Superannuation Legislation Amendment (Tackling the Gender Super Gap) Bill 2025

High-Level Summary

The Superannuation Legislation Amendment (Tackling the Gender Super Gap) Bill 2025 introduces a voluntary annual mechanism allowing spouses to evenly redistribute superannuation balances up to the general transfer balance cap. It aims to reduce the persistent gender super gap by enabling a higher-balance partner to top up their spouse’s superannuation account.


Summary

The Bill amends three key pieces of superannuation and tax legislation:

  • Superannuation Industry (Supervision) Act 1993 – inserts a power for regulations to allow spouse-to-spouse rollovers.
  • Superannuation Industry (Supervision) Regulations 1994 – creates Division 6.7A, establishing a once-per-year, voluntary spousal redistribution mechanism for members in the accumulation phase with a single account, excluding defined benefit schemes, pension-phase interests and individuals aged 65 or over. The spousal redistribution limit caps transfers to an amount that equalises balances without breaching the general transfer balance cap, and requires trustees to process applications within specified timeframes.
  • Income Tax Assessment Act 1997 – defines “spousal superannuation redistribution payment” as a rollover super benefit, preserving the original concessional, non-concessional, taxed and untaxed component proportions for tax purposes.

The amendments commence the day after Royal Assent.


Argument For
Normative Bases
  1. Non-Discrimination
  2. Egalitarianism
  3. Legal Principle [CEDAW Article 13]

The Bill directly addresses one of the most entrenched forms of gender inequality in Australia: the superannuation gap. By providing a simple, voluntary mechanism for spouses to share retirement savings during the accumulation phase, it recognises the unpaid care work disproportionately undertaken by women and promotes substantive equality in retirement outcomes.

Maintaining the original tax and contribution characteristics of rolled-over amounts ensures no additional tax burden, and the annual, opt-in structure respects individual autonomy. Enabling couples to plan retirement finances jointly strengthens family security and reduces the risk of poverty among elderly women, who on average retire with 20–25% less superannuation than men [Judgment].


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Propertarianism

Although well-intentioned, the Bill adds significant regulatory complexity and compliance costs for trustees and superannuation funds in order to service a mechanism that may see limited uptake. Processing, verifying and executing annual spousal rollovers requires system upgrades and ongoing administration, potentially increasing fees for all members.

Moreover, mandating a government-designed redistribution feature risks infringing on individuals’ property rights over their retirement savings and may distort incentives for personal saving and investment strategies [Judgment]. A lighter touch—such as improved financial education or targeted incentives—could tackle the gender super gap more efficiently.


Date:

2025-09-04

Chamber:

Senate

Status:

Before Senate

Sponsor:

HUME, Sen Jane

Portfolio:

Unspecified

Categories:

Financial Regulation, Discrimination / Human Rights, Social Support / Welfare

Timeline:
04/09/2025

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