Hello everyone,
I am reaching out to this community in search of support, guidance, and insights regarding a deeply challenging situation I have been facing. I am particularly interested in connecting with individuals who have encountered similar circumstances or possess knowledge in this area.
In 2011, I was medically retired from the NSW police force due to chronic PTSD, major depressive disorder, and general anxiety disorder. As outlined in the comprehensive psychiatric report submitted with this letter, my psychiatrist highlighted the severe impairment (44%), I was experiencing in areas such as concentration, persistence, and pace. Moreover, the report emphasized my significant distrust of others, a symptom directly associated with my PTSD condition. In this vulnerable state, I was tasked with making critical financial decisions regarding my Superannuation, which was an overwhelming and distressing experience for me.
At the time, my mental health issues severely compromised my ability to make sound judgments and fully comprehend the implications of my decisions. I was also taking large doses of prescribed sedative medications. Regrettably, I impulsively chose to withdraw all funds from my Superannuation account, driven by panic and a distorted perception of survival needs. I only years later realized that this decision had long-term detrimental consequences, including a significant tax burden and the loss of entitlement to a pension under the defined benefit scheme.
In my pursuit of rectifying this situation, I have contacted various institutions and authorities, including the Superannuation fund, the Australian Taxation Office, and several relevant governmental bodies. Unfortunately, my pleas for assistance and reconsideration have thus far been met with rejection. While I understand the challenges posed by the passage of time, I firmly believe that the circumstances surrounding my mental impairment and subsequent financial decisions still warrant careful reconsideration.
It was only in 2018, with an improved state of mind, did I seek financial assistance. It was then that I was informed by a financial adviser about the tremendous mistake I had made, considering my SASS membership entitled me to the Defined Benefit Scheme pension. The adviser expressed astonishment, stating, “who on Earth told you to do that?” It was then I realised the gravity of my earlier decision.
I firmly believe that there was negligence in entrusting and allowing me to make crucial financial arrangements and decisions while I was severely mentally unwell. This is despite those entrusted with my funds having that knowledge.
Throughout my journey, I have come to realize that the financial decisions I made during periods of severe psychological impairment have had a profound and long-lasting impact on my financial well-being. These decisions have left me significantly disadvantaged compared to someone of sound mind who would have been discharged after suffering a total permanent disability.
If I had been treated properly from the outset, the SASS Trustee should have placed my termination payments into an approved deposit fund until such time that I was deemed to be well enough and received proper financial advice.
My latest financial adviser strongly believes that I had been treated unfairly and discriminatory as a disabled person, from the outset and that I had grounds to request the Australian Taxation Office Commissioner to exercise their special power (allowed under exceptional circumstances) to roll back my funds into SASS and reinstate my membership. Furthermore, I was informed that I could have been entitled to deposit each lump sum into Super without any contribution cap limit.
SASS declined to assist, claiming they acted in accordance with legislation and that SASS is a closed scheme not open to new members. Letters to the ATO, Treasurer, and others have all resulted in rejected help.
I have been tirelessly advocating for the reinstatement of my Superannuation membership into SASS. This fight for justice and fairness has been an arduous journey, filled with numerous setbacks and rejections. I firmly believe that the decisions made during my severe psychological impairment should not have been allowed, and I am determined to explore all possible avenues to rectify this injustice.
I am planning to lodge a tax ruling applocation with the ATO Commissioner to seek they use their special legislated powers to direct a rollback of my Super funds back into SASS. And also seeking to have my lump sum payments allowed to be deposited as well. The ATO reply to my previous letter seemed to be applying current legislation to the 2011 period. But I have been holding off until I seek further advice, information or guidance. I have been trying to find a politician to advocate for me with no success so far.
In sharing my story and seeking your support and insights, I hope to connect with others who have faced similar challenges or possess knowledge of relevant legal precedents, regulations, or resources. Have any of you encountered a similar situation, either personally or through supporting others? Are there individuals who have successfully navigated the process of reinstating their Superannuation membership despite the scheme being closed? I would greatly appreciate any advice, experiences, or suggestions that can help navigate this complex landscape.
Warm regards.
