Superfunds --- Page: 25 : May 2007 Original article by John Berrill
ABIX Summary
The Federal Court of Australia has directed the Superannuation Complaints Tribunal to re-hear a case involving total and permanent disabled (TPD) benefits. The case, which has been referred to as a "landmark" decision in regard to TPD claims, involved a member of the Auspine Staff Superannuation Fund, who had ceased work at the company in 1999 due to alleged work-related stress, and who made a TPD claim that was rejected by the fund's insurer in April 2002 and by its trustee a few months later. The court ruled that the person's disablement should be assessed as at the time of making the decision, rather than when he had ceased work or when the six-month qualifying period ceased.
