In your 60s? The super rules that apply to you

Once you reach age 60, the rules of the super system change. The key difference for most people is that withdrawing money from your super account is now free of tax.

Reaching age 65 is considered another condition of release, meaning you can withdraw your super benefit without needing to retire.

It’s not all plain sailing, however, as hitting age 65 means you need to meet the requirements of the work test or work test exemption if you want to make many of the normal types of super contributions. These include salary sacrifice, spouse, personal tax-deductible or non-concessional (after-tax) contributions into your account.

If you are aged 65 or older, you may be eligible to make a downsizer contribution into your super account of up to $300,000 from the total proceeds of selling your home.

The main rules applying to your super during your 60s are split between those covering when money goes into your super account (contributions) and when it comes out (withdrawing).

1. Contributing to super

Superannuation Guarantee (SG)

If you are aged over 60 and being paid $450 or more (before tax) in a calendar month, your employer must still pay SG contributions (9.5% in 2019/20 and 2020/21) into your super account. Once you meet these conditions, super is payable for all employees whether you are working full?time, part-time or are casually employed.

If you don’t meet these conditions, your employer is not required to make SG contributions for you.

If you are a contractor paid ‘wholly or principally for labour’, you may be considered an employee for super purposes and entitled to SG payments.

For more information, read SuperGuide articles:

• Your simple guide to Superannuation Guarantee (SG) contributions
• Superannuation Guarantee rules for employers
• What to do if your employer doesn’t pay your super

Contributions caps

Even though you are in your 60s, there are still annual limits or caps on the amount of money you and your employer can contribute into your super account.

From 1 July 2017, the general concessional (before-tax) contributions cap is $25,000 for everyone, regardless of their age. (From 1 July 2018, you can also make ‘carry-forward’ concessional contributions if you qualify, which includes having a Total Super Balance of less than $500,000.)

Your annual non-concessional (after-tax) contributions cap is $100,000.

If you are under age 65 you do not need to meet the work test or work test exemption rules, but once you reach the milestone of 65, you must be ‘gainfully employed’ if you still want to make non-concessional, salary sacrifice and personal tax-deductible contributions.

For more information, read SuperGuide articles:

• 2019/20 guide to concessional contributions (before-tax super contributions)
• 2019/20 guide to non-concessional contributions (after-tax super contributions)
• Know the rules: Contributing to super over 65
• Super contributions before and after age 65

Work test

If you still want to make personal non-concessional contributions into your super account once you hit age 65, you need to meet the conditions of the work test or work test exemption, which requires you to be ‘gainfully employed’ for at least 40 hours in 30 consecutive days during the financial year.

For more information, read SuperGuide article Work test: Making super contributions over 65.

Bring-forward contributions

Giving your super a last-minute boost with a big contribution can be a smart move, but ensure you do it before you reach age 65 so you don’t have to worry about meeting the work test.

If you are age 64 for at least one day during the first financial year in which you make a bring-forward contribution and meet all the eligibility criteria, you can make up to $300,000 of non?concessional (after-tax) contributions in the same year. (The criteria include having a total superannuation balance under $1.6 million.)

For more information (including on how the work test interacts with the bring-forward rule), read SuperGuide article A super guide to understanding the bring-forward rule.

Personal (or voluntary) tax-deductible super contributions

From 1 July 2017, you can claim a tax deduction for any personal voluntary contributions you make into your super account if you are aged 60 to 64 – whatever your employment status.

Once you reach age 65, however, you need to meet the work test or work test exemption rules to make this type of contribution and claim a deduction.

For more information, read SuperGuide article How do tax-deductible superannuation contributions work?.

Downsizer contributions

Once you hit age 65, you have a new opportunity to make super contributions using the downsizer rules, which have no work test requirement or age limit.

Making a downsizer contribution involves selling your home and making a contribution into your super account of up to $600,000 for a couple ($300,000 each), provided you meet the eligibility rules.

For more information, read SuperGuide article Downsizer contributions: How do they work and what are the current rules?

Self-Managed Super Funds (SMSFs)

Many people approaching retirement think about establishing their own SMSF to take more control of their retirement savings and pay themselves a regular super pension. However, it’s important to remember that SMSFs must adhere to lots of rules and you will have the ATO looking over your shoulder.

An SMSF can have no more than four members at any one time. A member cannot be an employee of another member unless they are related.

You cannot be a trustee of an SMSF is you have been convicted of an offence involving dishonest conduct, been subject to a civil penalty under super law, are insolvent or an undischarged bankrupt, or been disqualified from acting as a trustee of a super fund.

For more information, read SuperGuide article What is a self-managed super fund (SMSF)?

2. Withdrawing your super

Getting your money

Even though you have reached your preservation age if you are aged 60 to 64, you still need to meet a condition of release to access your super benefit.

Once you reach age 65, however, the rules relax and you can take your super benefit without retiring if you wish.

For more information, read SuperGuide articles:

• Accessing super: Ceasing employment after 60
• Accessing super: Reaching age 65
• When can I access my super? All the conditions of release explained

Paying tax on your super

Once you reach age 60, most people can take their super benefit tax-free (apart from members of certain public sector super funds).

For more information, read SuperGuide article Over age 60? A simple tax guide to accessing your super benefits.

Taking a super pension

If you decide to start a super pension, you will be required to withdraw a minimum amount each year based on your age.

For more information, read SuperGuide articles:

• Starting a pension from your super
• Minimum pension drawdown rates halved for 2019/20 and 2020/21.

Transition to retirement pensions

For people in their 60s who are still working, it may be worth considering starting a transition to retirement (TTR) income stream. This type of super pension allows you to gradually draw on your super benefits while you’re still working. After age 60, income from your TTR pension is tax-free.

For more information, see SuperGuide articles:

• Guide to transition to retirement pensions (TTRs or TRISs)
• Did tax kill the transition to retirement magic pudding?