I understand you can access your super after you turn 60 years of age as a lump sum or income stream. There is some conditions to meet. If you have two jobs you must terminate one. Does it matter which one? or if you have one job you must resign, but can then work again after a temporary break. how long is that temporary break?
Hi @Morgz,
You're right.
It's purely about when your employment ceases, the retirement condition of release is met. As Anita mentioned, we understand people's circumstances change after they've retired.
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or if you have one job you must resign, but can then work again after a temporary break. how long is that temporary break?
That would mean that there was no real intention to cease that employment.
Hi Bruce4Tax
I would cease one employment, resign my current position and start a new position with a completely different employer.
Hi Morgz
No, it doesn't matter which job. The condition you have to satisfy is:
An arrangement under which the member was gainfully employed has come to an end.
The future gainful employment intentions of the person are irrelevant when the person is age 60 or more when they leave employment.
So an arrangement would need to come to an end. On my reading of the law I don't see any problem with agreeing with an employer before you leave that a new employment arrangement will be set up at some point in the future. There's no minimum timeframe for how long this break would need to be. There could be no break at all, as long as it's clear that one arrangement came to an end and another one was started.
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@SebReiter hello! I just read the above comment from you and just need clarification for my situation. I am currently employed as permanent parttime. I turn 60 in October. I work approx 12 to 16 hours a week. Re the condition of release of an employment arrangement coming to an end, if after I turn 60 I end my current employment arrangement of being a permanent part time employee and become a casual employee, would I qualify to get the lump sum of my super. I do intend on taking some time off in the near future as I want to take my elderly mum around Australia. I'm needing funds from my super to buy a new car to do this trip.
Thank you for your contribution @SebReiter , assuming no early accessing scheme and the individual genuinely wants to go from full time to casual would you agree that there has been a cessation of a gainful employment arrangement in this scenario posted on 14 February 2020 ? - https://community.ato.gov.au/s/question/a0J9s0000001BEP/p00019480
Hi Seb I'm getting mixed messages too. On some responses if you are over 60 and cease an employment arrangement you won't meet the condition of release if you arrange future employment with the same employer. Whereas others seem to be saying that ceasing the employment arrangement is enough itself to meet the condition and future intentions or arrangements don't matter. Can you clarify your response? Also, if you have two jobs and want to cease one, is there a minimum number of hours of part-time work you need to be doing to be able to say that you ceased gainful employment?
Hi SebReiter
Thanks for the reply, this was my understanding of the condition of release. I have another question. My super is currently invested and does not mature until 03/08/2024. However, i turn 60 on 12/06/2024. Do i have to wait till 03/08/2024 when my super matures to resign from my current employment to access my super or can i resign on 12/06/2024 and then when my super matures on 03/08/2024 i can access this as a lump sum.
Hi @Morgz
Your superfund will let you know what the best option would be. Get in touch with them.
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