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Determination Details

Determination Number: D16-17\178
File Number: 15-1267
Determination Date: 13 Jun 2017

Full Determination PDFFull Determination (PDF)

DETERMINATION NUMBER : D16-17\178

FILE NUMBER : 15-1267

REVIEW DETERMINATION AND REASONS*

PARTIES

The Complainant

The Trustee

OTHER PERSONS OR ENTITIES REFERRED TO

The Fund

The Employer

REVIEW MEETING

  1. Conducted under the provisions of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (the Complaints Act) before:

  • Stephen Duffield, Presiding Member
  • Noel Davis, Member.

  1. A review meeting was held on 27 February 2017 and was adjourned. A further review meeting was held on 21 April 2017.

DECISION UNDER REVIEW

  1. The decision under review is:

  • That the Trustee was entitled to deduct an overpayment (Overpayment) from the Complainant's current divisional Fund account (Account).

  1. The Trustee notified the Complainant of its decision by letter dated 17 December 2014 and on review by letter dated 11 March 2016.

DETERMINATION OF THE TRIBUNAL

  1. The Tribunal does not affirm the decision of the Trustee.

  2. The Tribunal determines to set aside the Trustee’s decision under review and substitute its own decision that the Trustee compound the Complainant’s claim, in accordance with article 5.3(b)(iii) of the Trust Deed, by crediting the Complainant’s Account with the Overpayment, plus interest calculated in accordance with this determination.