Super equality backdated

Super equality backdated

The Coalition gained support from the minor parties to backdate the same-sex superannuation equality bill to the beginning of the current financial year.

The move was one of a small number of minor disagreements between the Government and the Opposition in a debate that showed how far parliament has come in attitudes to same-sex discrimination

But time is running out for politicians to pass the remaining equality reforms in 2008 with just two sitting weeks left this year.

It is of vital importance that Parliament passes these Bills before the end of the year. Every day that this legislation is delayed, lesbians and gay men all across Australia continue to be discriminated against financially and have their rights ignored simply because of their sexuality, Gay and Lesbian Rights Lobby spokesman Peter Johnson said.

The move to backdate the reforms was welcomed by the Lobby, who urged the Government to support it when the amendment goes to the House of Representatives next week.

When this legislation passes, the Attorney-General [Robert McClelland], along with all those who have pushed for and supported these reforms, will be responsible for a new age of equality for lesbians and gay men in Australia, Johnson said.

The Greens also praised McClelland for the historic undertaking of human rights reform, even though they didn’t get their wishlist of private superannuation funds, same-sex marriages and overseas registered relationships included.

Continuing the spirit of magnanimity, the Government’s two lesbian senators, Louise Pratt and Penny Wong, praised the Human Rights Commission for its inquiry and report into same-sex discrimination that preceded the new climate of equality.

Liberal senator George Brandis praised members from his own party’s more conservative faction, including Guy Barnett, Kevin Andrews and Scott Morrison, for coming on board during party room discussions despite being ideologically opposed to recognition of same-sex couples.

There is no point in introducing law reform designed to heal wounds and to bind society together if you do it in a divisive way. That means that you have to bring people with you, Senator Brandis told Parliament.

It has been a great achievement for the Liberal and National parties to have achieved consensus and unity on this issue in which the more liberal and the more conservative elements of those parties have been able to accommodate one another’s agendas, concerns, aspirations and scepticism and nevertheless reach a position where the opposition will unitedly be able to support these measures in their amended form.

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10 responses to “Super equality backdated”

  1. In my lifetime being homosexual has gone from being illegal to almost being compulsory.
    Having to advise Veteran affairs,Centrelink,Taxation department,Superannuation Funds and whoever else wants to know that you are homosexual is like sticking a Pink Triangle on us.
    Forget this sugar coated trendy phrase “same sex” we will be great big homosexuals.
    Not everybody my age wanted to shout it from the roof tops.
    Younger gays have years to get their finances in order under the new rules.It is the ones on pensions now who will be thrown into financial hardship virtually overnight.

  2. Something I hadn’t thought about before: ‘coming out’ to Centrelink or Veterans’ Affairs or whoever, means your sexuality will be on file if you need to go into an aged-care facility.

    The idea of being in a mainly heterosexual environment is bad enough but can you imagine the hell it will be if some of the staff/patients are homophobic. Horror is a word that comes to mind if you are infirm enough that you are unable to let your partner/family know about what is going on.

  3. I agree with Jo. Yet again people on 4 and 5 star incomes are making decisions for people like me on 1 star incomes.
    I am going on 70 and have been on a pension since 1995. My partner, more than 15 years younger than me, works a four day week for about $40,000 p a gross. I have just used Centrelink’s on line estimator to ascertain what I can expect my pension to be from 1 July next year. The answer: $215 a fortnight! Yes, that’s right folks: $107.50 a week.
    Hey, ‘community leaders’, try it for a week and get back to me.

  4. Oliver…when my same sex partner who I had lived with for 17 glorious years died suddenly from cancer a few years ago he had me listed as his beneficiary . His employer’s super fund refused to follow his direction and passed over me. His employer was the Commonwealth Bank.

    Once again Oliver you do not know what you are talking about.

    You may choose to nominate your cat or same sex partner-
    super funds are under no obligation to follow your direction if they choose not too as they did in my sorrowful and unjust situation.

  5. Did you know that you can choose who you want as a beneficiary of your Super in case the worst happens. You can even leave it to your pet.

    Editor’s Note: Oliver, this may be true, but private superannuation companies are able to dispute who you nominate as your beneficiary, particualrly if it is not a spouse or a family member. Hence the reason for activists seeking changes to private superannuation schemes. Hence, if you leave it to your pet … or your same sex partner .. it can be legally challenged.

  6. We need to get this right, and simple to understand. In the old days Super was elitist, but now Super is compulsory for every Australian worker & in time will replace the govt pension entirely. The way of the future is what is called Superannuation Reversionary Pensions, but unless we are automatically recognized in them then gay couples could find themselves severly short changed in a myriad of various post-retirement scenarios, across all walks of life. Until the super funds are COMPELLED by law to treat us as equal, then they can pocket our money & not pay reversionary pension for life to surviving same sex partners. It’s a big problem ready to intensify as more workers from the new ‘compulsory super’ era start to retire.

  7. Hi David,

    The legislation regulating private superannuation funds will also be changed, so that private super funds can recognise same-sex couples and children equally.

    What you may be alluding to is the issue of enabling versus mandatory clauses in the legislation. That is, whilst private super funds are now enabled to recognise same-sex partners, they are not forced to (indeed, they never have been forced to recognise anyone in particular).

    Whether this will actually be a big problem is yet to be seen. For starters, many superannuation deeds simply incorporate the definitions in the superannuation legislation directly. In other words, same-sex partners and children will automatically be equally recognised as soon as the legislation is passed. Other private super trust deeds will need to be separately changed by these super funds to ensure same-sex partners and children will be recognised. Nothing prevents these super funds from doing so.

    The best advice for same-sex couples and their families is to vote with their feet.

    1. If you are in a private super fund, ask your fund whether they will be incorporating the changes from the same-sex reforms either automatically or via further amendment.

    2. If not, exercise your “superannuation choice” and move to a different fund that will. Make sure you update your employer about this change.Tell your old fund WHY you are moving to help keep the pressure on them to remove discrimination.

  8. Super will not be equal… from what I understand the changes recognising same sex de-facto couples only apply to government super- yet most people who are in private super will still be completely discriminated against.

  9. Hypocrites, that’s what the Feds are. Too difficult to do anything to protect pensioners.
    They can backdate the superannuation changes, to suit the big end of gay town, with lots of super to protect and all sorts of splitting and saving arrangments, but can they extend the start date for the new Centrelink arrangments, no matter how late the Omnibus Bill passes? No they can’t. It was too difficult, for all sorts of obscure reasons.
    Can they grandfather elderly people from the scrutiny about to befall gay pensioners? No way.
    But they can just so easily agree to backdate benefits for those who have not had to call on their super due to hardship, and have no idea what living below the poverty line means. Sickening.
    A thoroughly divided community, we have an internal split like never before. And the comments about the SSO story of the two old gays that Centrelink were ready to move on prove that.
    People are saying ‘I am a gay pensioner and I have more in common with straight pensioners fighting for their rights than with any GLBT community types who are winners from the new laws. Tax, don’t pay any. Super, don’t have any. Medicare, reached the safety net months ago.
    How did we let this happen and what are we going to do about it NOW.