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srs – change of mind and superannuation
sheesh – and i thought my life was complicated. check out this story from high ocurt:
High Court rules for sex-change super appeal
October 20, 2010 – 4:46PMAlan Michael Finch underwent male-to-female sex change surgery in 1988 aged 21 and lived for the next eight years as Helen Finch.
But by 1996 she wanted to be Alan again, undergoing surgery to reverse the gender change as far as possible.
The High Court heard this was a difficult experience for Mr Finch, who had variously worked for Telstra, Foxtel and Qantas but who was now unlikely ever to work again.
Advertisement: Story continues belowAt issue was Mr Finch’s request for his superannuation fund, the Telstra Superannuation Scheme, to give him a total and permanent incapacity (TPI) pension benefit.
His application was twice knocked back by the fund trustee, who relied on Mr Finch’s periods of work post-surgery to conclude that he was likely to engage in employment in the future.
The Victorian Supreme Court held that the trustee had failed to give genuine consideration to the matter and sent the case back for reconsideration.
The Victorian Court of Appeal then allowed an appeal from the trustee, ruling that to qualify for a TPI pension, Mr Finch needed to have been absent from work with Telstra for at least six months but fell six days short.
The High Court has now unanimously allowed an appeal against the Court of Appeal ruling, directing that the case go back to the trustee once again.
The five High Court judges noted that employer superannuation is part of the remuneration of employees and fund membership may be compulsory.
“It is something for which, in large measure, employees have exchanged value – their work and their contributions. It is deferred pay,” they said.
“These are propositions which are not falsified by arguments advanced by the trustee to the effect that the death and total and permanent invalidity benefits under the deed involve in part an element of bounty.”
They said superannuation was a method of attracting labour.
“The legitimate expectations which beneficiaries of superannuation funds have that decisions about benefit will be soundly taken are thus high. So is the general public importance of them being sound,” the judges said.
http://www.smh.com.au/national/high-court-rules-for-sexchange-super-appeal-20101020-16trw.html -
9 Replies
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So this guy sought TPI for the fact he was transgendered but changed his mind? And the fact that he got SRS and, after 8 years, changed “his” mind and this caused a continuing and permenant inability to work?
Does anyone else see a problem here? I think, like the army guy, once again the fact that this guy is/was trangendered is more newsworthy than the actual reasoning behind the decision. Yes, he may have other issues. I think that is the other issues which are the source for the request that he be granted the TPI release of his super.
I hope we are not going to revert to the good ol’ days when Transgendered people were thought of as “insane” or worse. Being transgendered in itself is NOT a disability.
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I seriously cannot understand these individuals. How can you change your mind?
I always think perhaps they weren’t being honest with themselves, or honest with their psychiatrists, or they are making these changes in their lives other than their own gender issues. -
There is a lot more to this story than the latest installment. Finch sued Monash Medical Centre for essentially a misdiagnosis of transexuality. I believe, having been a patient of one of the doctors concerned, that there is even more behind this than you will find anywhere in print. Let’s just say that in Victoria Mr Finch is not well regarded.
http://www.theage.com.au/articles/2004/10/26/1098667763861.html?from=storylhs
http://www.arnoldthomasbecker.com.au/read_write/File/251103.pdf
http://www.hinch.net/hinch-says-2003/Nov03/25-11-03.htm
and many many more……….
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Am I right in remembering that Monash gender clinic suspended their work for a period over the kerfuffle with this poor confused person? I remember seeing the photographs of this beautiful blonde women that Helen was and the plain old thing that He was and thinking that she must be mad to turn back now!!! I recall that he is a born again Christian ( or something!)
I wish I could get my Superannuation, I argue that unlike Michael , I am still in the DSMiv and so have a mental illness but cannot get a pension or the bloody super!!!! Perhaps it is the Dysphoria that makes the difference? -
Quite correct Christina………and I believe (and here I am not sure of the facts) that both christianity and a notorious “trans cure” psych may have played a part.
Best not to feul the fire of publicity surrounding this person………they do not have our best intersts at heart.
Gwen -
So let me see if I have got this right…….This guy couldn’t make up his mind as to who he was or who he wanted to be and now as a result wants his payout because of his own indecisions? Well if he’s allowed to then the rest of us could say the and do the same thing if we wanted to to get an early retirement! Let him make his own way through life, if you make your bed then you should lie in it.
Peta A.
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What an incredibly complex scenario is about all i can say
A philosophical/ethical conundrum of the richter scale 10 – for the medico/health/mental health people a nightmare on gender street.
I am what I am because i think i am and I have managed to convince you that I am but you should have known better that years later this is not what I wanted and now i cant be a daddy or bonk women.
Oops I have changed my mind and you have occasioned damage to myself because you believed me and you shouldn’t have done so. therefore Its your fault.
I wonder if the treatmet had been refused, some kind of appeal wouldnt have been mounted. -
It’s because of people like this guy that makes it so much harder for the rest of us to get on with what should be a normal life. Grrrrr.
Why can’t people just take responsibility for their own decisions damn it! If I stuff this up, why should I blame anyone else for what I wanted to do? No wonder some doctors give us such a hard time.
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Michelle, yes that is about it as far as Finch is concerened. As I have hinted there is more stuff happening in the background with other peoples agendas in play.
