Fayez Ali-Ahmed v SAS Trustee Corporation [2006] NSWIRComm 106

Industrial Court of New South Wales

CITATION: Fayez Ali-Ahmed v SAS Trustee Corporation [2006] NSWIRComm 106

APPELLANT: Mr Fayez Ali-Ahmed PARTIES: RESPONDENT: SAS Trustee Corporation

FILE NUMBER(S): IRC 4642 of 2005

CORAM: Staunton J

CATCHWORDS: Superannuation appeal - refusal by respondent to transfer appellant's superannuation to another fund - appellant had applied and received early release of superannuation benefits on compassionate grounds - respondent instituted a debt account in relation to appellant's superannuation - interest charged on early release debt - ongoing interest charges to accumulate year to year - interest charged prompted appellant's application to transfer superannuation to another fund - respondent refused appellant's application on basis that relevant legislation did not permit it to do so - relevant legislative provisions considered - differences between defined benefit fund and accumulation fund considered - transfer of appellant's superannuation from defined benefit to accumulated unable to be effected - appeal dismissed - while beyond ambit of appeal, early release debt made up of appellant's own personal contributions as well as employer obligated superannuation guarantee entitlements - respondent should re-examine appellant's superannuation account as to interest charged against early release debt to consider further determination of that issue.

State Authorities Non-Contributory Superannuation Act 1987 State Authorities Superannuation Act 1987 LEGISLATION CITED: State Authorities Superannuation Regulation 2000 State Authorities Superannuation Regulation 2005 Superannuation Administration Act 1996 Superannuation Guarantee (Administration) Act 1992 (Cth)