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The Forum > General Discussion > Accessing my superannuation. Is this legal.......I need advice please?

Accessing my superannuation. Is this legal.......I need advice please?

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I'm 58, and I'm able to access my superannuation in full at any time *as long as I retire from the workforce*.

However, I'd like to access my superannuation right now, in full, but still have the option of working.

I am presently working part time, in a permanent job, at 25 hours per week. What I'd like to do is, hand in my resignation now and officially retire, thus gaining all my superannuation in full as one lump sum payment. At some time in the future (in about a month to about 6 months or so) , I'd like to return to the same part time job (I'm sure they'd re-employ me) and stay there for a few years till I finally quit work permanently for good.

Now "technically" I'm not sure that accessing my super in this way is totally legal, because I'm not "really" retiring, because I have the full intention of working part time for a few years "after" I get my super lump sum.

I have some questions......

(1) Is my plan "legal"? I don't wish to do any illegal plans or schemes.

(2) If a person retires, is there any reason why that person will not be allowed to access future employment? If they get a post-superannuation payout job, will they be put under investigation by the relevant authorities to find out if they "falsely" retired? Can their superannuation that they withdrew be then confiscated, or forcibly put back into a super fund, "if" it's deemed the retirement was a ploy in order to gain early access to a superannuation lump sum?

I would love to gain access to a full lump sum super payout, "now"...... and still have the option of continuing to work part time. Is there any "legal" and "honest" way I can achieve this?

Thanks.
Posted by philips, Sunday, 23 March 2008 10:50:55 PM
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Yes it is yours for the asking, if you are over 55 but do not use a shonky firm and pay for it.
Posted by Belly, Monday, 24 March 2008 4:49:21 AM
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I have no idea about the right to work, but you are now 58 and the laws about super changed recently so that "60" is now a very important number: if you take out your super before 60, you pay all kinds of horrendous taxes as per the very complicated system that was before, but if you wait just 2 more years, you pay no taxes at all on your super.

Therefore, make every effort to wait and retire on your 60th birthday.
Posted by Yuyutsu, Monday, 24 March 2008 6:20:08 AM
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For the benefit of yourself, you should go ask a licensed advisor.

For the sake of anyone answering, providing financial advise without being a licenced financial advisor is an offence and carries some hefty penalties
Posted by Col Rouge, Monday, 24 March 2008 1:38:24 PM
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Don't be a rabbit Col yes the law has changed but it may not have changed for some who are over 55.
Now yes the law and common sense says get proper advice , mostly to keep shonks out of it.
Such advice , getting the money not investing it, can come from your supper fund free.
Posted by Belly, Monday, 24 March 2008 2:29:35 PM
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I am always interested to know in whose interests it is to keep salary levels or financial advice secret. Keeping salary levels secret allows employers to pay different salaries to people doing the same job and they do. Keeping financial advice secret makes its harder to shop around for worthwhile advise as financial planners charge $800+ per piece of advice. If the advise is wrong well chances are only the client given the bodgy advise will know.

Then of course what is financial advise? telling you what shares to buy, telling you to take out health insurance, telling you what pensions and health care card you can access.

Check with the Australian Tax Office to see if you can retire today if you are over 55 and resume work after that.
Posted by billie, Monday, 24 March 2008 4:20:52 PM
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