Aslami v Board of Trustees of the State Public Sector Superannuation Scheme as Trustee for the QSuper Fund

The case of Aslami v Board of Trustees of the State Public Sector Superannuation Scheme as Trustee for the QSuper Fund involved an appeal by Mr Aslami against a decision of the Superannuation Complaints Tribunal (Tribunal) to affirm a decision of the Board of Trustees of the State Public Sector Superannuation Scheme (Trustee) to decline his claim for a total and permanent disablement benefit. The appeal raised questions about the construction of the phrase "education, training or experience" as it appeared in the Trust Deed, the timing of the assessment of Mr Aslami’s education, training, or experience, and whether the Tribunal adopted the correct approach and applied the correct test in reaching its decision.

The court considered the submissions of both Mr Aslami and the Trustee, focusing on paragraphs [60]–[71] of the Tribunal's reasons, where it was argued that the Tribunal misconstrued the definition of "total and permanent disablement" in the Trust Deed by considering Mr Aslami's education, training, or experience as of the date he last physically worked for TAFE in May 2014, rather than the date he first ceased to be at work due to his psychological condition in June 2012. The Trustee argued that the correct date for assessment was the date Mr Aslami last physically worked for TAFE in May 2014, and that the Trust Deed was concerned with the date on which an applicant shall be considered totally and permanently disabled for the purposes of calculating the benefit to be paid.

The court examined the relevant provisions of the Trust Deed, the medical evidence, and the factual findings about Mr Aslami's education, training, and experience. It concluded that the Tribunal's decision to affirm the Trustee's decision was fair and reasonable in the circumstances, and that the Tribunal had adopted the correct approach and applied the correct test. The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal to be taxed failing agreement.