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Superannuation pension drawdown relief announced for 2008-09
 
The Government has announced that it will temporarily suspend the minimum drawdown requirements for account-based annuities and pensions for the second half of 2008-09. Treasurer Wayne Swan and the Minister for Superannuation and Corporate Law, Senator Nick Sherry, said the measure responds to concerns that meeting the minimum drawdown amount in 2008-09 would mean retirees having to sell investments assets and realise losses in a depressed market.
 
Senator Sherry said the suspension of the minimum drawdown requirements will occur through a 50% reduction in the minimum payment amount for 2008-09. He said the temporary relief also addresses concerns that the minimum drawdown requirement was set based on asset values as at 1 July 2008, when equity values were higher.
 
For those people who have already taken half of the current minimum payment for 2008-09, the annual nature of the minimum payment rules means that a further payment will not be required until the end of the 2009-10 year.
 
The temporary suspension of the minimum payment requirement will apply to:
  • account-based annuities and pensions;
  • allocated annuities and pensions (pre-dating the Better Super changes);
  • account-based and allocated pensions payable from RSAs; and
  • market-linked (term allocated) annuities and pensions.

Currently, it is a requirement that minimum payments be made from a superannuation account-based pension at least annually. Minimum payments are determined by age and the value of the account balance as at 1 July at the start of each financial year under Sch 7 of the SIS Regs. The minimum annual payment rule is designed so that retirees draw down on their superannuation capital over their retirement. The Minister said this rule recognises that superannuation is designed as a retirement savings vehicle with substantial tax concessions.

The Treasurer said the Government will continue to closely monitor market conditions and examine options for a longer term solution to this issue following the Australia's Future Tax System Review.

Thomson Reuters comment

Since 1 July 2007, the annual payment rules for account-based pensions and annuities specify minimum annual limits only. No maximum annual payments apply, except for transition to retirement pensions which have a maximum annual payment limit of 10% of the account balance at the start of each financial year. Therefore, the temporary suspension of the minimum drawdown requirements for the second half of 2008-09 is voluntary for pensioners. 
 
The implications from this measure can be summarised as follows:

  • pensioners who have already received at least 50% of the minimum pension payments for 2008-09 - no further pension payments required to be made for 2008-09. The existing minimum pension payments will resume for the 2009-10 financial year whereby the next minimum payments for 2009-10 must be made at least by 30 June 2010;
  • pensioners who have not yet made any pension payments for 2008-09 or drawn down below 50% of the minimum pension payments - pensioner must draw down at least 50% of the minimum pension payments for 2008-09 before 30 June 2009.

However, a pensioner can continue to draw a pension at the full minimum drawdown rate or above for 2008-09 (subject to the 10% limit for transition to retirement pensions). The existing minimum pension payment rules will resume for the 2009-10 financial year.

Amendments to the SIS Regulations and RSA Regulations will be required to give effect to this measure.

[Source: Treasurer and the Minister for Superannuation and Corporate Law, joint media release No 013, 18 February 2009 - ATP SIS Regs 1.05, 1.06, Sch 7; ATH Ch 10] by Stuart Jones

 

 

 

 

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