Removing ‘age discrimination’ from super a positive step
The raft of superannuation regulations recently passed by the government will help remove age discrimination from the super system and improve super balances for those with changing work patterns, said a policy expert.
Recently, the government passed a range of different superannuation measures through its Enhancing Superannuation Outcomes Bill and also made regulations to repeal the work test for those wanting to make non-deductible contributions between the ages of 67 and 75.
The new legislation also includes a reduction in the downsizer contribution eligibility age and the removal of the $450 income threshold for superannuation guarantee. Each of the measures come into effect from 1 July 2022.
SMSF Association policy manager Tracey Scotchbrook said the passage of this bill and the regulations would help remove age discrimination from the superannuation system.
Measures in this bill will also play an important role in improving superannuation balances and retirement income for women, she said.
Ms Scotchbrook noted that women have already benefited from downsizer contributions, with 55 per cent of downsizer contributions for the 2019 income year being made by women.
“The removal of the work test will also allow women the opportunity to top up superannuation balances in retirement if they receive an inheritance, sell property or investments,” she stated.
The gender retirement gap, she said, continues to be an ongoing problem for the superannuation system, with research by the Melbourne Institute showing that, on average, Australian men enter retirement with $476,744 while women had just $289,277.
MARIA analysis undertaken by Treasury in 2019 found that while future superannuation balances at retirement will continue to increase for both genders, women’s balances will continue to lag and remain behind men’s balances until post-2060, stated Ms Scotchbrook.
“In most families, women are still the primary carers of children, which means they spend more time out of the workforce than men, and often return to work part-time. There are also larger systemic issues such as the gender pay gap, rise of the gig economy and design of the superannuation system which means it is not as effective for part-time or low-income earners,” she explained.
“Typically, the compounding effect of long-term savings, like superannuation, sees underlying differences between gender pay, participation rates and other factors make the retirement gap larger.”
Given superannuation is based on a percentage of income earned, it is difficult for many women to contribute similar amounts to men over their full working lifetime.
Ms Scotchbook noted, however, that there is also a change in working patterns for men who step into a caregiver role while their spouse returns to full-time work.
“This cohort will be similarly impacted in the long terms as discussed above,” she said.
Taking these factors into account, the SMSF Association believes superannuation should be viewed in the framework as a “couple” where it is appropriate to do so, Ms Scotchbrook explained.
“Couples make considered mutual decisions in which one partner usually makes sacrifices to support another. This means there should be effective mechanisms to facilitate this approach,” she said.
In its pre-budget submission, the SMSF Association has proposed a spousal superannuation benefit rollover.
“This would allow an individual with a higher superannuation balance to rollover a portion of their superannuation balance to their spouse to help equalise balances,” said Ms Scotchbrook.
“The spousal rollover could be targeted to be used by appropriate cohorts using age limits and limits on amounts. For example, it could be limited to a once-off maximum rollover amount, and to individuals under the age of 75.
“This measure would provide an effective and efficient way to improve the superannuation retirement gap between spouses and would particularly benefit women.”

Miranda Brownlee
Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.
Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.
- “This would allow an individual with a higher superannuation balance to rollover a portion of their superannuation balance to their spouse to help equalise balances,” said Ms Scotchbrook.
Question: Bob has $300k in Super and wife Mary has $200k. If Bob does a spousal rollover to equalise balances at $250k each, as a couple don't they STILL have $500k in Super? What has actually been achieved?0- What an ignorant comment to post on International Women's Day0
- It would help the woman's self confidence and security.
Also look in the long term, Bob has $600K in super, Mary has $300K. Bill rolls part of his balance to be below $500K, sells a personal CG asset for a gain and they both can use the concessional catchup to reduce personal tax.
Or Bob has reached his TBC, but has a balance in accumulation. He can roll his accumulation to Mary, then start a pension,0- Both good suggestions; but my point is the spousal rollover on it's own does nothing to increase the family savings pie. All you are doing is shuffling the deck for no apparent benefit.0
- Totally agree. Don't forget that there are spouse contributions and contributions splitting that can be used to equalise balances. But at the end of the day the total family assets are the same and super can be split in a divorce the same as other assets.0
- Maybe not directly, but indirectly it does, and I think Jenny's comments are very valid around self confidence and security. Particularly these days with lots of split families as well many people re-marry/partner but they may not necessarily get much of the wealth of the new spouse, it may be passed down to children in wills etc. Similarly, we often see peoples super dramatically decreased as a result of super splits on separation, and often later in life with little ability to recover it.
It could allow one or both members to contribute extra into super and benefit from tax savings there (although I think this favours those with large savings and disposable incomes more). It also may allow couples to access funds in retirement sooner in that they may be able to rollover to the older spouse and then commence an account based pension with a larger balance. Not to mention the potential tax savings from having a large balance having tax free earnings.
0 - But it is good to make femos feel good. The benefit is in denigrating the man who earns it and supports his wife.0
- My wife has great confidence in me as her lawful sovereign and that confidence has not been misplaced. She will not be eating dog food.0
- The spousal rollover would remedy an embedded inequity in the super system. Not holding my breath on this one though.0