Since 1992 my employer superannuation was in a Defined Benefits Fund. In 2002 I was asked if I would Defined Benefits Fund after receiving independant advice. In 2006 I was successful in receiving a new position within the same organisation. My LOO stated that as part of my new package my Employer Contributions would increase to 14%. Ihave since become aware that having accepting the new position I have lost the right to remain in the Befined Benefits Fund. I have documentation from 2002 accepting my instructions to remain in the Defined Benefit Fund, when challenged in 2010 (when I was first advised - verbally) I was advised via e-mail "that whilst the superannuation clause in your offer letterwas correct, in hindsight it could have provided a little more detail around this transition" I believe my employer has acted without my clear consent with regards XXXXX XXXXX superannuation choices. Do you consider I may have a claim against my past employer (I resigned in 2011 after 23years employment due to a Work Health claim) with regards XXXXX XXXXX change.RegardsJohn
State/Territory: Northern Territory
Due to health issues I have only made contact with my employer HR manager.
Good evening,Are you saying that your agreement to the new position clearly indicates that you will be receiving payment into a defined benefit fund?I assume in 2002 you are asked if you're prepared to change from a defined benefit fund to an accumulation fund is that correct?
The agreement states " you continue to be a member of the super plan however under your new conditions you are now entitled to 14% superannuation". It does not state either Defined or Accumulation, nor does it state that accepting the agreement would require a change to the Accumulation fund.
Yes correct in 2002 I was asked if I was prepared to change.
From 1992 to 2006 my employer was paying contributions into the Defined Benefits Scheme.
Good Afternoon, From 2006 until 2011 when you resigned head you received statements from your superannuation fund?Can you explain if you were receiving statements why nothing was done during this time?Do you know when the defined benefit scheme was due to end and what the difference between your current Superfund total is and the defined benefit scheme total is?
Yes I was receiving statements from the fund however as I had not requested any changes to my super other than my investment options the review would only be brief. In addition during the period 2000 to 2010 my employer had changed providers on at least 3 occassions thereby the format in which statements were delivered was at times confusing. It was not until making enquiries during 2010 and then going back over old statements that I discovered a change had occurred.
As for a due date for the defined benefit scheme, the cover was for the term of employment , i.e until I left the business or until I retired which would have been 2023 at age 65. As for the difference between the two funds, yes there were several differences and as mentioned after receiving advise in 2002 I was urged to remain in the defined benefits scheme. The most significant of which were an early retirement benefit and a final payout which would be calculated as a percentage of my average salary over a period of five years. There were significant benefits in remaining in the scheme. I have still to today work colleagues with the same employer who are receiving 14% contributions as part of their package however their super has not been changed . They also remained in the defined benefits scheme.
I trust this is of assistance
Good afternoon,If you were still in the defined benefit fund would your resignation have allowed you to gain access to the files or would you have to wait till 2023?Since resigning have any money is being paid into your super fund?You say your resignation was forced because of your employer? What did you do about his resignation or have you done nothing at all?
If I were in the defined benefit scheme at the time of my resignation the benefits as I understand would have been paid into my nominated fund.
On resigning I have had a sum paided into my nominated fund.
During 2010 I was suffering fron severe work related depression which concluded with me lodging a workers comp claim. My claim was sucessful and a Hopkins Agreement was set in place. As part of this aggreement it was necessary for me to resign from the business.
Good EveningI beleive that there has been a breach of contract by your employer. This is based on the information you have given me. If I was acting for you I would request copies of everything that you have including conformation that they will not change the fund and also the contract. You are running out of time though because the change took place back in 2006. The law says that from the date that you would have been able to discover the change your time to sue commences. Any action would be for breach of contract as it clearly says they continue to pay you into the fund and pay you 14%. You need to take all the document you have to a Solciitor that practices in contract law and get more detailed advise. My biggest concern is the delay and a possible allegation by them that your silence is equal to acceptance of the change. This would impact on your claim. You need to get a referral to a Solicitor that practices in Contract Law and you can get this from the law society of NT. Their website is as follows:http://lawsocietynt.asn.au/I hope this is of assistance. If you have any further queries please do not hesitate to contact me. Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work. At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid. I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience. If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied. I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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