Claiming a death benefit

We understand that the loss of a loved one is an incredibly difficult time. As you navigate through this period of grief, we are here to support and guide you through the process of managing the practical aspects of your loved one’s superannuation with compassion and respect.

We aim to simplify the steps needed to claim a death benefit, ensuring that you can focus on what truly matters during this time.

What is a death benefit?

A death benefit includes the superannuation account balance of the deceased member and any applicable insurance benefits.

This page explains the process for claims on Accumulation and Pension accounts. For information about the different process for Defined Benefit accounts, please contact us on 1800 444 396.

Who is eligible to claim?

The Fund must pay the death benefit according to the rules set down in the Superannuation Industry (Supervision) Act 1993 (SIS Act) and the Brighter Super Trust Deed. These rules generally restrict the payment of death benefits to either:

• a dependant of the member, or
• the legal personal representative of the late member’s estate.

A death benefit can only be paid to someone who is not a dependant or legal personal representative in the event that Brighter Super has been unable to locate any valid beneficiary.

Who will receive the death benefit?

Who will receive the death benefit depends on the type of beneficiary nomination that is in place on the members account at the time of their passing.

Where there is a valid binding death benefit nomination (lapsing or non-lapsing) or a reversionary nomination the benefit will be paid in accordance with the member’s instructions.

Where there is a preferred nomination, no nomination, or an expired/invalid binding nomination, then Brighter Super will determine the distribution of the benefit, subject to the requirements outlined in the legislation and our governing rules.

It is important to note that a superannuation death benefit does not form part of the member’s estate and therefore is not automatically distributed in accordance with the member’s Will. Brighter Super may use the Will as a guide to inform their decision however, they are not legally obligated to make any payments in accordance with the Will.

How we determine the distribution?

Where there is a valid binding death benefit nomination (binding / non lapsing) the benefit will be paid in accordance with your nomination.

If you don’t nominate a beneficiary, your binding beneficiary nomination is invalid or you have a preferred nomination your death benefit will be distributed according to the rules set out in the Fund Trust Deed and Australian Government legislation.

If the member passed away before 1 January 2025 then Brighter Super will prioritise claims for any beneficiaries who are determined to be financially dependent on the deceased.

The Brighter Super Trust Deed specifies that where a members death occurs on or after 1 January 2025, the benefit will be paid as follows:

• To a qualifying spouse (or one or more qualifying spouses, where more than one person meets the relevant definition of qualifying spouse).
• If there is no qualifying spouse, then one or more qualifying children (this includes children under 18, as well as children over 18 with a financial dependency on the member, or in an interdependency relationship with the member, or with a prescribed disability).
• If there are no qualifying children, then the legal personal representative (executor of the member’s Will or person who has letters of administration of the member’s estate).
• If no legal personal representative is identified, or the estate is insolvent, then to other dependants

Do you identify as a First Nations person and want help with your claim?

We can help you through the claim process. For example where you’re unable to provide standard identification requirements, you may be able to provide alternative methods of identification.

Please contact us on 1800 444 396.

Process for making a claim

1. To commence the process, you now have two options:

   1. Complete the details online using our Death Notification Form.
   2. Contact us directly on 1800 444 396.
      
      

2. Complete the claim form:

   Fill out the Death Benefit Claim Form. As part of the application, you will need to provide copies of the following documents:
   - A certified death certificate which includes cause of death (a certified copy of the coroner’s report is required if cause of death is not listed - on the death certificate).
   - A Will (if applicable).
   - Identification documents.
   - Evidence of relationship or separation (e.g. marriage certificate).
   - Evidence of financial dependency (if applicable).
   - Birth certificate(s).
   - Letters of Administration or Probate (if available).
   
   Please use the checklist at the end of the claim form to make sure you have included everything we require to promptly finalise the claim.
   
   
   

3. Fund assessment:

   Once the fund has received the completed application form and supporting documents, we can begin assessing the application to determine how the benefit should be distributed.
   
   If the fund requires additional information to assist with the assessment, we will contact the beneficiaries or their nominated representative directly to request any additional evidence.
   
   To determine how the benefit should be distributed, we generally ask all potential beneficiaries to confirm their intention to claim a portion of the benefit and provide information to support their claim. However, this may not be required in all cases, depending on the deceased member’s circumstances and date of their death.
   
   
   

4. Claim staking:

   Where there are multiple potential beneficiaries, we will notify all parties of the decision. All potential beneficiaries then have 28 days to lodge an objection with the Fund. This process is called ‘Claim Staking’ and is used in certain circumstances only.
   
   For example, an adult child has requested 100% of the benefit when there is a legal partner who is eligible to receive 100% of the benefit.
   
   If an objection is received within the Claim Staking period, the Fund will review the original decision and will either uphold their original decision or propose a new decision.
   
   Where applicable, the death benefit is unable to be paid until the Claim Staking period has been finalised.
   
   If any of the claimants don’t agree with the final decision, they may be able to take their complaint to the Australian Financial Complaints Authority (AFCA).
   
   
   

5. Payment:

   Following approval and the resolution of any disputes, payments will be distributed accordingly.

Payment details

Where the deceased member has nominated a reversionary beneficiary on their Pension account, Brighter Super will revert the deceased’s Pension account to the nominated reversionary beneficiary. For all other payments, once all parties have accepted our decision, Brighter Super will make payment within five business days directly to the beneficiary’s nominated bank account.

If you’re a person that Brighter Super has decided can be paid some part or all the death benefit payment, you can also choose to receive the payments as an income stream if you are an eligible dependant.

An eligible dependant for this purpose includes:

• a spouse,
• a child who is:
  • under the age of 18,
  • under the age of 25 and financially dependent, or
  • a disabled child (irrespective of age)
• someone in an interdependent relationship, or
• a financial dependant.

Please refer to the Pension account Product Disclosure Statement for more information.

How will the death benefit be taxed?

Please refer to the below table for information on how your payment will be taxed.

Notes:

• Tax Dependant includes spouse, former spouse, child under 18, financially dependent person, or someone in an interdependency relationship.
• Non-Tax Dependant refers to anyone not meeting the dependant criteria.
• Income Stream benefits to a dependant child must stop by age 25 unless the child has a permanent disability.
• Tax-Free components are always Tax-Free

For more information on how death benefits are taxed and death benefit income streams please refer to the Australian taxation office (ATO) website www.ato.gov.au.

In relation to the above you may want to consider obtaining independent financial advice.

How long will it take?

We understand the loss of a loved one is an incredibly difficult time and as such we aim to finalise our decision as quickly as possible. However, each claim is unique, and the time taken to process the claim will vary and may take several months to be finalised. The quicker the required information is provided to Brighter Super by all claimants, the sooner we will be able to finalise our decision.

It may take longer if:

• there are multiple claimants, and we need to try to locate or obtain contact details for them
• there are delays for claimants returning required information
• there’s an objection about Brighter Super’s decision that requires an additional review
• Brighter Super’s decision isn’t accepted by all claimants and the claim is referred to AFCA.

If there are multiple potential beneficiaries, we’ll need to write to each party to advise them of the decision and allow each potential beneficiary 28 days from the receipt of the notice to lodge an objection.

We’re here to help

During a period of loss, we understand that navigating these steps can be both emotional and overwhelming. Our Claims Representatives are committed to supporting you through this process and are available to address any questions or concerns you may have at any stage. Once you receive your Death Benefit Claim Form, you will be assigned a dedicated case manager for the duration of the claim.

For further details or to start a claim, contact us directly at 1800 444 396. We are here to support you during this challenging time.