Not so equal when it comes to super
Without federal anti-discrimination laws, same-sex couples may still be subject to unfair treatment by private superannuation companies.
For 18 months, Peter Bartholomew has been fighting Mercer Super for access to his partner’s death benefits, as a company trustee weighs up the worth of Bartholomew’s 16-year relationship.
My partner left all of his super and insurances to me in his will but with all the threats and lawyers I still haven’t received a response from the company, as to what’s happening. So much for equality, because it really isn’t happening in regards to super, Bartholomew told Sydney Star Observer.
The super company has declined to give me any reasons as to why they haven’t paid it yet. They’ve basically said it’s up to the trustee who gets the super. He hasn’t made any decisions yet and is still assessing my partner’s mother’s claim, because he says there are no binding nominations even though he left it to me in his will … which is something I just don’t understand.
Sydney Star Observer contacted Mercer Super to obtain the company’s policies on same-sex claims, but it did not respond in time for print.
I’m left now with rent and bills to pay which I can’t afford because Paul was the main breadwinner. This is a matter of survival for me. Paul left his superannuation to me in the event of anything happening so I could get on with my life and survive, Bartholomew, who is currently on a pension, said.
Some form of anti-discrimination legislation would’ve definitely helped me. I feel that if it was a wife applying for her husband’s super there wouldn’t be the same issue. I feel like no one has even recognised my relationship.
Greens senators Bob Brown and Sarah Hanson-Young have continued to push for further super protections, after equality was won for Commonwealth Government employees.
Bartholomew has continued to fight. He wrote to HREOC three weeks ago and to his local member, Malcolm Turnbull. He is awaiting a response.
I agree with Jason, can the Star Observer put together a list of gay friendly superanuation providers? This would help, listing it one the homepage of The Start Observer would be great
Same sex partners take note…make sure you get a BINDING NOMINATION…. i suffered a similar fate to Peter (my heart goes out to you mate)when my partner of 17 years suddenly died
his employer’s (the Commonwealth Bank )superfund refused to follow his nomination and i was passed over in favour of his estate.I pursued the Bank through the anti discrimination board and the cowards(the commonwealth Bank) settled out of court.
However it should mention in my last post that one of the main cause for this discrimination is that in federal law a same-sex couple was not classed as defacto and obviously not in married relationship, so superproviders used this as a loop hole to get around not paying out, superproviders claim that they are regulated by the federal government which excluded same-sex couples, so thats another excuse they used to not pay out, even private super companies.
James – Superanuation providers basically ignore what is in the will and they have been doing it for years. There argument is that when you joined your super provider you signed the form which had all the term and conditions on it, so thats pretty much there excuse for not paying out.
I’m not gay, but I certainly don’t have a problem with a super company paying out to the other half of a homosexual relationship. Plus, if it’s in the will of the person who died, what business is it of a super company to challenge that will? I don’t get it.
The nightmare gets worse AFTER retirement, when we are most vunerable…. the private super funds don’t have to recognise same sex couples in reversionary pensions death benefits! (reversionary pensions are the way of the future- designed to eventually replace the govt pension). Private super funds are compelled to recognise straight couples, but not same sex couples in this area. So much for equality!
Remember, it’s our money- yet the private super funds are ripping off gays & lesbians’ hard earned money to boost thier own profits when it comes to reversionary pensions.
Lets hope the Greens get more publicity in hightlighting this huge area on inequality that is only going to grow in importance as more people are now in compulsory super.
We notice there is no mention of the substantial payout already recieved by this person from another superannuation fund. You are so right, there is so much more to this story.
Rest in Peace Paul.
Could the Star Observer put together a list of gay friendly superanuation providers please ?
The thing is a number of superanuation providers previously before the law changed discriminated against gay couples, the superanuation companies tried to hide the fact that they did not pay out to same-sex couples because they did not want the hetrosexual majority to know this because it looks bad of there part. I mean if you were a hetrosexual married couple and you found out that your provider did not pay out to your gay friends who are in a relationship would you be happy with that superanuation provider, even though it did not affect you.
As a close friend of the deceased, When reading this please remember there is a lot more to this story. May our friend rest in peace.
If this guy left his super in his will to the other guy there should not be a problem. The fact that they were, or were not, in a relationship is irrelevent.
Is there more to this story?
After reading this, and realising both mine and my partners super sat with Mercer, I have reviewed our documents and called.
As we took binding nominations on our super, which mean that the Trustee must abide by our nomination, this also covers the death cover. We had to ask for these, they were not just “offered” – but if you ask you can get it.
So its about asking for the right information up front.
I do hope Peter gets his sorted soon ….