Super provider responsibilities
Super providers must attempt to contact the relevant person and advise them of their entitlement to a super benefit as soon as practical after a member has reached eligibility age.
Identifying unclaimed accounts for members who have reached eligibility age
Under subsection 12(1) of the SUMLMA, an amount payable to a member of a fund (both accumulation and pension) is taken to be unclaimed money if all the following apply:
- the member has reached eligibility age
- the super provider has not received an amount in respect of the member (and, in the case of a defined benefits super scheme, no benefit has accrued in respect of the member) within the last 2 years
- after a 5 year period since the super provider last had contact with the member, the provider has been unable to contact the member again after making reasonable efforts.
Eligibility age
Under section 10(1) SUMLMA, eligibility age means:
- in the case of a man – 65 years old (or another age if prescribed by the regulations)
- in the case of a woman – 60 years old (or another age if prescribed by the regulations).
For the purposes of USM we accept that eligibility age for both men and women is 65 years old under section 4A Eligibility Superannuation (Unclaimed Money and Lost Members) Regulations 2019.
Under section 10(2) SUMLMA, when determining whether a member of a fund has reached eligibility age:
- If the super provider does not know the member's gender – the member is taken to be a man
- If the super provider does not know the member’s date of birth – they may determine the member
- attained a particular age on a particular date (if the super provider reasonably believes that to be the case)
- turned 18 years of age on the day they first became a member of the fund
- turned 18 years of age on the day the super provider first received an amount in respect of him or her
- turned 18 years of age at the start of their eligible service period.
Example: member over 65 years old
ABC Fund receives one instance of returned mail for a member. The member has not received any contributions for 2 years.
ABC Fund's system show that the member last logged into their online account 2 years ago. They have now reached 65 years old.
As ABC Fund is concerned the member is at risk of becoming lost, they lodge a request to the ATO using the provision of details (POD) service for information about the member.
ABC Fund assesses the member and determines that they have not met the USM – general provisions. This is because they have had contact with the member within the last 5 years.
As the address returned by the ATO matches that held on ABC Fund's system, the fund believes that the instance of returned mail may suggest that the member can no longer be contacted at that address.
ABC Fund makes reasonable attempts to contact the member using the data returned from the ATO. The fund successfully contacts the member on the telephone number provided and verifies their current address.
The member is not USM – general. The member’s address has been verified in the past 2 years. Although the member has reached 65 years old, all other conditions have not been met.
End of example