Severance & redundancy
Frequently asked questions
When you separate from your employer
If you lose your job or stop work for any reason, you or your beneficiaries can make a claim from your Protect account. These reasons may include:
- Termination
- Resignation
- Redundancy*
- Promotion to an above award position, or 'off the tools'
- Retirement
- Death
If your employment ceases, an initial claim can be made from your online Protect account via the yellow worker log in button on each page of our website, or from the Protect phone App, at any time of day.
For all other claims, please call us to discuss your circumstances so that we can assist you with any necessary paperwork.
* Only a payment for a genuine redundancy is eligible for the tax-free limit, all other termination event payments are taxed according to ATO rules.
The reason for leaving employment otherwise known as the 'termination event', dictates the tax applied.
*The tax free threshold for the 2021/2022 financial year is $11,341 for the initial year, and $5,672 for each full year of service with your employer.
Use the App
An initial severance claim can be made via:
- The Protect App or
- Your online Protect account
Claims made via these online options can be made at any time of day and are the quickest and simplest avenues for accessing your entitlements.
Exception:
- If you're retiring please download and complete this claim form.
For all subsequent claims, please call us so that we can help you with any necessary paperwork.
Need help?
Our Member Services Team can help step you through the process phone 1300 344 249 or email info@protect.net.au
The application form is online
To help counter the financial hardship caused by the COVID-19 Coronavirus, Protect has been granted approval by the Tax Office to make a hardship payment to workers from their account balance in the event that you are stood down without pay and are not relying on other forms of payment (annual leave or long service leave), and you remain employed. Where a worker is terminated and is unemployed, a termination or redundancy payment would apply.
The Protect update is online
Information relating to Protect severance and coronavirus COVID-19 can be found at this news link:
You will need to complete a claim form
- Your employer confirms your redundancy
Your employer is required to confirm your redundancy details via their online Protect account however, you may proceed with your claim as soon as you have separated from your employment. - You complete a claim form
To lodge a redundancy claim, you must complete a Protect claim form. For fastest results you should do that electronically via the App or by logging in to your online account, accessible via the workers portal (yellow button) on the top right of every page of this website. - If details are missing, we follow up with your employer
If your employer hasn’t provided us with a termination date you can upload a separation certificate as confirmation of termination or Protect will contact your employer to confirm your termination. - You are paid into your nominated bank account
When your redundancy status is confirmed by the employer, you will be entitled to your funds tax free, up to your tax free threshold. Please allow 1-3 business days for the funds to appear in your nominated bank account.
It depends on your termination event
GENUINE REDUNDANCY
If you lodge a claim due to genuine redundancy, your initial claim limit is up to your tax free threshold or the balance of your account, whichever is the lesser. For the 2021/2022 financial year, the tax free threshold is $11,341 plus $5,672 for each complete year of service.
IF YOU ARE RETIRING OR LEAVING THE COUNTRY
You may claim the full balance of your account on retirement or if you are leaving Australia for more than two years.
DUE TO ANY REASON OTHER THAN REDUNDANCY, RETIREMENT or leaving australia
Where an initial claim is processed for any reason other than redundancy, for example termination or resignation, the initial claim limit is capped at $6,500 or your account balance, whichever is the lesser.
What is a subsequent claim?
After making an initial claim if you have sufficient funds, you may claim further on your account when you meet certain conditions, for example if you remain unemployed or you find employment with a non-contributing employer. If you qualify for a subsequent claim please call us to have paperwork tailored for you.
Download:
Tax free redundancy payments are now aligned with the age pension qualifying age
As of 1 July 2019, you are eligible to receive tax free redundancy claims up to your age pension age.
Claims on a Protect account due to genuine redundancy attracts a tax free component, based on the person’s length of service with their employer. Previously you could only benefit from this if you were under the age of 65. However, legislation has extended the age limit to match an individual’s age pension qualifying age, which means those working longer in life are no longer exempt from the tax benefits of being made redundant.
However , if you are pension age or older on the day of your dismissal, the ATO will consider the event a 'non-genuine redundancy' and you will not qualify for a tax free component.
No - you can make a retrospective claim
With Protect you don’t have to be unemployed to make a claim on your Protect severance account. If you’re in new employment you can make a retrospective claim from a previous employer.
Within 5 days
Payment will be made to your account within five business days of receiving your initial severance claim, provided your claim is accepted.
The Member Services Team
Our Australian based Member Services Team is available to answer all queries relating to your Protect account. Calling 1300 344 249 will also grant you access to our Field Officers who are able to visit you in person should you require that level of assistance.
Email: info@protect.net.au
Tax is determined by your termination event
*The tax free threshold for the 2021/2022 financial year is $11,341 for the initial year, and $5,672 for each full year of service with your employer.
Claims above the tax free threshold are taxed at 32%, if below the preservation age, and 17% if above.
Other payments and Government Benefits
Your Protect severance payment may affect other Commonwealth Government benefits, such as the family tax benefit, childcare benefit and private health insurance rebate. You should consult your financial advisor, the Australian Tax Office or Centrelink for advice on how your personal circumstances may be affected.
Additional tax information
Late termination payments
We are legally required to withhold 47% tax from all severance claims made beyond 12 months of your retirement/termination date.
This law does not apply to redundancy claims.
Eligible Termination Payment Cap
Concessional tax rates of 32% (or 17% if you have reached your preservation age) only apply to the first $225,000 of all Eligible Termination Payments (ETP). Beyond this cap we are required to withhold 47% tax.
Deceased Claim Tax Rates
If you die, payments from your Protect severance account are generally not taxed if the beneficiaries are your financial dependents or your estate.
If your beneficiaries are not your financial dependents, 32% tax will generally apply to the payment from your account.
Whole-of-Income Cap
Any payment received not resulting from redundancy may also be subject to higher taxation via your personal tax return, if your taxable income plus this payment exceeds $180,000.
Please consult your financial advisor if you believe this may apply to you.
The tax free limit on redundancy payments
A genuine redundancy payment is tax-free up to a certain limit, based on the number of whole years of service you've completed with your employer.
For the 2021/22 financial year, the limit is:
$11,341 plus $5,672 for each complete year of service
Example of savings:
- Jim has a balance of $7,000 in his Protect account
- He is under 65 years old
- He has been with his current contributing employer for two and a half years
When Jim is made redundant he lodges a claim with Protect. Jim is entitled to a tax-free redundancy payment of up to $22,685. Calculated as: ($11,341 + [2 x $5,672])
Therefore the entire balance of Jim’s account will be paid out to him tax-free.
No
All retirement claims are subject to tax as determined by the Australian Taxation Office. The only 'termination event' (reason for employment ending), that attracts a tax free component is genuine redundancy and the ATO does not permit genuine redundancy claims by those who have reached their pension age, or older, on the day of dismissal.
It depends on your date of birth
Your preservation age is generally the age that you can retire and access your superannuation or other retirement-related benefits. Your preservation age depends on your date of birth and affects the rate of tax you will pay on a severance claim.
Protect members who have retired and are over their preservation age may claim their entire severance balance.
It depends on your date of birth
To be eligible for the age pension you must be 65 years or older. The qualifying age will gradually increase by 6 months every two years, to 67 years by 1 July 2023. The pension age is relevant to some Protect members as ATO rules only allow you to claim genuine redundancy up to your pension age.
No, there is now just one Protect account
Protect has one severance account that combines the best features of our old genuine redundancy (GRA) and termination (TER) accounts. The new account allows you to claim at any time that you leave employment AND it offers the best tax rates applicable to your termination event.
Members are not required to do anything to take advantage of this change. If you previously had a TER or GRA account you now have the new account in place and your membership number remains the same.
Why did Protect roll the two account types in to one account?
Protect were proudly the first severance scheme to offer members a choice of account types so workers could either claim in a wide range of circumstances OR choose a redundancy only account that allowed for a tax free component. In December 2019 however, we obtained Australian Tax Office approval to combine the benefits of both accounts in to one account allowing us to pay severance claims to workers based on the event which caused their employment to terminate.
More options
You will still be able to access tax free initial claims on a genuine redundancy. In addition, you will be able to lodge a claim should you resign, or your employment is terminated for any reason other than redundancy. Under the old account, you were unable to access your severance if your employment terminated for any reason other than redundancy or retirement, now you can!
Members are not required to do anything to take advantage of the change to one account type. Your Protect member number remains the same.
Potential for tax savings
Previously all claims payable on a TER account, were subject to tax. Under the new rules, if your employment terminates due to a genuine redundancy, your initial claim will be paid tax free.
Members are not required to do anything to take advantage of the change to one account type. Your Protect member number remains the same.
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