Superannuation and unclaimed super

Who can have unclaimed super?

Member aged 65 years or older

An amount payable to a member of a superannuation (super) fund is taken to be unclaimed super if all these criteria are met:

• the member has reached the eligibility age (65 years, or older if so prescribed by the super fund's governing rules)
• the super fund has not received an amount for the member (and in the case of a defined benefit super scheme, no benefit has accrued for the member) in the last two years
• after a period of five years since the super fund last had contact with the member, the super fund has been unable to contact the member again, after making reasonable efforts.

Non-member spouse

Under the family law legislation, if a person has a super interest as a member in a super fund and an agreement or court order requires the person to split their super interest with their non-member spouse, it is referred to as a payment split.

Under the unclaimed super money legislation, an amount payable to a non-member spouse is taken to be unclaimed super if all these criteria apply:

• there is a payment split under the family law legislation
• as a result of the payment split, the non-member spouse (or their legal personal representative if they have died) is entitled to be paid an amount
• after making reasonable efforts and after a reasonable period has passed, the super fund concerned is unable to ensure that the non-member spouse or their legal personal representative will receive the amount.

Deceased member

An amount payable in respect of a member of a super fund is taken to be unclaimed super if all these criteria are met:

• the member has died
• the super fund determines that, under the governing rules of the fund or by operation of law, a benefit (other than a pension or annuity) is immediately payable for the member
• the super fund has not received an amount for the member (and, for a defined benefit super scheme, no benefit has accrued for the member) within the last two years
• after making reasonable efforts and after a reasonable period has passed, the super fund is unable to ensure that the benefit is received by the person who is entitled to receive the benefit.

Former temporary residents

An amount payable to a former temporary resident is taken to be unclaimed super if all these criteria are met:

• the member held a temporary visa that has ceased to be in effect and the member left Australia after starting to hold the visa
• at least six months has passed since whichever is the later of
• the visa ceased to be in effect
• the member left Australia
• the member is not currently the holder of a temporary visa, a permanent visa or a prescribed visa
• the super fund was notified by us to transfer the unclaimed super amount of the former temporary resident identified in a section 20C notice
• the member is neither an Australian nor a New Zealand citizen and has not made a valid application for a permanent visa.

From 27 March 2009, the Commissioner will treat a super guarantee shortfall for a former temporary resident as if it has been paid to the Commissioner as unclaimed super by a super fund.

For more information, see Superannuation information for temporary residents departing Australia - Can temporary residents who leave Australia access their super?