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Department of Premier and Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2020-14
Status:
Active

C2020-14 Superannuation Retrenchment Benefits

Description

Employees who accept an offer of voluntary redundancy may be entitled to be paid a superannuation benefit as a result of the termination of their employment.

Function and Subject

Industrial Relations (1)
Conditions of Employment

Detailed Outline

Employees who accept an offer of voluntary redundancy may be entitled to be paid a superannuation benefit as a result of the termination of their employment.

Some superannuation schemes provide specific redundancy (retrenchment) benefits to eligible members. Employees will only be entitled to be paid a superannuation retrenchment benefit if the reason stated by their employer for their termination of employment comes within the meaning of retrenchment in the schemes' rules.

A Judgment handed down in the NSW Supreme Court, for example, found that a former employee who accepted voluntary redundancy was not entitled to a retrenchment benefit from the State Superannuation Scheme because the reason stated by the employer for his termination of employment was not consistent with any of the grounds defined for retrenchment in the Superannuation Act 1916.

From 1 July 2019 Industrial Relations became the responsibility of the Department of Premier and Cabinet. This Circular replaces TC15-14. The content remains unchanged.

Overview

Who needs to know and/or comply with this?

Departments
Separate agencies
Executive agencies related to Departments
Statutory Authorities/Bodies

AR Details

Date Issued
Apr 15, 2020
Review Date
Jun 26, 2020
Replaces
Replaced By

Contacts

Contact
psir@industrialrelations.nsw.gov.au
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet