---
title: "Reversionary pension nomination and trustee acceptance (SMSF account-based pension)"
url: "https://ailawframework.com/precedents/superannuation/reversionary-pension-nomination"
type: "precedent"
site: "AI Law Framework"
id: "a27-reversionary-pension-nomination"
area_id: "A27"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A27-T1-R3"]
law_stated_as_at: "2026-10-18"
---

# Reversionary pension nomination and trustee acceptance (SMSF account-based pension)

> A member's nomination that an SMSF account-based pension revert automatically to a dependant on death, with the trustee's acceptance, the dependant check, the interaction with any binding death benefit nomination and…

Canonical page: https://ailawframework.com/precedents/superannuation/reversionary-pension-nomination  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

A member's nomination that an SMSF account-based pension revert automatically to a dependant on death, with the trustee's acceptance, the dependant check, the interaction with any binding death benefit nomination and the transfer balance account timing.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Superannuation](https://ailawframework.com/precedents/superannuation.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 2 authorities it cites, for Australia.

## When to use it

Use when an SMSF member wants a surviving spouse or other dependant to continue receiving their pension automatically on death, ideally when the pension starts. If a pension is already running, check whether the deed allows reversionary terms to be added or whether the pension must be restarted. Not for a lump sum death benefit; use the binding death benefit nomination.

## Used for these tasks

- [Draft a death-benefit or beneficiary nomination and validity checklist](https://ailawframework.com/practice/superannuation/draft-a-death-benefit-or-beneficiary-nomination-and-validity-checklist.md)

## How AI may be used

AI may complete the nomination from the member's instructions and check it against the deed, the pension documents and any binding nomination; a lawyer confirms the beneficiary is a dependant, the deed permits it and the estate plan is consistent.

**AI may:**

- Fill the member, pension and beneficiary details from the instructions and pension records
- Compare the nomination with any binding death benefit nomination and the will and list inconsistencies
- Extract the deed clauses on reversionary pensions and death benefits for the lawyer to read

**AI must not:**

- Must not decide that the nominated person is a dependant or that the deed permits the nomination
- Must not choose between reversionary and non-reversionary terms, or advise on transfer balance cap outcomes
- Must not alter an existing pension's terms without the trustee's resolution

**The lawyer checks:**

- Nominated person is a dependant who can receive a death benefit income stream (for example a spouse), and the deed permits automatic reversion
- Nomination is consistent with any binding death benefit nomination and the member's will
- Transfer balance cap effect for the survivor considered, including the 12-month deferral of the credit
- Trustee acceptance minuted and the nomination kept with the pension documents

## Authorities

- [Australian Taxation Office, Income stream (pension) rules and payments: a pension ends on the member's death unless a dependent beneficiary is automatically entitled to a reversionary pension; a pension can only be transferred on death to a dependant beneficiary](https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/self-managed-super-funds-smsf/paying-smsf-benefits/income-stream-pension-rules-and-payments)
- [Australian Taxation Office, Transfer balance account: credit for a reversionary income stream arises 12 months after the date of death](https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/super/withdrawing-and-using-your-super/retirement-withdrawal-lump-sum-or-income-stream/transfer-balance-account)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/superannuation/reversionary-pension-nomination and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
