Lost Pension Deed (Affirmation & Confirmation)

$275 (incl. GST)

or order as part of a monthly subscription with Create for $275 (incl. GST) per month.

or login if you are a member.

Overview
How to order
Price & Subscription
FAQs
Samples & References

Overview

Create online, delivered instantly

Generate documents to replace pension documentation that is missing or incomplete without having to cease and re-commence the income stream. Based on the decisions in Narumon’s case, the Deed affirms and confirms the payment of the income stream and allows for additional terms & conditions to be added including reversionary pensioners, level of reversion, segregation and decisions on making the pension a paramount document.

The following documents will be generated as part of the completed order:

Pension Deed of Affirmation and Confirmation; and
Replacement Pension Agreement

Sample documents are available to view within the knowledge base. You can save this order to resume at any time and can review prior to submission.

Create using Simple Fund 360

You can use the integration with Simple Fund 360 to get data to automatically populate fields within the order form to seamlessly generate the pension documentation.

Create using Class

You can use the integration with Class to get data to automatically populate fields within the order form to seamlessly generate the pension documentation.

How to order

Ordering online

To start ordering a smarter way, simply follow these steps:

Login or Sign up to purchase as a PAYG member
Select the document that you wish to create
Review & submit your order (and ‘Pay’ if PAYG)
You’ll have the order instantly delivered to you in less than 5 mins.

or register now as a PAYG member to start ordering now.

How to videos

This video explains the process.

In this video, Aaron explains the various aspects of ordering the lost pension deed and replacement pension agreement, including reviewing the output documents.

Need assistance?

If you require help with ordering your SMSF documents, get in contact with us via live chat, by telephone on 1300 95 94 76, email team@smartersmsf.com.

Price & Subscription

Become a Member

We offer the following subscriptions:

Create – $275 (incl. GST) per month

providing unlimited monthly access to the complete range of SMSF pension and compliance documents available on the Smarter SMSF platform.

Create Legal – $990 (incl. GST) per month

providing unlimited monthly access to the complete range of SMSF legal documents available on the Smarter SMSF platform.

Accountants Bundle – $550 (incl. GST) per month

providing unlimited access to all create documents, plus new SMSF, company incorporation and death benefit nominations.

Unlicensed Accountants Bundle – $660 (incl. GST) per month

providing the same unlimited access as above, plus the ability to utilise the suite of practical and compliant unlicensed accountant’s letters for common conversations with your SMSF clients.

Ordering Pay-As-You-Go (PAYG)

You can order a Rollback of Pension document as a PAYG member for $220 (incl. GST).

Download the PAYG document price list

FAQs

Do I have to have the Smarter SMSF Deed to use the Lost Pension Deed and Replacement Pension Agreement?

Some of the documentation, such as the ability to be a Paramount Document are unique to the Smarter Deed, however, you still have the ability to create this Deed and pension documentation using an external trust deed.

Why wouldn't you simply commute and repurchase the pension?

There are several reasons as to why this may be the case. If the pension was established prior to 1 January 2015 and the member is in receipt of the age pension, any cessation and repurchase of the income stream will change the deeming rules on the income test and could impact the individual’s level of age pension. Furthermore, where the pension ceases and the member has any accumulation benefit, this will impact the tax-free and taxable proportions of the income stream. This is particularly relevant now with many members needing to commute to comply with the introduction of the transfer balance cap.

Has this document been tested in the courts or via the ATO?

No, the formulation of this Deed and supporting documents have simply followed important case law on previously untested topics within Re Narumon [2018] QSC 185, (https://www.queenslandjudgments.com.au/case/id/311718). Where you would like to obtain further legal advice in respect to this document, you can contact our legal support team at Hill Legal to discuss further.

I have multiple pensions that are lost for a member. How many pensions does the Deed cover?

The Lost Pension Deed only covers one pension and includes the Replacement Pension Agreement for that specific income stream. You will need to create multiple deeds and agreements for more than one pension.