Your death and disability benefits (Rio Tinto)
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1 Rio Tinto Staff Superannuation Fund Guide 6 22 June 2012 Your death and disability benefits (Rio Tinto) The information in this document forms part of the Product Disclosure Statement for the Rio Tinto Staff Superannuation Fund Accumulation Division for Rio Tinto Employee and Personal Members issued 22 June 2012 In this guide, you ll find the following information: Important note... 1 About your insurance benefits... 1 Choosing the right level of insurance... 2 Death benefit... 2 Total and permanent disablement (TPD) benefit... 2 Ill-health benefit... 3 Investment earnings applicable to death, TPD and ill-health benefits... 3 restrictions... 3 Cover after you leave your Employer... 4 cover options... 4 Beneficiaries... 5 Important note Please note that insurance cover is only offered to eligible Employee Members of the Accumulation Division. Personal Members do not have access to insurance cover through the Rio Tinto Staff Superannuation Fund. If you are an eligible Employee Member, the Rio Tinto Fund helps provide you with security for you and your family in the event of your death, total and permanent disablement (TPD) or ill-health. About your insurance benefits Where the term insurance is used throughout this guide, the cover provided for death, TPD and ill-health is provided to eligible Employee Members by the Fund on a self-insured basis. As an eligible Employee Member of the Rio Tinto Fund and an employee of a company in the Rio Tinto group, you are entitled to an insured benefit if you die or if the Trustee deems you are totally and permanently disabled or cannot work due to ill-health. You are covered 24 hours a day, 7 days a week, while you re at work, at home or anywhere else. These benefits are designed to provide you and/or your dependants with financial assistance should you cease work for reasons of death, TPD or ill-health. Cover while on Leave Without Pay Your insurance benefits continue while you are on employer approved Leave Without Pay (LWOP), for example while on Maternity leave. During this time your Employer will keep the Fund up to date in relation to your Equivalent Full Time Earnings so that your insured amount will continue to be calculated correctly and that the appropriate premiums (if any) can be deducted from your account.
2 Choosing the right level of insurance The Rio Tinto Fund allows you to choose from three levels of insurance cover for death, TPD and ill-health. The levels of cover are Basic, Medium and Top. cover is compulsory in the Accumulation Division for eligible Employee Members. As a minimum, all eligible Employee Members who are employed by the Rio Tinto group will have Basic cover provided without any deduction from their account for the cost of this cover. You may, however, wish to select Medium or Top cover if you think you require higher insurance cover. If you do, you will need to pay the difference in premium between Basic cover and your chosen higher level of cover from your account in the Fund. If you select Medium or Top insurance cover on joining the Rio Tinto Fund, or you decide to upgrade your level of cover at any time during your membership (regardless of when you joined the Fund) you will be required to complete a Medical Questionnaire. Additional medical information may still be required before assessment of your increased cover can be finalised. If you select Medium or Top insurance cover on joining the Rio Tinto Fund, your insurance will be restricted to Basic cover until such time as all the underwriting procedures have been completed. The cover options section later in this guide illustrates the corresponding insured amounts for the Basic, Medium and Top levels of insurance. The applicable cost of your insurance (for Medium and Top cover only) is deducted from your Account Balance monthly. To allow increased flexibility in tailoring your super to suit your personal needs, the Trustee provides the opportunity to change your level of insurance cover at any time. Currently, there is no cost for changing your insurance option. To do so, simply obtain a copy of a Change of insurance cover form and Medical Questionnaire from the Fund Member Helpline or the Fund website. Death benefit A lump sum death benefit is payable to your dependants or your legal personal representative if you die. The Fund benefit payable is calculated as: Your Account Balance Plus Your insured amount Who receives the death benefit? You may nominate a beneficiary (or beneficiaries) to receive your death benefit. Your nominated beneficiaries must be your dependant and/or a legal personal representative (generally, the executor of your Estate). If you nominate more than one beneficiary, you must specify the proportion of your benefit you wish to be paid to each beneficiary. There are two types of nominations available to you. The first is the standard nomination which is not legally binding on the Fund s Trustee. The second type of nomination is a legally binding nomination, which the Trustee is required to follow. For further information on both types of nominations refer to the Beneficiaries section of this guide. Total and permanent disablement (TPD) benefit The Fund benefit payable in the event of TPD is calculated as: Your Account Balance Plus Your insured amount The insured amount is calculated in the same manner as for the Fund death benefit. To be eligible to receive a TPD benefit you must be an employee of the Rio Tinto Group and an eligible Employee Member of the Rio Tinto Fund. Your claim must, in the opinion of the Trustee, satisfy the Trust Deed definition of TPD. It means in relation to a Member having been absent from the employ of the Employer through illness or injury for six consecutive months or for such shorter period as in the circumstances the Trustee considers appropriate such illness or injury being in the opinion of the Trustee (after consideration of medical evidence) sufficiently serious as to render the Member unlikely ever to resume work in or attend to any gainful profession or occupation for which he is reasonably fitted by education training or experience. Please note that your TPD benefit is not subject to Preservation. The Trustee may impose special conditions and restrictions in respect of your benefits on admission to the Fund and at other times. For more information, please refer to the information under the heading restrictions later in this guide. The insured amount is calculated by multiplying your Base Salary (for superannuation insurance purposes as advised by your Employer) at the time of death by an insurance multiple. This multiple will depend on your selected level of cover (i.e. Basic, Medium or Top) and the number of years and months of future service you would have had up to age 65. The Trustee may impose special conditions and restrictions in respect of your benefits on admission to the Fund and at other times. For more details, please refer to restrictions later in this guide. 2
3 Ill-health benefit The ill-health benefit is calculated as your Account Balance plus half of your selected insured amount: Your Account Balance Plus Your insured amount x 50% To be eligible to receive an ill-health benefit, you must be an employee of the Rio Tinto group and an eligible Employee Member of the Rio Tinto Fund. You must, in the opinion of the Trustee, satisfy the Trust Deed definition of ill-health. It means in relation to a Member physical or mental ill-health (not amounting to total and permanent disablement) caused through illness, infirmity or accident which, in the opinion of the Trustee after consideration of medical evidence, any statement from the Employer and such other matters as the Trustee thinks fit, renders the Member unable to perform (a) his normal duties for the Employer before he ceased normal active employment with the Employer; and (b) the duties of any other position with the Employer for which the Employer considers him to be reasonably suited and which is offered to him by the Employer, such duties being as determined and advised to the Trustee by the Employer. Please note that all or part of your ill-health benefit may be subject to Preservation in accordance with superannuation law. Your annual Benefit Statement will advise you of the portion of your account that must be preserved. The Trustee may impose special conditions and restrictions in respect of your benefits on admission to the Fund and at other times. For more information, please refer to the information under the heading restrictions later in this guide. Investment earnings applicable to death, TPD and ill-health benefits As explained above, your death, TPD and ill-health benefit is calculated as your Account Balance plus all or some of your insured amount. In the event of your death, your Account Balance will be calculated based on the latest sell unit price for your chosen investment option(s) as at the date the Fund administrator is advised of your death (less any Surcharge Account). At this time, your Account Balance will then be moved into the Fund s Cash option and will be updated with the earnings achieved by the Fund s Cash investments to the date of payment. The Trustee adopts this approach in order to ensure as far as possible that the benefit is not subsequently reduced by short-term negative investment returns from the occurrence of death until the date of payment. In the event of your total and permanent disablement or ill-health, your Account Balance will remain invested normally until the date of payment (i.e. investment returns, both positive and negative, will continue to be applied to your account via daily unit prices and your Surcharge Account will continue to accrue interest at the usual rate). In the event of your death, total and permanent disablement or illhealth, your insured amount will generally be updated with interest from your date of death, disablement or ill-health to the date of payment at the earnings achieved by the Fund s Cash investment option. The Trustee adopts this approach in order to ensure as far as possible that the insured component of the benefit is not subsequently reduced by short-term negative returns from the date of death or disablement until the date of payment. restrictions If you select Medium or Top insurance cover on joining the Rio Tinto Fund, or you decide to upgrade your level of cover at any time during your membership (regardless of when you joined the Fund) you will be required to complete a Medical Questionnaire. Following this, additional medical information may be required before assessment of your increased cover can be finalised. As a result of these underwriting procedures, the insured amount of your benefits may be subject to exclusions and/or restrictions. If you decide to join the Rio Tinto Fund as an eligible Employee Member after previously exercising Choice of Fund, you will automatically be provided with cover equal to 80% of the Basic level, without any deduction from your account for the cost of this cover. If you would like cover at the full Basic level or higher, you will be required to complete a Medical Questionnaire. Additional medical information may still be required before assessment of your increased cover can be finalised. Special conditions may be imposed for any cover over 80% of the Basic cover. Your benefits may also be adjusted by the Trustee if you do not provide information as required or you provide incorrect or misleading information which may prejudice your entitlement to benefits. Employee Members transferred from overseas If you have transferred to work in Australia from an overseas Rio Tinto group Employer and continue to be provided with pension benefits in your home country while on assignment, the insurance benefits provided to you through the Rio Tinto Fund in Australia may be restricted. Referred to as an Inbound Expat, you will be provided the minimum insurance cover specified under the Australian Choice of Fund legislation. This is because your ongoing pension benefits, including death and disability cover, continue to be provided by your overseas pension arrangement and would otherwise be duplicated. The minimum insurance amounts provided to you by the Fund are for death only and vary according to the following age based scale: Age $ Amount $50, $35, $20, $14, $7,000 If you are under age 20 or over age 55, no insurance will be provided for you through the Fund. 3
4 Cover after you leave your Employer Any insurance cover you have with the Fund ceases from the date you cease employment with a Rio Tinto Group Employer. Please consider your insurance needs carefully when reviewing your options. You may like to discuss this with a licensed or appropriately authorised financial adviser. Payments may take time to be finalised The assessment of an ill-health or TPD claim involves the collection of medical and other evidence. This may mean that a decision is not made until some months after you last worked. In some cases it may take even longer. The Trustee must collect and analyse all relevant information and comply with various legal requirements in relation to the payment of death payments. While every effort is made to make these payments quickly, due to the processes involved there may be a significant period of time between the date of death and the time a payment is made. cover options Your insured amount for death and TPD cover is calculated by multiplying your Base Salary (for superannuation purposes as advised by your Employer) at time of death/tpd by an insurance multiple. Depending on your selected level of cover, your insurance multiple is calculated as: Basic cover = 10% x the number of years and complete months until you turn age 65. Medium cover (1.5 times Basic cover) = 15% x the number of years and complete months until you turn age 65. Top cover (2.0 times Basic cover) = 20% x the number of years and complete months until you turn age 65. Your insured amount for ill-health is half (50%) of your death and TPD insured amount. The tables below shows the insurance multiples for Basic, Medium and Top cover depending on your age at the beginning of the relevant financial year and the cost of increasing your cover from Basic to Medium or Medium to Top cover. cover for death or TPD cover for death or TPD (cont d) Age at last 1 July Basic cover multiple for Medium cover (1.5 times Basic cover) Top cover (2.0 times Basic cover) Annual cost per $1,000 of additional cover Age at last 1 July Basic cover multiple for Medium cover (1.5 times Basic cover) Top cover (2.0 times Basic cover) Annual cost per $1,000 of additional cover Notes Personal Members do not have access to insurance cover through the Fund. Ill-health cover is half the death or TPD cover. As an eligible Rio Tinto Employee Member of the Fund s Accumulation Division, you will be provided with Basic insurance cover at no cost. The annual costs are subject to increase or decrease by the Trustee after actuarial advice and having regard to actual claims experience of the Fund over time. Additional cover relates to the excess of Medium or Top cover over Basic cover in the event of death or TPD. For ages between the exact ages shown on the table, the insurance multiple is between the multiples shown based on days. 4
5 An example Tim is aged exactly 32 years and his Base Salary (for superannuation insurance purposes as advised by his employer) is $50,000. If you look at the table on page 4, you will see that Tim s insurance multiple ranges from 3.30 to 6.60, as shown below, depending on the level of cover he chooses. Basic insurance cover is provided without any deduction from his account for the cost of this cover. Level of cover death or TPD cover Annual cost per $1,000 of additional death or TPD cover Basic 3.30 n/a Medium 4.95 $1.10 Top 6.60 $1.10 Depending on the level of cover chosen by Tim, the amount and cost of this cover can be calculated as follows: Level of cover Death & TPD insured amount Ill-health insured amount 3 Calculation of annual premium cost for additional death, and TPD $1.10 per $1,000 4 Additional annual cost to Tim for death, TPD and Ill-health cover Basic $165,000 (3.30 x $50,000) $247,500 (4.95 x $50,000) $330,000 (6.60 x $50,000) $82,500 (1.65 x $50,000) $123,750 ( x $50,000) $165,000 (3.3 x $50,000) $0 $0 Medium $50,000 x ( ) 2 x 1.10/$1,000 $90.75 Top 50,000 x ( ) 2 x 1.10/$1,000 $ Notes 1 Rounded from is deducted because Basic insurance cover is provided to Tim at no cost. 3 The ill-health insured amount is half the death and TPD insured amount. 4 Whilst expressed as an amount per $1,000 of additional debt and TPD cover, the cost of additional cover includes ill-health cover. Important Information You will still need to complete the Medical Questionnaire and any other assessment requirements if you want to increase your current death, total and permanent disablement (TPD) and ill-health cover. The cost of the additional cover will change each year depending upon the amount of the additional insured benefit, your age and the rates applying. These insurance cover options apply specifically to eligible Employee Members of the Fund s Accumulation Division. Personal Members of the Accumulation Division do not have insurance cover. Beneficiaries For the sake of your family, it s important that the Rio Tinto Fund has a record of your wishes as to who you d like to receive your super benefit if you die while you re a member. If you die while you re a member of the Rio Tinto Fund, your benefit will be paid: 1. If you have made a binding nomination that is valid at the time of your death, in accordance with that nomination; or 2. In the absence of a valid binding nomination, to any one or more of your dependants and/or your legal personal representative in any proportion determined by the Trustee after taking into account the circumstances that exist at the time of your death. A non-binding nomination will assist the Trustee in exercising its discretion, by indicating your preference as to who should receive the Fund benefit. How you can make a nomination You may nominate who you would like to receive your benefit in one of two ways. Option 1 Non-binding nomination You can nominate who you would prefer to receive your benefit in the event of your death. This is an indication of your preferences only, and pertains to the distribution of your benefit in the event you do not make a binding death benefit nomination. The Trustee will not be legally bound by your wishes but will take them into account. Making or changing your non-binding nomination To let the Trustee know your wishes, you should complete Step 5 of the application form. You can also make a non-binding nomination, or change your nomination at any time either through the Fund website or by completing a Making a non-binding death benefit nomination form. Option 2 Binding nomination You can nominate one or more of your dependants or a legal personal representative that you direct the Trustee to pay your benefit to, and in what proportions, by making a binding death benefit nomination. You can make a binding death benefit nomination that the Trustee will be bound to follow in the event of your death, unless it is invalid or is no longer in effect, by completing a Making a binding death benefit nomination form. A binding death benefit nomination will be invalid if: it is not made using the Rio Tinto Fund Making a binding death benefit nomination form (the Form); or the Form has not been properly completed in accordance with the relevant legal requirements which are specified on the Form (for example, the nominated proportions are not clear or do not equal 100%, or the Form has not been signed and witnessed correctly); or 5
6 at the time of your death, one or more of the persons nominated by you in the Form has died or is not your dependant or legal personal representative; or you remarry after making the nomination; or you were legally incapable of making the nomination; or the Trustee is legally restrained or prohibited from paying your super benefit to one or more of the persons nominated by you in the Form. A binding death benefit nomination will cease to have effect if: three years has passed from the day you signed the Making a binding death benefit nomination form or last re-confirmed that nomination; or you have revoked the nomination; or the Trustee is prevented from making payment in accordance with your binding death benefit nomination due to the operation of the Family Law Act 1975; or you are subject to a Court Order that prevents you from making a binding death benefit nomination or that requires you to revoke an otherwise valid binding death benefit nomination. Making, changing, revoking or re-confirming your binding nomination If you wish to make a binding death benefit nomination, or amend or revoke an existing binding death benefit nomination please call the Fund Member Helpline or visit the website for the Making a binding death benefit nomination form, which also contains full instructions on how to complete it. If you wish to re-confirm your existing binding death benefit nomination to continue for another three years, you can also do this by calling the Fund Member Helpline for the necessary form to complete and return. Note: If you were an Employee Member whose membership is being continued as a Personal Member, this is simply a continuation of your membership and so your nominated beneficiaries (if any) will remain the same unless and until you make a new nomination or your existing nomination ceases to be valid. If you are joining the Accumulation Division from the Fund s Defined Benefit Division, any valid nomination in place at the time of joining will be carried across to your new membership unless you specify otherwise. Who you can nominate When making a non-binding nomination or a binding nomination you have the choice of nominating one or more of your dependants and your legal personal representative (your Estate). Your dependants can include: your Spouse* (this includes de facto and same-sex partners) your children including step-children, adopted children and your Spouse s children any other person who the Trustee considers is wholly or partially dependent on you, and any other person with whom you have an interdependency relationship. This will occur where you have a close personal relationship with another person (whether or not related by family) and: you and that other person live together you, the other person, or both of you provide the other with financial support, and you, the other person, or both of you provide the other with domestic support and personal care. It will also occur where you have a close personal relationship with another person but due to a disability the other criteria of interdependency cannot be met. As mentioned previously, you can also nominate your legal personal representative (your Estate). If your legal personal representative receives your benefit, it will be distributed according to your Will, or if you don t have a Will, according to the laws of the State in which you resided at the date of your death. If you don t have any dependants or a legal personal representative, the Trustee of the Fund has the discretion to pay your super benefit to any natural person allowed by the law. *Definition of Spouse The Fund s Trust Deed defines a person s Spouse as: (a) another person who is legally married to the person (or in the case of a deceased person was legally married to them at the time of their death) (b) another person (whether of the same or a different sex) with whom the person is in a relationship that is registered under a Prescribed Law* as a prescribed kind of relationship (or in the case of a deceased person was in such a registered relationship at the time of the person s death), and (c) another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple for the purposes of the SIS Act (or in the case of a deceased person was in such a relationship at the time of the person s death). * For this purpose, Prescribed Law means a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 (Cth). This guide has been issued by the Rio Tinto Staff Fund Pty Limited (ABN ), Australian Financial Services (AFS) Licence No as Trustee of the Rio Tinto Staff Superannuation Fund (ABN ). This guide provides general information only, and has been prepared without taking into account your personal objectives, financial situation or needs. Therefore, before acting on this information, you should consider the appropriateness of it having regard to your personal objectives, situation and needs. You may also wish to consult a licensed or appropriately authorised financial adviser. You should also read and consider the Fund Product Disclosure Statement and all relevant guides that apply to your membership which are available on the Fund website, or by calling the Fund Member Helpline on RT0347 6
Your death and disability benefits (Personal Members)
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