Boeing Superannuation Pty Ltd v Glanville [2004] FCA 623

Boeing Superannuation Pty Ltd v Glanville [2004] FCA 623

The Tribunal erred in law in construing r 7.4. Although the actuarial surplus was part of the Plan property, a member's "equitable share of the Plan if the Member remained in the Service" in a continuing defined benefits plan was to be assessed by reference to the member's potential future defined benefit had the member remained in service, discounted for early receipt, not by allocating a share of surplus. Remaining members would not receive a share of surplus when receiving their defined benefits, and including surplus for departing members would discriminate in their favour. The Tribunal also lacked power to join Aon as the Actuary, so directions to the Actuary were beyond power,...

Jurisdiction
Australia
Judgment Date
19 May 2004
Procedural Posture
Appeals Under S 46 of the Superannuation (resolution of Complaints) Act 1993 (cth) From Determinations of the Superannuation Complaints Tribunal / Judgment on Appeals
Outcome
Appeals allowed; Tribunal determinations set aside; matters remitted with a direction to affirm the Trustee's decisions; no order as to costs.
Legal Topics
['defined Benefits Superannuation Fund' 'equitable Share of the Plan' 'actuarial Surplus' 'reorganisation Benefit' 'superannuation Complaints Tribunal Powers' 'joinder of Actuary' 'review of Trustee Decision']
['superannuation Law' 'administrative Law' 'trusts'] ['defined Benefits Superannuation Fund' 'equitable Share of the Plan' 'actuarial Surplus' 'reorganisation Benefit' 'superannuation Complaints Tribunal Powers' 'joinder of Actuary' 'review of Trustee Decision']

Case Brief

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Procedural Posture

Appeals Under S 46 of the Superannuation (resolution of Complaints) Act 1993 (cth) From Determinations of the Superannuation Complaints Tribunal / Judgment on Appeals

Legal Issues

  1. 1 ['Whether an actuarial surplus in a continuing defined benefits plan had to be included in calculating a departing member\'s "equitable share of the Plan" under r 7.4 of the Trust Deed.' "Whether the Superannuation Complaints Tribunal had power to join Aon Consulting Pty Limited as the Actuary and review or direct the Actuary's calculation." "Whether the Tribunal was obliged to accept the Actuary's calculation, or could review the Trustee's decision based on that calculation." "Whether the Tribunal erred in law in construing r 7.4 and setting aside the Trustee's decisions."]

Ratio Decidendi

The Tribunal erred in law in construing r 7.4. Although the actuarial surplus was part of the Plan property, a member's "equitable share of the Plan if the Member remained in the Service" in a continuing defined benefits plan was to be assessed by reference to the member's potential future defined benefit had the member remained in service, discounted for early receipt, not by allocating a share of surplus. Remaining members would not receive a share of surplus when receiving their defined benefits, and including surplus for departing members would discriminate in their favour. The Tribunal also lacked power to join Aon as the Actuary, so directions to the Actuary were beyond power,...

Court Disposition

Appeals allowed; Tribunal determinations set aside; matters remitted with a direction to affirm the Trustee's decisions; no order as to costs.

Orders

  • ['The determination of the Superannuation Complaints Tribunal in each case be set aside.' 'The matter in each case be remitted to the Superannuation Complaints Tribunal, with a direction that the Superannuation Complaints Tribunal affirm the decision of the Trustee, pursuant to subs 37(3) of the Superannuation...