ࡱ> 354` $bjbjss .$$(((((((x & $hz*( ((  ( (  (( 쇻 [^0&(m8 "    & D` D` <$`(((((( Submission to HREOC Same-Sex Inquiry Thank you for the opportunity to make a submissionabout the ongoing legal discrimination faced bysame-sex couples across Australia. The area that most impacts myself and my partner at this stage of our lives issuperannuation. Weboth work for the Australian Government and contribute respectively to the CSS and PSS superannuation schemes. There is obvious discrimination when it comes to death benefits where it is explicitly stated by both schemes that the definition of spouse for superannuation purposeswithin the public sector schemes means a partnerof the opposite sexie it includes only heterosexualpartners. Therefore death benefits payable from theCommonwealth defined benefits superannuationschemes are payable only to a membersopposite-sex spouse, either de facto or married. There are further more subtle implications of this discrimination when one delves down into the detail of both schemes.My experience in recently re-joining the public sector serves to illustrate this. I had previously worked for the government for 7 years from 1977 -1984 and had a preserved benefit in the CSS scheme. On returning to permanent public sector employment in 2005 I was given the choice of remaining in the CSS or transferring over to the PSS. To assist in the decision I was provided by Comsuper with a "Transfer Choice Information Statement" which set out comparative financial benefits that would be provided under both schemes. In the majority of possible situations (eg age retirement, invalidity etc) it was more financially beneficial for me to stay in the CSS. However when it came to death benefits, under the CSS, my estate would be paid $29,502 (ie the sum total of my contributions plus interest), whereas under PSS $272,316 would be payable to my estate. In other words nearly 10 times the amount of death benefit! If my partner was recognised as a legitimate dependent, then CSS would pay the lump sum ($29502) PLUS a lifetime CPI indexed pension to my partner of $22,296 pa. Similarly PSS would pay a recognised partner a lifetime indexed pension. This situation caused me extreme anxiety in terms of choosing whether to stay in CSS or transfer to PSS. Either choice would have a financial impact on myself and my partner. Essentially I could choose CSS which would provide better financial security to both of us in retirement as long as I stayed alive; or I could choose PSS which would provide less financial assistance to us while I was alive but provide significantly better financial assistance to my partner if I was to pre-decease her. Discrimination re all types of superannuation also exits in relation to other legislation - in particular taxation. Some examples I am aware of include super spouse contributions and super splitting arrangements, both of which are denied us because we are in a same sex relationship. Our particular situation again highlights this. My partner has a much higher income than myself and as such it would make financial sense for us to sacrifice some of her salary into my superannuation - especially over the next 5-10 years as we near retirement age. This would have significant financial benefits for us (as it does for all those in recognised relationships) however it is not legally allowed in our case, so once again we are financially discriminated against. The other point I would like to raise is that the australian government and Comsuper do not make any effort to advise their compulsory members of PSS and CSS of this blatant discrimination against same-sex couples. They hide behind the term 'eligible spouse' and in all Comsuper seminars that I have attended they never willingly reveal the fact that this excludes those in same sex relationships. I suspect the great majority of Comsuper members are not even aware of this discrimination. I only became of it aware myself when discussing superannuation options with a (thankfully)knowledgeable external financial advisor. Until then I assumed that 'eligible spouse' would include bono fide same sex relationships (as it does for things that come under ACT jurisdiction - eg house ownership etc). I was totally shocked to read the words printed in Comsuper publications that stated in black and white that an eligible spouse was "A person (not of the same sex)". Further the australian government and Comsuper have made no attempt to inform members that this HREOC Inquiry was on. I only became aware of it yesterday - one day prior to the closing date for submissions, so can only wonder how many others there are who currently work for the australian government that are unaware but who if made aware would have added their stories of how discrimination has affected them. There isno logical reason why a person in a same-sex relationshipshould not receive the same entitlements after thedeath of a partner as someone in a heterosexual relationship.Ibelieve that same-sex couples and others in interdependentrelationships should have the same access tobenefits as do people in heterosexual relationships. Yours sincerely Julie Murphy [Details removed] $Y  J L JL;=57!#$ h{eh} h{e0J h{ehgh{ehg0J%&  K L KL<=67"#$gdg$,1h. 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