Fischer v Public Service Superannuation Board [1996] FCA 1176

IN THE FEDERAL COURT OF AUSTRALIA JUDGMENT No. hes wh.

NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 856 of 1996 GENERAL DIVISION )

Between: THOMAS FISCHER Applicant

And: PUBLIC SERVICE SUPERANNUATION

BOARD Respondent REASONS _ FOR JUDGMENT EINFELD J SYDNEY 5 DECEMBER 1996

Thomas Fischer of Bellevue Hill appeals to this Court from a decision of the Superannuation Complaints Tribunal (the Tribunal) given on 22 October 1996 in Melbourne, refusing his application to have paid to him the balance of superannuation benefits payable under and in accordance with the Superannuation Act 1990. Mr Fischer was born on 21 November 1946 and joined the public sector superannuation scheme (the scheme) on 8 February 1993 when he was employed in the public service. He resigned on 15 June 1994 at the age of 47 and shortly thereafter applied for a refund of his contributions to the scheme as well as to any other

benefits that he might be entitled to in that connection.

His own contributions were paid to him in due course and he was advised that a second component of his benefit, generally called the productivity component, could only be released, amongst other reasons, on the grounds of severe financial hardship, if the

Insurance and Superannuation Commission gave its approval.

_ 2 - Because Mr Fischer was short of money on which to live and keep his children, this approval was given in July 1994 and Mr Fischer was subsequently paid the productivity component of his superannuation as well. By letter dated 21 November 1994, he thereafter sought payment of the employer's contributions, or what is described as the preserved benefit, on the grounds of his extreme hardship. This payment was not made as the trustees of the scheme considered that this component of his benefit was only entitled to be paid early in a small selection of restricted