dividend imputation is also deeply flawed.

What is significant, however, is the unstated inference its analysis leads to: that superannuation savings are so heavily subsidised as to real­ly be the property of taxpayers as a whole, making it perfectly appropriate for the government, rather than savers themselves, to determine their use.

That matters because the report repeatedly claims that superannuants do not spend their savings “efficiently”. Precisely what it means by “efficient” is never explained; it can nonetheless be said with some confidence that it is using the word in a sense entirely unknown to economics.

Rather, the report treats “efficient” as a synonym for “what we, the reviewers, think ought to happen” — or to put it slightly differently, as what Kenneth Minogue, a fine scholar of government verbiage, called a “hurrah word”, with “inefficient” being the corresponding “boo/hiss word”.

In this case, the “hurrah” goes to savers who completely run down their savings; the “boo/hiss” to savers who leave bequests. It is, in the report’s strange reasoning, “efficient” for retirees to devote their savings to wine, gambling and song, but “inefficient” for them to leave an inheritance to their children and grandchildren, no matter how great their preference for the latter over the former may be.

That the contention is absurd on its face scarcely needs to be said; the only justification the report provides in its support is the claim that it is not the “purpose” of the system to allow savers to leave bequests — which is merely a convoluted way of saying that the report’s authors don’t believe they should.

We are therefore left with a paradox. The reason repeatedly advanced for compulsory superannuation is that people of working age save much less for retirement than they ought to; now we are told that at retirement the bias is dramatically reversed — from then on, it seems, they save much more than would be desirable.

Quite how or why this miraculous transformation occurs is clearly a mystery that can be penetrated only by greater minds than ours; what is certain is that savers shouldn’t rest easy.

On the contrary, they should feel government coercion coming on: more specifically, a requirement to buy annuities or in other ways exhaust their savings, regardless of their preferences — or be driven to do so by some combination of higher taxes on any remaining savings and harsher means testing of social benefits.

Of course, it may be that the review is right: perhaps savers are utterly clueless, as one government report after the other appears to believe, and thus have to be forced to act “efficiently” by layer upon layer of regulation.

But if savers neither know what they want nor are capable of achieving it, what possible justification can there be for continuing to rely on a super­annuation system based on individual decision-making — and every bit as important, in which individuals bear all the risks?

Why wouldn’t we simply shift over time to a government-run contributory pension scheme, possibly along Canadian or Scandinavian lines, that provides middle-income earners with an assured income in retirement — and does so fiscally prudently and at resource costs far lower than those of our current arrangements?

Or has it become the real goal of our superannuation system to force middle-income earners, who depend on that system most heavily, to subsidise an ever-expanding finance industry — including, should this review have its way, the suppliers of high-priced annuities?

These are serious issues; they merit serious analysis. If the government is genuinely interested in that analysis, the Retirement Income Review won’t help it.

Call to grandfather super changes, abolish $1.6m contributions cap

The Australian

27 January 2020

Glenda Korporaal – Associate Editor (Business)

The Save Our Super lobby group has called on the federal government to grandfather any future negative changes to superannuation and abolish the $1.6m cap on the amount of money that can go into tax-free super retirement accounts.

In its submission to the federal government inquiry into retirement incomes, Save Our Super argues that the fall in interest rates since the 2016 budget has significantly reduced the income retirees can earn from savings since the $1.6m transfer cap was announced.

The submission argues that the cap, which was announced as part of a broad package of changes, including cuts to super contribution limits, should be either abolished or raised.

“The interest earnings from $1.6m is now almost 40 per cent lower than it was in early 2016,” the submission says.

“With the continuing drift of interest rates towards zero, whatever unexplained calculations arrived in 2016 at the $1.6m on the superannuation in retirement phase should be re-examined with a view to grandfathering the cap, raising it or abolishing it.”

Save Our Super was set up to lobby against the 2016 budget changes to super by a group including retired Melbourne QC Jack Hammond.

The organisation has consistently argued that it is a basic principle of the Australian taxation system that there should be no negative retrospective changes to tax and superannuation.

The 2106 changes were announced after the Tony Abbott-led Coalition went to the polls in the election of September 2013 promising not to make any negative changes to super during the first term of its government.

The Save Our Super submission argues any future negative changes to super must be grandfathered so that “those people who committed in good faith to lawfully build their life savings are not blindsided by policy changes with effectively retrospective effects”.

“Citizens need assuring that any future changes in policy will not have any significantly adverse effects on lawful prior savings,” it says.

Federal Treasurer Josh Frydenberg announced a review of retirement incomes policy last September.

The review is expected to report in June this year.

The SOS submission argues that the current compulsory super system should be recognised as a success in encouraging saving for retirement in Australia and reducing the number of people on the full Age Pension.

It argues that any assessment of the impact of super policies should consider the benefits of the compulsory super system and not just the narrow annual cost of super tax concessions.

“Instead of cost-benefit work, we see reporting which highlights only the estimated gross costs of retirement policy — expenditures on the aged pension plus problematic estimates of the ‘tax expenditures’ on superannuation,” it says.

“There is no measure anywhere of the fiscal and broader economic benefits in moving, over time, significant numbers of those age-eligible for the pension to a higher living standard in self-funded retirement from increased saving,” it says.

It argues that the review’s “highest priority” should be in establishing a fact base on the situation around retirement income in Australia that would include long-term economic modelling of retirement income trends and their social costs and benefits.

It argues that the current focus on the tax forgone from super tax concessions is “misleading” and “hugely overstates gross costs” and ignores other positive outcomes such as encouraging saving for retirement and reducing a potential drain on the Age Pension.

The submission also argues for a reform of the current compulsory super guarantee system.

It says the compulsory 9.5 per cent contribution to super, which is set to rise to 12 per cent, is too high for people on low incomes.

It says the current income level threshold for super contributions has been kept at the low level of $450 a month — a level set when the super guarantee system was introduced at 3 per cent in 1992.

Save Our Super submission: Consumer Advocacy Body for Superannuation

Click here for the PDF document

13 January 2020

The Manager
Retirement Income Policy Division
Treasury
Langton Cres
Parkes ACT 2600

Save Our Super submission:  Consumer Advocacy Body for Superannuation

Dear Sir/Madam

Save Our Super has recently prepared an extensive Submission to the Retirement Income Review dealing in part with the many ‘consumer’ issues triggered by the structure of retirement income policy and the frequent and complex legislative change to that policy.  

That Submission was lodged with the Review’s Treasury Secretariat on 10 January 2020 and a copy is attached to the e-mail forwarding this letter. It serves as an example of the analysis of super and retirement policy and of the advocacy that superannuation fund members, both savers and retirees, can contribute.  Its four authors’ backgrounds show the wide range of experience that can be useful in the consumer advocacy role. 

We note both the policy and the advocacy consultations are running simultaneously, exemplifying the pressures Government legislative activity places on meaningful consumer input.  Consumer representation is necessarily more reliant on volunteer and part-time contributions than the work of industry and union lobbyists and the juggernaut of government legislative and administrative initiatives.

Given the breadth, complexity and fundamentally important nature of the issues raised for the Retirement Income Review by its Consultation Paper, we have prioritised our submission to that Review over the issues raised by the idea of a Consumer Advocacy Body.  This letter serves as a brief submission and as a ‘place holder’ for Save Our Super’s interest in the consumer advocacy issues.

The idea of a consumer advocacy body is worthwhile in trying to improve member information, engagement and voice in superannuation and in the formation of better, more stable and more trustworthy retirement income policy.  It should help government to understand the perspectives of superannuation members.

Save Our Super was formed from our frustration at the evolution of superannuation and broader retirement income policies.  We contributed as best we could to the rushed and heavily constrained Government consultations on, and Parliamentary Committee inquiries into, the complex retirement income policy changes that took effect in 2017. One example of our inputs is https://saveoursuper.org.au/save-supers-joint-submission-senate-committee-two-superannuation-bills/ .

For the consultations on the Consumer Advocacy Body for Superannuation, we limit our comments here to point 1 on the Consultation’s brief web page, https://treasury.gov.au/consultation/c2019-38640 :

Functions and outcomes: What core functions and outcomes do you consider could be delivered by the advocacy body? What additional functions and outcomes could also be considered? What functions would the advocacy body provide that are not currently available?”

Key roles

  • Consult with superannuation fund members on their concerns, including issues of legal and regulatory complexity, frequent legislative change and legislative risk which has become destructive of trust in superannuation and its rule-making.
  • Commission or perform research arising from consultations and reporting of member concerns.
  • Tap perspectives of all superannuation users, whether young, mid-career, or near-retirement savers, as well as of part- or fully self-funded retirees.
  • Publish reporting of savers’ concerns to Government, at least twice-yearly and in advance of annual budget cycles.
  • Contribute an impact statement – as envisaged in the lapsed Superannuation (Objectives) Bill – of the effects of changes to any legislation (not just super legislation) on retirement income (interpreted broadly to include the assets, net income and general well-being of retirees, now and in the future).

The advocacy body should:

  • take a long-term view, and could be made the authority to administer, review or critique the essential modelling referred to in Save Our Super’s submission to the Retirement Income Review. Ideally, the  Consumer Advocacy Body should have the freedom to commission Treasury to conduct such modelling, and/or to use any other capable body.
  • give appropriate representation and support to SMSFs, and be prepared to advocate for them against the interests of large APRA-regulated funds when necessary.  
  • advocate specifically for the very large number of people with quite small superannuation accounts, when their interests are different from those of people with relatively large balances.

The biggest risk to the advocacy body in our view is that it would over time be hijacked by special interest groups, or hobbled by its terms of reference.  Careful thought in its establishment, key staffing choices and strong political support would be helpful to protect against these risks. 

Membership issues

  • Membership of the Body should be part-time, funded essentially per diem and with cost reimbursement only for participation in the information gathering and consumer advocacy processes.  A small part-time secretariat could be provided from resources in, say, PM&C or Treasury. 
  • Membership opportunities should be advertised.
  • Membership of the Body should be strictly limited to individuals or entities that exist purely to advocate for the interests of superannuation fund members. (This would include any cooperative representation of Self-Managed Superannuation Funds.) We would counsel against allowing membership to industry entities which might purport  to advocate on behalf of their superannuation fund members, but might also inject perspectives that favour their own commercial interests.
  • Membership should include individuals with membership in (on the one hand) commercial or industry super funds and (on the other hand) Self-Managed Superannuation Funds.  We see no need to ensure equal representation of commercial and industry funds, though we would be wary if representation was only of those in industry funds or only commercial funds.
  • We offer no view at this stage on whether the Superannuation Consumers Centre would be a useful anchor for a new role, but we would suggest avoiding duplication.

Functions not currently available

The consultation asks what functions the Consumer Advocacy Body for Superannuation could perform that are not presently being performed.  SOS’s submission to the Retirement Income Review and earlier submissions on the changes to retirement income policy that took effect in 2017 shows the range of superannuation members’ advocacy concerns that are not at present being met.  

Prior attempts to establish consultation arrangements for superannuation members appear to us to have focussed mostly on the disengagement and limited financial literacy of some superannuation fund members.  Correctives to those concerns have heretofore looked to financial literacy education and better access to higher quality financial advice. Clearly such measures have their place.

But in the view of Save Our Super, these problems arise in larger part from the complexity and rapid change of superannuation and Age Pension laws, and in the nature of the Superannuation Guarantee Charge. Nothing predicts disengagement by customers and underperformance and overcharging by suppliers more assuredly than government compulsion to consume a product that would not otherwise be bought because it is too complex to understand, too often changed and widely distrusted.

There needs to be more consumer policy advocacy aimed at getting the policies right, simple, clear and stable, as was attempted in the 2006 – 2007 Simplified Super reforms.

Other issues

In the time available, we offer no views on questions 2,3 and 4, which are more for government administrators.

Yours faithfully

Jack Hammond, QC

Founder, Save Our Super

Click here for the PDF document

Submission by Save Our Super in response to Retirement Income Review Consultation Paper – November 2019

Submission by Save Our Super in response to Retirement Income Review Consultation Paper – November 2019

by Terrence O’Brien, Jack Hammond, Jim Bonham and Sean Corbett

saveoursuper.org.au

10 January 2020

Click here for the full PDF document

Summary

  1. The Review’s Terms of Reference seek a fact base on how the retirement income system is working.  This is a vital quest.  Such information, founded on publication of long-term modelling extending over the decades over which policy has its cumulative effect, has disappeared over the last decade.
  2. Not coincidentally, retirement income policy has suffered from recent failures to set clear objectives in a long-term framework of rising personal incomes, demographic ageing, lengthening life expectancy at retirement age, weak overall national saving, low household and company saving and a persistent tendency to government dissaving.
  3. A new statement of retirement income policy objectives should be:
    • to facilitate rising real retirement incomes for all;
    • to encourage higher savings in superannuation so progressively more of the age-qualified can self-fund retirement at higher living standards than provided by the Age Pension;
    • to thus reduce the proportion of the age-qualified receiving the Age Pension, improving its sustainability as a safety net and reducing its tax burden on the diminishing proportion of the population of working age; and
    • to contribute in net terms to raising national saving, as lifetime saving for self-funded retirement progressively displaces tax-funded recurrent expenditures on the Age Pension.
  1. With the actuarial value of the Age Pension to a homeowning couple now well over $1 million, self-funding a higher retirement living standard than the Age Pension will require large saving balances at retirement.  It is unclear that political parties accept this.  It seems to Save Our Super that politicians champion the objective of more self-funded retirees and fewer dependent on the Age Pension but seem dubious about allowing the means to that objective.
  1. Save Our Super highlights fragmentary evidence from the private sector suggesting retirement income policies to 2017 were generating a surprisingly strong growth in self-funded retirement, reducing spending on the Age Pension as a share of GDP, and (prima facie) raising living standards in retirement (Table 1). (Anyone who becomes a self-funded retiree can be assumed to be better off than if they had rearranged their affairs to receive the Age Pension.)  Sustainability of the retirement system for both retirees and working age taxpayers funding the Age Pension seemed to be strengthening. These apparent trends are little known, have not been officially explained, and deserve the Review’s close attention in establishing a fact base.
  1. Retirement policy should be evaluated in a social cost-benefit framework, in which the benefits include any contraction over time in the proportion of the age-eligible receiving the Age Pension, any corresponding rise in the proportion enjoying a higher self-funded retirement living standard of their choice, and any rise in net national savings; while
    the costs include a realistic estimate of any superannuation ‘tax expenditures’ (this often used term is placed in quotes because it is generally misleading – see subsequent discussion) that reduce the direct expenditures on the Age Pension. Such a framework was developed and applied in the 1990s but has since fallen into disuse.
  1. Policy changes that took effect in 2017 have suffered from a lack of enumeration of the long-term net economic and
    fiscal impacts on retirement income trends. They also damaged confidence in the retirement rules, and the rules for changing those rules. Extraordinarily, many people trying to manage their retirement have found legislative risk in recent years to be a greater problem than investment risk. Save Our Super believes the Government should re-commit to the grandfathering practices of the preceding quarter century to rebuild the confidence essential for long-term saving under
    the restrictions of the superannuation system.
  1. Views on whether retirement policy is fair and sustainable differ widely, in large part because the only official analysis that has been sustained is so-called ‘tax expenditure’ estimates using a subjective hypothetical ‘comprehensive income tax’ benchmark that has never had democratic support.
  1. This prevailing ‘tax expenditure’ measure is unfit for purpose. It is conceptually indefensible; it produces wildly unrealistic
    estimates of hypothetical revenue forgone from superannuation (now said to be $37 billion for 2018-19 and rising); and it presents an imaginary gross cost outside the sensible cost-benefit framework used in the past.  It also presents (including, regrettably, in the Review’s Consultation Paper) an imaginary one-off effect as though it could be a
    recurrent flow similar to the actual recurrent expenditures on the Age Pension.
  1. An alternative Treasury superannuation ‘tax expenditure’ estimate, more defensible because it has the desirable characteristic of not discriminating against saving or supressing work effort, is based on an expenditure tax benchmark. It estimates annual revenue forgone of $7 billion, steady over time, not $37 billion rising strongly. 
  1. Additional to the four evaluative criteria proposed in the Consultation Paper, Save Our Super recommends a fifth: personal choice and accountability. Over the 70-year horizon of individuals’ commitments to retirement saving, personal circumstances differ widely.  As saving rates rise, encouraging substantial individual choice of saving profiles to achieve preferred retirement living standards is desirable.
  1. We also restate a core proposition perhaps unusual to the modern ear: personal saving is good. The consumption that is forgone in order to save is not just money; it is real resources that are made available to others with higher immediate demands for consumption or investment. Saving and the investment it finances are the foundation for rising living standards. Those concerned at the possibility of inequality arising from more saving should address the issue directly by presenting arguments for more redistribution, not by hobbling saving.
  1. While retirement income ‘adequacy’ is a sensible criterion for considering the Age Pension, ‘adequacy’ makes no sense as a policy guide to either compulsory or voluntary superannuation contributions towards self-funded retirement. Adequacy of self-funded retirement income is properly a matter for individuals’ preferences and saving choices.
  1. The task for superannuation policy in the broader retirement income structure is not to achieve some centrally-approved
    ‘adequate’ self-funded retirement income, however prescribed. It is to roughly offset the government’s systemic disincentives to saving from welfare spending and income taxing. Once government has struck a reasonable, stable and sustainable tax structure from that perspective, citizens should be entitled to save what they like, at any stage of life.
  1. The Super Guarantee Charge’s optimum future level is a matter for practical marginal analysis rather than ideology. Would raising it by a percentage point add more to benefits (higher savings balances at retirement for self-funded retirees) than to costs (e.g. reduced incomes over a working lifetime, more burden on young workers, or on poor workers who may not save enough to retire on more than the Age Pension)?
  1. The coherence of the Age Pension and superannuation arrangements is less than ideal. Very high effective marginal tax rates on saving arise from the increased Age Pension assets test taper rate, with the result that many retirees are trapped in a retirement strategy built on a substantial part Age Pension.  Save Our Super also identifies six problem areas where inconsistent indexation practices of superannuation and Age Pension parameters compound through time to reduce super savings and retirement benefits relative to average earnings. These problems reduce confidence in the stability of the system and should be fixed.
  1. Our analysis points to policy choices that would give more Australians ‘skin in the game’ of patient saving and long term investing for a well performing Australian economy.  Those policies would yield rising living standards for all, both those of working age and retirees.  Such policies would give more personal choice over the lifetime profile of saving and retirement living standards; fewer cases where compulsory savings violate individual needs, and more engaged personal oversight of a more competitive and efficient superannuation industry.

About the authors

Terrence O’Brien is an honours graduate in economics from the University of Queensland, and has a master of economics from the Australian National University. He worked from the early 1970s in many areas of the Treasury, including taxation
policy, fiscal policy and international economic issues. His senior positions have also included several years in the Office of National Assessments, as resident economic representative of Australia at the Organisation for Economic Cooperation and Development, as Alternate Executive Director on the Boards of the World Bank Group, and as First Assistant Commissioner at the Productivity Commission.

Jack Hammond LLB (Hons), QC is Save Our Super’s founder. He was a Victorian barrister for more than three decades.
He is now retired from the Victorian Bar. Prior to becoming a barrister, he was an Adviser to Prime Minister Malcolm Fraser, and an Associate to Justice Brennan, then of the Federal Court of Australia. Before that he served as a Councillor on the Malvern City Council (now Stonnington City Council) in Melbourne.

Jim Bonham (BSc (Sydney), PhD (Qld), Dip Corp Mgt, FRACI) is a retired scientist (physical chemistry).  His career spanned 7 years as an academic followed by 25 years in the pulp and paper industry, where he managed scientific research and the development of new products and processes.  He has been retired for 14 years has run an SMSF for 17 years.

Sean Corbett has over 25 years’ experience in the superannuation industry, with a particular specialisation in retirement income products. He has been employed as overall product manager at Connelly Temple (the second provider of allocated pensions in Australia) as well as product manager for annuities at both Colonial Life and Challenger Life. He has a commerce degree from the University of Queensland and an honours degree and a master’s degree in economics from Cambridge University.

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Click here for the full PDF document

Retirement Income Review Consultation Paper (November 2019)

H:\MCD\Publishing\Graphic Design Services Team\Projects\2019\Retirement Income Review 29901\proofs\Retirement Income Review Cover_final.jpgRetirement Income Review Consultation Paper

November 2019

© Commonwealth of Australia 2019

Click here to view/print the PDF

Pension bill falling as super grows, Treasury’s MARIA modelling shows

The Australian

24 March 2019

Michael Roddan

Federal cabinet ministers have deliberated on confidential new Treasury modelling of the nation’s reliance on the Age Pension, which shows the amount of money spent on retirees will fall faster than previously expected, amid calls to dump the planned increase in the superannuation guarantee to 12 per cent.

The Australian can reveal the results of Treasury’s new modelling system, known as MARIA (Model of Australian Retirement Incomes and Assets), outlining the “adequacy and equity” of retirement incomes, has been provided to cabinet on several occasions in recent months, according to Freedom of Information requests.

The Treasury has been developing its MARIA model since 2017 in a generational overhaul of its systems, which provide long-term projections of Age Pension expenditure and take-up, superannuation savings, and the level of retirement incomes.

It can also be revealed that cabinet examined the effect of applying different concessional tax rates to super savings, according to separate requests sought under FOI laws, but the government decided against any move.

In the 2016 federal budget, the government capped tax-free pensions at $1.6 million, or $3.2m for couples, to limit the access wealthier Australians had to generous tax breaks in superannuation.

As previously revealed by The Australian, the unreleased MARIA modelling has found projections of the share of GDP Australia spends on the Age Pension is “consistent” with a fall of 2.7 per cent last year to 2.5 per cent in 2038 — significantly lower than previous estimates of the cost of providing the pension.

The Age Pension is the single biggest government expenditure at nearly $50bn a year. In 2002, the Age Pension cost 2.9 per cent of GDP and was forecast to rise to 4.6 per cent by 2042. But larger superannuation balances have seen that estimate lowered.

The government has been under pressure to scrap the ­planned increase in the superannuation guarantee from 9.5 to 12 per cent, which was partially frozen by the Abbott government.

The Grattan Institute has found increasing the rate would overwhelmingly benefit wealthier savers, hurt poorer workers by forcing them to put aside more of their disposable income for meagre increases in savings, and cost the federal budget an extra $2bn a year in tax concessions.

“The ‘currently legislated’ projections in the 2015 Intergenerational Report saw the Age Pension heading to more like 3.6 per cent of GDP,” said Deloitte Access Economics associate director Doug Ross. “With that in mind, the MARIA result is a bigger shift than you think.

“If true, those projections would be bad news for those still arguing for a lift in the SG rate to 12 per cent.”

Josh Frydenberg would not confirm whether the government was incorporating the new retirement modelling into the federal budget.

“The forecasts in the budget are based on the most current information and models available to the government,” the Treasurer said.

It is unlikely the federal budget will announce any major changes to superannuation or retirement incomes. The Actuaries Institute, which analyses long-term scenarios related to retirement income policy and financial services, was barred from joining the federal budget lockup this year as there were unlikely to be any announcements relevant to the group.

Sources familiar with MARIA said the results of the modelling could marginally affect the budget forecasts over the forward estimates, but would have a greater impact over the outer-year projections.

Treasury developed the model with the purpose of examining long-term effects of policy changes, which could estimate the impact of reforms out to 2050.

The effect of scrapping the increase in the super guarantee can also be modelled by MARIA, and sources said this was highly likely.

The Australian was blocked from accessing the contents of the documents as the information would “reveal a cabinet decision or deliberation”.

“One document was submitted to cabinet after having been brought into existence for the dominant purpose of submission to cabinet,” Treasury tax analysis division principal Matt Maloney said.

“Four documents, if disclosed, would reveal a cabinet deliberation or decision which has not been official disclosed.”

The Productivity Commission earlier this year recommended freezing the increase in the super guarantee rate and reviewing whether it would be equitable to force low-income workers to hive off even more of their salary into nest eggs, and whether the generous tax breaks in the super system have encouraged wealthier Australians to save any more than they would otherwise have done so.

Opposition Leader Bill Shorten and the union sector have attacked the government for delaying the increase to 12 per cent, which is scheduled to take place by 2025. The ACTU is pushing for a 15 per cent rate, in line with demands from the super fund industry.

Treasury modelling in 2013 found the government would continue to lose more revenue through concessional tax breaks in super than it saved in keeping self-funded retirees off the pension, with the loss extending out to 2070. Increasing the super guarantee rate to 12 per cent will result in the total super tax breaks adding more than 10 per cent to the nation’s debt by 2050.

The Grattan Institute found at the 9.5 per cent rate, the average retiree would receive an income of “at least” 91 per cent of their pre-retirement salary under current savings rates, well above the 70 per cent benchmark recommended by developed economies.

The independent think tank found that ending fee-gouging and driving better fund performance, or increasing the retirement age to 70, would result in far higher retirement incomes for all workers at the same time as taking pressure off the budget.

Michael Roddan – Reporter

Michael Roddan is a business reporter covering banking, insurance, superannuation, financial services and regulation.

Age Pension liability ‘will fall faster than projected’

The Australian

Michael Roddan, Reporter

28 December 2018

Confidential Treasury modelling of the nation’s reliance on the Age Pension has found
the amount of money spent on welfare for retirees will fall faster than previously
expected as bigger superannuation nest eggs push Australians into self-funded
retirement.

The unreleased projections of the share of GDP Australia spends on the Age Pension
is “consistent” with a fall of 2.7 per cent last year to 2.5 per cent in 2038. This is
significantly lower than previous estimates of the cost of providing the pension.

The government’s 2015 Intergenerational Report had the cost of the Age Pension
holding steady at about 3 per cent of GDP. In 2002, the Age Pension cost 2.9 per cent
of GDP and was forecast to rise to 4.6 per cent by 2042.

Documents obtained by The Australian under Freedom of Information laws reveal
Treasury noted projections by actuarial firm Rice Warner were consistent with its
revised, but not publicly released, modelling using the new Treasury system MARIA
(Model of Australian Retirement Incomes and Assets).

“Rice Warner projections are consistent with Treasury’s medium-term Age Pension
expenditure profile and longer-term projections from MARIA … though Treasury’s
projections have not been released yet,” notes an email from Treasury’s modelling
division in the tax analysis group.

The paper released in May by Rice Warner chief executive Michael Rice found the
share of the population eligible to receive the Age Pension would decline from about
69 per cent last year to 57 per cent in 2038.

This was because the superannuation system was delivering larger nest eggs for
savers, putting them outside the Age Pension assets test.

The revelations that Treasury is also expecting a falling Age Pension burden comes
after the government recently scrapped a planned move to lift the retirement age to 70.

The documents obtained by The Australian showed Treasury officials considered it
would be “good to flag” the comparison between the Rice Warner report and the
department’s MARIA modelling with former minister for revenue and financial
services Kelly O’Dwyer.

While the most recent Intergenerational Report forecast “relatively stable” Age
Pension reliance, at about 3 per cent of GDP, Treasury said the lower estimates gained
from its MARIA modelling were “not unexpected” as they reflected “updated data,
modelling and policy changes” since the 2015 Intergenerational Report.
However, Treasury has not released the assumptions underpinning its MARIA
modelling, which would allow third parties, such as the independent Parliamentary Budget Office, to check the government’s projections.

Because of the fall in the reliance on the Age Pension, Rice Warner suggested using
the savings to fund increased rental assistance for age pensioners.

Michael Roddan, Reporter

The 2016-2017 adverse superannuation changes; a Grattan Institute/Turnbull Government recipe for loss of trust and increased uncertainty?

Address by Jack Hammond QC, founder of Save Our Super.

Tuesday, 18 September 2018 at La Trobe University Law School, City Campus, 360 Collins Street, Melbourne, lunch-time seminar, “Australian Superannuation: Fixing the Problems”.

INTRODUCTION and DECLARATION OF INTEREST

In 2016-17, the Turnbull Government made a number of superannuation policy and legislative changes which adversely affected many Australians. Those changes were made without appropriate ‘grandfathering’ provisions even though they amounted to ‘effective retrospectivity’ (a term coined in February 2016 by the then Treasurer, Scott Morrison). ‘Grandfathering’ provisions continue to apply an old rule to certain existing situations, while a new rule will apply to all future cases.

I am a retired barrister and am adversely affected by those 2016-17 superannuation changes. That, in turn, has led me to form the superannuation community action group, Save Our Super.

The Turnbull Government, assisted and encouraged by the Grattan Institute in Melbourne has, without notice and at a single stroke, changed the superannuation rules and the rules for making those rules. They have turned superannuation from a long-term, multi-decades, retirement income system into, at best, an annual federal budget-to-budget saving proposition. That is a contradiction in terms . It is unsustainable.

Further, it is a recipe for a loss of trust and increased uncertainty for all those already in the superannuation system and those yet to start.

Save Our Super has three proposals which we believe will redress the 2016-17 superannuation policy and legislative changes and prevent a recurrence.

But first, how did we get here and in particular, without appropriate ‘grandfathering ‘ provisions? Those type of provisions have accompanied all significant adverse superannuation changes over the past 40 years.1

BACKGROUND CHRONOLOGY

29 November 2012 Lucy Turnbull appointed a director of the Grattan Institute, Melbourne.2
May to June  2015 Scott Morrison, whilst Minister for Social Services in Abbott Government, makes 12 ‘tax-free superannuation’ promises.3
2014 to 2015 Malcolm and Lucy Turnbull donate funds to Grattan Institute.4
15 September 2015 Malcolm Turnbull replaced Abbott as Prime Minister. Scott Morrison becomes Treasurer.5
24 November 2015 Grattan Institute publishes Report ”Super Tax Targeting” by Grattan Institute CEO John Daley and others. Dismisses need for ‘grandfathering’ provisions6 and observes ‘…that taxing earnings for those in the benefits stage may raise concerns about the government retrospectively changing the rules’. 7

No mention of the possible consequential of loss of trust and uncertainty that retrospective changes may bring.

Note that the Grattan Institute material shows, on its front page, an image of three of the bronze pigs on display in the Rundle Street Mall, Adelaide.8

We, and other self-funded superannuants, believe that the Grattan Institute’s prominent use of that image of those bronze pigs was not merely a juvenile attempt at humour.

It was a none-to-subtle insulting implication that Australians whom had faithfully conformed with successive governments’ superannuation rules and had substantial superannuation savings were, nonetheless, greedy pigs with their ‘snouts in the trough’.

See also 9 November 2016 entry below.

2015-2016 Malcolm and Lucy Turnbull donate further funds to Grattan Institute.9
18 February 2016 Scott Morrison, as Treasurer, gave an address to the Self Managed Superannuation Funds 2016 National Conference in Adelaide.

Draws attention to ‘effective retrospectivity’ and its ‘great risk’ in relation to super changes.

“Our opponents stated policy is to tax superannuation earnings in the retirement phase. I just want to make a reference less about our opponents on this I suppose but more to highlight the Government’s own  view, about our great sensitivity to changing arrangements in the retirement phase.

One of our key drivers when contemplating potential superannuation reforms is stability and certainty, especially in the retirement phase. That is good for people who are looking 30 years down the track and saying is superannuation a good idea for me? If they are going to change the rules at the other end when you are going to be living off it then it is understandable that they might get spooked out of that as an appropriate channel for their investment.

That is why I fear that the approach of taxing in that retirement phase penalises Australians who have put money into superannuation under the current rules – under the deal that they thought was there. It may not be technical retrospectivity but it certainly feels that way.

It is effective retrospectivity, the tax technicians and superannuation tax technicians may say differently. But when you just look at it that is the great risk.”10

3 May 2016 Scott Morrison, as Treasurer, announces in his Budget 2016-17 Speech to Parliament a number of adverse ‘changes to better target superannuation tax concessions’ .

No ‘grandfathering’ provisions announced.11

See also, Budget Measures, Budget Paper No 2, 2016-17, 3 May 2016, Part 1, Revenue Measures, pp 24-30.12

5 September 2016 John Daley, CEO Grattan Institute, said:
“Winding back superannuation tax breaks will be an acid test of our political system. If we cannot get reform in this situation, then there is little hope for either budget repair or economic reform” (AFR 5/9/16)13
9 November 2016 To give effect to the Budget 2016-17 superannuation changes, Scott Morrison presented the Turnbull Government’s package of 3 superannuation Bills to Parliament.

To publicly explain and justify those superannuation changes to Parliament, Scott Morrison and Kelly O’Dwyer circulated and relied in Parliament upon a 364 page “Explanatory Memorandum”.

The Explanatory Memorandum states on its front page “Circulated by the authority of the Treasurer, the Hon Scott Morrison MP and Minister for Revenue and Financial Services, the Hon Kelly O’Dwyer MP.

In turn, the Explanatory Memorandum expressly refers to, and provides links to, the Grattan Institute’s 24 November 2015 Media Release and Report (see 24 November 2015 entry, above).

As noted above, that Grattan Institute material shows, on its cover, an image of three of the bronze pigs on display in the Rundle Street Mall, Adelaide.14

Bronze pigs in Rundle Street Mall, Adelaide 

23 November 2016 The Turnbull Government, with the support of Labor, rushed through Parliament two of its three superannuation Bills.
29 November 2016 Those two Bills were assented to on 29 November 2016 and are now law:

Superannuation ( Excess Transfer Balance Tax) Imposition Act 2016 (C’th) (No 80 of 2016);15

Treasury Laws  Amendment (Fair and Sustainable Superannuation) Act 2016 ) (C’th) (No 81 of 2016)16

The third superannuation Bill, the Superannuation (Objective) Bill, remains stalled in the Senate.17

1 December 2016 Lucy Turnbull retired as a director of the Grattan Institute.18
24  August 2018 Malcolm Turnbull resigns as Prime Minister.19
Scott Morrison becomes Prime Minister.20

SAVE OUR SUPER’S THREE PROPOSALS FOR THE FUTURE
Save Our Super has three proposals which we believe could redress the 2016-17 superannuation policy and legislative changes and prevent a recurrence.

First,  Scott Morrison, in his new capacity as Prime Minister, should request the Treasurer, Josh Frydenberg and/or through him, the Assistant Treasurer, Stuart Robert, to revisit the Turnbull Government’s 2016-17 superannuation changes.

A discussion paper and advice from Treasury should be requested. It should include the effect of the Turnbull Government’s 2016-17 superannuation changes on superannuation fund taxes in 2017-18 and over the forward estimates.

To restore trust and reduce uncertainty in the superannuation system, the Morrison Government should introduce into Parliament legislation which will retrospectively provide appropriate ‘grandfathering’ provisions in relation to the Turnbull Government’s 2016-17 adverse superannuation changes.

Those ‘grandfathering’ provisions to be available to those significantly adversely affected and whom wish to claim that relief. 

Secondly, Save Our Super proposes to create a Superannuation and Retirement Income  Policy Institute, independent of government , funded, at least initially, by private donations/subscriptions.

Its role will be to advocate on behalf of those millions of superannuants and retirees whose collective voice needs to be heard.

Thirdly, Save Our Super will advocate for an amendment to the Australian Constitution, to have a similar effect in relation to superannuation and other retirement income, as does section 51 (xxxi) has in relation to the compulsory acquisition of property.

That section empowers the federal Parliament to make laws with respect to the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws (emphasis added).

Thus Parliament’s power to make laws in relation to superannuation and other retirement income should not be affected. However, any significant adverse change to existing situations will need to be on just terms, for example, by providing appropriate ‘grandfathering’ provisions as part of that federal law.

1. [https://saveoursuper.org.au/super-changes-grandfathering-rules-must-considered]
2. [https://grattan.edu.au/wp-content/uploads/2014/03/Grattan_Institute_Annual_Financial_Report_2013.pdf (pp 2-3)]
3. [https://saveoursuper.org.au/scott-morrison-12-superannuation-tax-free-promises]
4. [https://grattan.edu.au/wp-content/uploads/2015/11/Grattan-Institute-Annual-Report-on-Operations-30-June-2015.pdf (p 19)]
5. [https://en.wikipedia.org/wiki/First_Turnbull_Ministry]
6. [https://grattan.edu.au/wp-content/uploads/2015/11/832-Super-tax-targeting.pdf (p 7)]
7. [https://grattan.edu.au/wp-content/uploads/2015/11/832-Super-tax-targeting.pdf (pp 68-9, para 6.5)]
8. [https://grattan.edu.au/wp-content/uploads/2015/11/832-Super-tax-targeting.pdf (front page)]
9. [https://grattan.edu.au/wp-content/uploads/2016/11/Grattan-Institute-Annual-Report-on-Operations-30-June-2016.pdf (p 24)]
10. [Scott Morrison, Address to the SMSF 2016 National Conference, Adelaide]
11. [https://www.budget.gov.au/2016-17/content/speech/html/speech.htm]
12. [https://budget.gov.au/2016-17/content/bp2/download/BP2_consolidated.pdf]
13. [https://grattan.edu.au/wp-content/uploads/2017/11/Grattan-Institute-Annual-Report-2017-Web.pdf (p 6)]
14. [The Explanatory Memorandum refers to the Grattan Institute’s 24 November 2015 report “Super tax targeting” by John Daley and Brendan Coates: (see page 275, paragraph 14.12, footnote 2). Click on the link on footnote 2, 2 Grattan Institute, media release, ‘For fairness and a stronger Budget, it is time to target super tax breaks’, 24 November 2015,  http://grattan.edu.au/for-fairness-and-a-stronger-budget-it-is-time-to-target-super-tax-breaks/”.
Click on the link at foot of that page Read the report“. That link will take you to the Grattan Institute report “Super tax targeting “ dated 24 November 2015 by John Daley and others. The report’s front page shows the image of those bronze pigs in the Rundle Street Mall, Adelaide. Note: The Grattan Institute’s website has been updated since the publication of that document. However, the article itself and the image of the 3 pigs remain.]

15. [Superannuation ( Excess Transfer Balance Tax) Imposition Act 2016 (C’th) (No 80 of 2016)]
16. [Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 ) (C’th) (No 81 of 2016)]
17. [Superannuation (Objective) Bill]
18. [https://grattan.edu.au/wp-content/uploads/2017/11/Grattan-Institute-Annual-Financial-Report-2017.pdf (p 3)]
19. [https://en.wikipedia.org/wiki/Malcolm_Turnbull]
20. [https://en.wikipedia.org/wiki/Scott_Morrison]

Treasurer Scott Morrison’s taxing our nerves with his super fibs

The Australian

27 August 2016

Grace Collier Columnist Melbourne @MsGraceCollier

According to a Coalition insider, years ago our federal treasurer at the time, Peter Costello, completely “stuffed up” our superannuation system. Until recently, this theory was completely unknown to me, and probably is news to you, too. You may have thought, as I did, that Costello was the last competent treasurer this nation had.

In any case, we were all wrong; apparently Costello was an irresponsible galoot. And unless our stuffed superannuation system is fixed, Scott Morrison said on radio this week, he will find it pretty hard to look his “kids in the eye and tell them they’ve got to saddle a higher debt because someone who had a very big income wanted to pay less tax”.

This “someone” with a “very big income” who wants to “pay less tax” is how the Treasurer refers nowadays to self-funded retirees. Earlier this month, he told listeners of radio station 5AA there were 6000 of them with superannuation balances of more than $5 million. One might expect a Liberal politician to praise these people, hold them up as role models and publicly thank them for staying off the public purse. After all, they have done exactly what various governments through many years have wanted them to do, and none of us will have to lift a finger to support them.

But no, Morrison — who often sounds more like a socialist than those on the left of the Labor Party — spoke about these people as though they were selfish tax dodgers. If one picks up Morrison’s vibe, the existence of these 6000 people is evidence the superannuation system is stuffed and the reason we are in debt and on the cusp of losing our triple-A credit rating.

The nation’s debt is of no concern to many Australian adults. Would Morrison’s children really lie awake at night worrying about it? And is the amount of money Morrison is planning to collect from his superannuation “reforms” going to help much? After all, the net savings are a mere 0.16 per cent of total government receipts across the forward estimates.

Regardless, the Treasurer needn’t worry about what to say to the children. He can just do to them what he does to us: say any old thing, no matter how obviously untrue, over and over, like a commission-only sales rep. Come to think of it, Morrison could just tell his kids there is no public debt at all.

Thanks to the website saveoursuper.org.au, we can see what the Treasurer said just last year about how the government would never, ever do what he said Labor would do, which is exactly what the government is going to do now: tax the income from people’s superannuation savings accounts.

Radio 3AW, June 19 last year: “Well, we do want to encourage everyone … to be saving for their retirement and … we don’t want to tax you, like (Labor’s treasury spokesman) Chris Bowen does.”

Radio 2GB, May 25 last year: “My own view is … I don’t want to tax people more when they’re basically investing for their own future … That’s why I think Chris Bowen’s idea … of … taxing superannuation incomes is a bad idea. I don’t support it.”

Question time, May 25 last year: “And when they get into their retirement, we are going to make sure that their hard-earned savings in their superannuation will not be the subject of the tax slug that those opposite want to impose, those opposite see it as a tax nest — a tax nest for those to plunder. What we will do for them is: we will not tax them.”

3AW, May 18, last year: “It’s the Labor Party who wants to tax superannuation, not the Liberal Party, particularly the incomes of superannuants …”

Doorstop, May 8 last year: “The government has made it crystal clear that we have no interest in increasing taxes on superannuation either now or in the future … unlike Labor, we are not coming after people’s superannuation.”

Press conference, May 7 last year: “What we are not going to do is we are not going to tax those savings like Bill Shorten wants to do. That is the difference, we will not tax your super, Bill Shorten will … we are not going to increase those taxes … nothing we have done with the Greens has in any way changed the government’s position on not taxing your super. We will not tax your super.”

ABC’s AM, May 5 last year: “What is not fair is if you save for your retirement and you create yourself a superannuation nest egg and the government then comes along and taxes that income, which is what Labor are proposing to do.”

3AW, May 1 last year: “The government does not support Labor’s proposal to tax superannuants more on the income they have generated for their retirement.”

For those on the other side of this debate and supportive of the government’s changes, remember this: people who aim to fund their own retirements are not angry about having to pay more tax. These people are well accustomed to paying for everyone else; they have done it all their lives. They are angry because they have been lied to by Morrison, and when he isn’t boasting about how he has caused the value of Australia’s largest pastoral company to plummet, he runs around the place insulting and degrading successful savers, the people he should be praising.

In my opinion the man is dangerous and not fit to be Treasurer. And the next election cannot come soon enough.

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