Superannuation binding death benefit nominations and kinship structures

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry suggested that the Government explore, in consultation with relevant Aboriginal and Torres Strait Islander peoples, difficulties they face making binding death benefit nominations. This paper explores the law surrounding the distribution of superannuation death benefits, Aboriginal and Torres Strait Islander peoples' kinship structures, and how these kinship structures are accommodated elsewhere in the law.

The Government will use the feedback received through submissions on this paper to decide what law changes, if any, are required to address how kinship structures of Aboriginal and Torres Strait Islander people are treated by laws applying to superannuation death benefits.