Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 260

'Rorts and rip-offs’ prevention in super legislation

The ‘Treasury Laws Amendment (Protecting Your Superannuation Savings Package) Bill 2018’ was tabled in Parliament on 21 June 2018, with superannuation measures foreshadowed in the last Federal Budget.

Key provisions of the Bill

1. A cap on fees and no exit fees

The Bill prevents superannuation funds from charging administration and investment fees exceeding 3% per annum on balances of accounts below $6,000. It also prevents exit fees when members close or rollover their superannuation accounts, no matter their balance. This will remove a disincentive to superannuation fund members consolidating and closing unwanted accounts.

2. Life insurance within super only if chosen

Fund trustees can provide life insurance and charge premiums only on an opt-in basis, and only to new members aged under 25 years, members with account balances below $6,000, and members with inactive accounts, unless a member has directed otherwise. Fund members can choose lesser cover or seek other providers, saving their nest egg from unintended diminution.

3. Consolidation

Accounts below $6,000 will be transferred to the Commissioner of Taxation if they have been inactive for a continuous period of 13 months. The Commissioner will be empowered to then proactively pay these amounts, plus those lost accounts already held by the ATO, into the rightful owner's active superannuation account. In conjunction with the ban on exit fees, this will assist consolidation.

A political stab at Labor

The first paragraph of Federal Minister Kelly O’Dwyer’s media release on the new Bill said it was:

“… action to protect the hard-earned superannuation savings of millions of Australians from rorts and rip-offs ... These measures address significant issues associated with the current default insurance arrangements in superannuation, which were also put in place in 2013 by then Minister for Superannuation, Bill Shorten.”

This is a justifiable shot across the political bow, given that Superannuation Legislation Amendment (Choice of fund) Bill 2016 acknowledged that, due to enterprise bargaining agreements:

“Some employees cannot choose the superannuation fund into which their compulsory employer superannuation is paid. This prevents them making key decisions around their retirement savings, can result in the payment of unnecessary fees and insurance premiums, and can reduce competition between superannuation funds.”

In May this year, O’Dwyer opined that “about one-third of accounts were unintended multiple accounts because employers have forced them into a particular fund of their choice or unions have through enterprise agreements”.

Industry reactions

Industry reactions to the legislation is expected to be largely positive, although the loss of accounts will adversely impact some superannuation administrators and life companies.

Reaction to the consolidation measures included Julie Dolan, a principal of SMSF Consulting, who told SMSFAdviser:

“The ATO has already been tightening up on the efficiency of its current process of dealing with inactive accounts in order to transfer them into active accounts more quickly. The ATO are spending quite a lot of money on their data matching process and this latest measure is expected to push an extra $6 billion into super across 3 million active superannuation accounts. So that's a good thing.”

Treasury officials have estimated that there are roughly six million inactive super accounts in Australia belonging to four million members.

On the opt-out measure, AustralianSuper, Australia’s largest super fund, has already stopped signing up new members under 25 into life insurance automatically. According to a Rice Warner, an actuarial consultancy firm:

“At the highest premiums, a blue collar worker could be up to 34% worse off upon retirement age, or around $600,000 short compared to a blue collar worker without insurance in their super.”

Canstar, a financial comparison website, also reported that:

“There’s been an average premium rise of 215% for death and TPD cover and 82% for income protection over the last four years means the impact of insurance on a super balance is greater than ever.”

A person below 25 with no dependents and a low salary may not benefit from such a high dilution, or at least would benefit from greater tailoring of their life insurance needs. However, the industry should ensure the changes do not lead to under-insurance for people who need it.

 

Vinay Kolhatkar is an Assistant Editor of Cuffelinks.

 

RELATED ARTICLES

What happens to your super when you die?

Are you paying tax by not starting a super pension?

Is a Division 293 tax notice coming your way?

banner

Most viewed in recent weeks

Are LICs licked?

LICs are continuing to struggle with large discounts and frustrated investors are wondering whether it’s worth holding onto them. This explains why the next 6-12 months will be make or break for many LICs.

Retirement income expectations hit new highs

Younger Australians think they’ll need $100k a year in retirement - nearly double what current retirees spend. Expectations are rising fast, but are they realistic or just another case of lifestyle inflation?

Welcome to Firstlinks Edition 627 with weekend update

This week, I got the news that my mother has dementia. It came shortly after my father received the same diagnosis. This is a meditation on getting old and my regrets in not getting my parents’ affairs in order sooner.

  • 4 September 2025

5 charts every retiree must see…

Retirement can be daunting for Australians facing financial uncertainty. Understand your goals, longevity challenges, inflation impacts, market risks, and components of retirement income with these crucial charts.

Why super returns may be heading lower

Five mega trends point to risks of a more inflation prone and lower growth environment. This, along with rich market valuations, should constrain medium term superannuation returns to around 5% per annum.

The hidden property empire of Australia’s politicians

With rising home prices and falling affordability, political leaders preach reform. But asset disclosures show many are heavily invested in property - raising doubts about whose interests housing policy really protects.

Latest Updates

Investment strategies

Why I dislike dividend stocks

If you need income then buying dividend stocks makes perfect sense. But if you don’t then it makes little sense because it’s likely to limit building real wealth. Here’s what you should do instead.

Superannuation

Meg on SMSFs: Indexation of Division 296 tax isn't enough

Labor is reviewing the $3 million super tax's most contentious aspects: lack of indexation and the tax on unrealised gains. Those fighting for change shouldn’t just settle for indexation of the threshold.

Shares

Will ASX dividends rise over the next 12 months?

Market forecasts for ASX dividend yields are at a 30-year low amid fears about the economy and the capacity for banks and resource companies to pay higher dividends. This pessimism seems overdone.

Shares

Expensive market valuations may make sense

World share markets seem toppy at first glance, though digging deeper reveals important nuances. While the top 2% of stocks are pricey, they're also growing faster, and the remaining 98% are inexpensive versus history.

Fixed interest

The end of the strong US dollar cycle

The US dollar’s overvaluation, weaker fundamentals, and crowded positioning point to further downside. Diversifying into non-US equities and emerging market debt may offer opportunities for global investors.

Investment strategies

Today’s case for floating rate notes

Market volatility and uncertainty in 2025 prompt the need for a diversified portfolio. Floating Rate Notes offer stability, income, and protection against interest rate risks, making them a valuable investment option.

Strategy

Breaking down recent footy finals by the numbers

In a first, 2025 saw AFL and NRL minor premiers both go out in straight sets. AFL data suggests the pre-finals bye is weakening the stranglehold of top-4 sides more than ever before.

Sponsors

Alliances

© 2025 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.