Outsourcing of super by employers is a regular occurrence. You
start off as a member in one fund and find you are transferred to
another when the employer no longer wants to spend time and
resources administering super.
Funds also merge from time to time.
Sometimes the investment option chosen in the first fund is not
available in the new one. The option you want might have a
different asset class weighting - you could be moved from a
balanced option to a growth option.
It is important to keep relevant documents about these changes
in the event of any dispute.
This was highlighted by a recent decision in favour of the fund
member in a dispute relating to a transfer of super in 2003, handed
down by the Superannuation Complaints Tribunal, precisely because
he had the documentation relating to his old fund investment
selection to back his claims.
When the member's fund was wound up he was fully invested in
Australian shares. But when the balance moved to the new fund, it
went into a high-growth option.
Two years later the member complained about what he regarded as
the misallocation of his account. He had suffered a loss as a
result and was seeking compensation.
The tribunal looked at whether the information provided would
have led the member to expect that his account balance would be
invested in the same or equivalent investment option, as in the
former fund, and what the trustee's obligation was to ensure
that.
It decided, on the information provided, that the member would
reasonably have been led to believe his investment would be
replicated in the second fund and that it would therefore be in
Australian shares.
The member argued he had no reason to check the asset allocation
as he was advised he had been transferred to the replicated
investment option set out in presentations in his "welcome letter"
from the new fund. Initial investment returns for his investment
appeared consistent with his understanding.
The tribunal found that on the basis of the information in his
welcome letter, the option he had been transferred into was
designed to replicate his previous investment option, so he could
reasonably have expected to be placed in the same or equivalent
investment option as in the former fund.
Rejected by the tribunal was the trustee's submission that the
member should have realised after receiving the welcome letter that
his benefit had not been invested in the Australian shares option
and he should have taken action to switch to that option.
The tribunal found that the fund member had acted reasonably at
all times and directed the trustee to return him to the financial
position he would otherwise have been in.
Speaking at a recent super industry seminar, the tribunal's
acting chairwoman, Jocelyn Furlan, warned fund trustees they needed
also to watch that when they change life and total and permanent
disability insurers that the conditions provided by the new insurer
do not disadvantage members. Some insurers accepting the fund's
business exclude "not-at-work" members from cover. This can include
members who are on maternity leave, other leave, or sick leave at
the time of transfer.
She says such exclusion clauses must be disclosed to all
members. "If non- disclosure is found, the tribunal will go after
the trustee, even if the insurer won't pay," she told the
seminar.
The same goes for any endorsements to existing policies which
downgrade cover (to make it cheaper). Such changes must be notified
to all members.
Fund members should keep all their documents of old and new
funds when changing funds, welcome letters, communications about
any changes to fund conditions, fees and insurance cover, just in
case they are needed by the tribunal later. The tribunal relies on
documentation.
All documents should be read carefully, even though they may be
dense and dreary.