The amendment allowing the ability to commute a market linked pension as part of the 2016 Budget changes has been an unexpected surprise for self-managed superannuation fund (SMSF) members, a law firm believes.
Pointing to the Treasury Laws Amendment (Fair and Sustainable Superannuation) Regulations 2017 amendments, Cooper Grace Ward said when advising clients on handling SMSFs, some of the changes were expected but others were not.
The firm’s partner, Scott Hay-Bartlem said the amendment that allowed a market linked pension to be partly commuted to remove an excess transfer balance, but only to the extent of the actual or expected excess provided opportunities to commute an otherwise non-commutable income stream.
“…if someone has both market linked and account based pensions and together they result in an excess transfer balance, under this proposed change the market linked pension could be commuted back to accumulation phase to remove even an expected excess leaving the account based pension in place,” he said.
“…the ability to commute a market linked pension is an unexpected surprise that will be useful to many people who are otherwise locked into excess transfer balance positions with these old pensions.”
Hay-Bartlem said as the amendments allowed the pension term to allow a commutation the first pension terms must be amended to allow for the commutation.
He said this could provide issues depending on the wording of the trust deed and pension terms.
