Q: I am 60. I am interested in the condition of release relating to turning 60 and resigning. Is it sufficient to satisfy the ’60 and resign’ condition of release by changing my employment arrangement from full-time to part-time, with the same employer?
A: Most super benefits are preserved until retirement or until the individual satisfies another condition of release such as turning 65, or starting a transition-to-retirement pensions (TRIP).
A relatively unknown condition of release is where a person is aged 60 or over (but under the age of 65) and they cease an employment arrangement. In these circumstances, the person can be considered ‘retired’ for the purposes of accessing super. If the same employment arrangement continues however, then turning 60 on its own is not considered a condition of release.
The question you ask is whether shifting from full-time work to part-time is considered cessation of an employment arrangement, and hence ‘retired’ for the purpose of accessing super benefits. If the answer is yes, then a 60 year-old individual in these circumstances can access their super benefits without the need to retire from the workforce, or to start a TRIP. If the answer is no, then a 60 year-old individual can only access super if they satisfy another condition of release such as retiring or turning 65 or starting a TRIP.
According to the ATO, reducing your hours of work with the same employer, when you are aged 60 or over, rather than resigning or retiring, is not sufficient to satisfy this special condition of release.