Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 364

Common confusions with death benefit pensions

There are a number of issues regarding the payment of death benefits that are widely misunderstood. In this article, we review the types of accounts that can pay a death benefit as a pension, minimum pensions, rolling over death benefit pensions and tax treatment.

Death benefit pensions

A common misconception is that a death benefit can only be paid as a pension if the deceased was in pension phase. However, provided that the super fund rules allow, a death benefit may be paid as a lump sum, one or more pensions or a combination of both a lump sum and pension benefits. This ability applies regardless of whether the death benefit is being paid from an accumulation account, a non-reversionary pension or a reversionary pension.

Death benefits can only be paid as a pension to a death benefit dependant, including a spouse, a financial dependant, someone in an interdependency relationship or a child of the deceased. However, where the beneficiary is a child of the deceased, a pension may only be paid if the child:

  • is under age 18
  • is age 18 to 25 and financially dependent on the deceased
  • has a significant disability.

A child death benefit must be commuted by the time the child turns 25 unless the child is disabled.

Minimum pensions

If the deceased was in pension phase, the treatment of minimum pension payments varies depending on whether the pension was reversionary or non-reversionary.

If the deceased had a reversionary pension, then the minimum annual payment based on the deceased’s age must be paid during the year. At the next 1 July, the minimum payments will be recalculated based on the recipient’s age.

If the deceased had a non-reversionary pension, then there is no requirement to pay the minimum annual payment.

Rolling over

From 1 July 2017, a death benefit pension can be rolled over to another fund at any time. A death benefit pension always retains its identity as a death benefit. This is valuable because it means lump sum commutations from a death benefit pension are PAYG tax-free. However, death benefit pensions cannot be intermingled with other pensions and cannot be rolled back to accumulation phase.

The ability to rollover can be a valuable option in an SMSF where the surviving spouse may not wish to continue managing the SMSF on their own.

Taxation

All death benefit pensions are retirement phase pensions which means that the investment returns are not taxed.

The PAYG tax treatment of pension payments depends upon the age of the deceased and/or death benefit pension recipient and the tax components of the pension as outlined in the table below:

The taxable component – untaxed element will generally only arise from a constitutionally protected fund that is taxed differently to most funds.

Lump sum payments

Any lump sum commutations from death benefit pensions are PAYG tax free. Where both spouses are under 60, there may be advantages of taking the required minimum pension payment and using tax-free lump sum commutations to fund any additional lifestyle needs.

Case study

Brenda dies on her 50th birthday and has a benefit of $1,000,000 of which $10,000 is tax-free component.

If Brenda’s husband Barry who is also 50 were to take the death benefit as a pension and draw the minimum annual pension for 2020/21 of $20,000 (temporary minimum of 2%) his tax components would be as follows:

 

If this was Barry’s only income in 2020/21, he would not pay any tax on his pension income.

If, however, Barry needed $60,000 to live on he could take the additional $40,000 as a lump sum commutation PAYG tax free.

If he took the additional $40,000 as pension payments and this was his only income for 2020/21, he would pay tax (including Medicare levy) of approximately $1,941.

Assuming the death benefit pension was also $1,000,000 at 30 June 2021, if Barry was to draw the minimum annual pension for 2021/22 of $40,000 his tax components would be as follows:

 

Assuming no changes in personal tax rates, if this was Barry’s only income in 2021/22, he would pay the Medicare levy of $792.

If however Barry needed $60,000 to live on he could take the additional $20,000 as a lump sum commutation PAYG tax free.

If he took the additional $20,000 as pension payments and this was his only income for 2021/22, he would pay tax (including Medicare levy) of approximately $1,941.

Conclusion

Being aware of common misunderstandings in relation to the payment of death benefit pensions can assist in estate planning matters. Understanding the value of professional advice during difficult times can also greatly assist individuals to understand their choices and the tax consequences that follow.

 

Julie Steed is Senior Technical Services Manager at Australian Executor Trustees. This article is in the nature of general information and does not consider the circumstances of any individual.

 

RELATED ARTICLES

Meg on SMSFs: When the first member of a couple dies

Making death benefit nominations work for you

Court holds SMSF trustees accountable

banner

Most viewed in recent weeks

2024/25 super thresholds – key changes and implications

The ATO has released all the superannuation rates and thresholds that will apply from 1 July 2024. Here's what’s changing and what’s not, and some key considerations and opportunities in the lead up to 30 June and beyond.

Five months on from cancer diagnosis

Life has radically shifted with my brain cancer, and I don’t know if it will ever be the same again. After decades of writing and a dozen years with Firstlinks, I still want to contribute, but exactly how and when I do that is unclear.

Is Australia ready for its population growth over the next decade?

Australia will have 3.7 million more people in a decade's time, though the growth won't be evenly distributed. Over 85s will see the fastest growth, while the number of younger people will barely rise. 

Welcome to Firstlinks Edition 552 with weekend update

Being rich is having a high-paying job and accumulating fancy houses and cars, while being wealthy is owning assets that provide passive income, as well as freedom and flexibility. Knowing the difference can reframe your life.

  • 21 March 2024

Uncomfortable truths: The real cost of living in retirement

How useful are the retirement savings and spending targets put out by various groups such as ASFA? Not very, and it's reducing the ability of ordinary retirees to fully understand their retirement income options.

Why LICs may be close to bottoming

Investor disgust, consolidation, de-listings, price discounts, activist investors entering - it’s what typically happens at business cycle troughs, and it’s happening to LICs now. That may present a potential opportunity.

Latest Updates

Retirement

Uncomfortable truths: The real cost of living in retirement

How useful are the retirement savings and spending targets put out by various groups such as ASFA? Not very, and it's reducing the ability of ordinary retirees to fully understand their retirement income options.

Shares

On the virtue of owning wonderful businesses like CBA

The US market has pummelled Australia's over the past 16 years and for good reason: it has some incredible businesses. Australia does too, but if you want to enjoy US-type returns, you need to know where to look.

Investment strategies

Why bank hybrids are being priced at a premium

As long as the banks have no desire to pay up for term deposit funding - which looks likely for a while yet - investors will continue to pay a premium for the higher yielding, but riskier hybrid instrument.

Investment strategies

The Magnificent Seven's dominance poses ever-growing risks

The rise of the Magnificent Seven and their large weighting in US indices has led to debate about concentration risk in markets. Whatever your view, the crowding into these stocks poses several challenges for global investors.

Strategy

Wealth is more than a number

Money can bolster our joy in real ways. However, if we relentlessly chase wealth at the expense of other facets of well-being, history and science both teach us that it will lead to a hollowing out of life.

The copper bull market may have years to run

The copper market is barrelling towards a significant deficit and price surge over the next few decades that investors should not discount when looking at the potential for artificial intelligence and renewable energy.

Property

Global REITs are on sale

Global REITs have been out of favour for some time. While office remains a concern, the rest of the sector is in good shape and offers compelling value, with many REITs trading below underlying asset replacement costs.

Sponsors

Alliances

© 2024 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.