The Lander & Rogers Superannuation Alert is a brief overview of new developments in the superannuation industry.
|ATO updates to help businesses meet their super guarantee obligations|| |
On 1 August 2017, the ATO updated its website to provide employers and businesses with "tools and calculators to help them understand and meet their super guarantee (SG) obligations".
The ATO outlines a differentiated approach to taking compliance actions depending on whether employers:
|Insurance in Superannuation Working Group||Release of discussion paper on data management|| |
On 28 July 2017, the Insurance in Superannuation Working Group (ISWG) released a discussion paper titled "Data Management" which includes consideration of:
Submissions are sought by 18 August 2017.
|Case law update||Assessment of TPD claim and whether there is a duty to conduct actual labour market analysis||Dotlic v Hannover Life Re of Australasia Limited  NSWSC 986|| |
On 27 July 2017, the New South Wales Supreme Court handed down its decision in relation to a denial of a total and permanent disablement (TPD) benefit by an insurer and trustee of a superannuation fund.
In this case, the plaintiff was injured in a motor vehicle accident in 2009. Following the accident, the plaintiff received workers compensation and statutory benefits. In 2012, the plaintiff made a claim for a TPD benefit of $100,000, which the insurer denied after assessment of the plaintiff's claim based on medical, health and vocational opinions and records.
An argument raised by the plaintiff was that the insurer and trustee had not provided any evidence of actual labour market analysis to assess the likelihood of the plaintiff obtaining any relevant employment.
Pembroke J found as follows:
Pembroke J dismissed the proceedings and ordered costs against the plaintiff.
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