SCT affirms bulk of trustee decisions

The Superannuation Complaints Tribunal (SCT) affirmed over 85 per cent of trustee decisions for the March quarter, according to its latest quarterly bulletin.

It said 88.6 per cent of trustee decisions had been affirmed, increasing from 75.8 per cent last quarter.

However, SCT chair Jocelyn Furlan reminded trustees of the importance of correct claim-staking.

"Incorrect claim-staking could result in the tribunal having jurisdiction to hear a complaint after the benefit has been paid, which could leave a trustee liable for additional payments," she said.

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Furlan said it was important that written notification included clear information, identified beneficiaries and the status of the person and contained clear information about an objection period.

Registered mail had provided a safeguard for some trustees in the case of death benefits, Furlan noted.

She said trustees were not required to inform potential beneficiaries of complaints in cases where insufficient information had been provided and the SCT contacted the trustee via a courtesy letter.

"Some trustees are informing potential beneficiaries (other than the complainant) of the complaint to the tribunal following the tribunal's courtesy letter," she said. However the tribunal was bound by secrecy provisions and unable to give further information at that time.

"This only causes frustration and confusion to what might already be an emotional and difficult time for potential beneficiaries," she said, and requested trustees only inform potential beneficiaries on receipt of a s17(1) notice.

Conciliated cases dropped 43.2 per cent from the prior quarter to March at 63, down from 111. Furlan said two departures in the conciliation department, which have since been replaced, affected the March quarter, but conciliations should be back on track next quarter.