The Federal Government has introduced legislation that aims to remove the discrimination against same-sex couples currently present in Acts governing Commonwealth superannuation schemes.
The Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 was introduced into parliament and was passed, making amendments to Commonwealth legislation so that same-sex couples are no longer denied the payment of death benefits from superannuation schemes or the tax concessions on death benefits currently made available to opposite-sex couples. Under the legislation, all Commonwealth employees will be treated equally in their access to superannuation benefits.
The law amended Acts which govern the following superannuation schemes:
- the Commonwealth Superannuation Scheme;
- the scheme under the Superannuation Act 1922;
- the Defence Force Retirement and Death Benefits Scheme;
- the Defence Forces Retirement Benefits Scheme;
- the Judges' Pensions Scheme;
- the Federal Magistrates Disability and Death Benefits Scheme;
- the Governor-General Pension Scheme; and
- the Parliamentary Contributory Superannuation Scheme.
Delegated legislation will amend other Commonwealth superannuation schemes, such as the Military Superannuation and Benefits Scheme and the Public Sector Superannuation Scheme.
The changes under the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 were implemented in mid-2009.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.