New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 28

28 Benefit for certain dependants

(1) Subject to this section, where the employment of a contributor ceases because of his death, there shall be paid from the fund to:

(a) his widow,

(b) if he died without leaving a widow-any child of his or his spouse who was, in the opinion of the Board, dependent on him immediately before his death, or

(c) if he died without leaving a widow and there is no such child-any other person who was, in the opinion of the Board, dependent on him immediately before his death,

a lump sum benefit of an amount specified in subsection (2).

(2) The amount payable under subsection (1) to a person referred to therein is:

(a) in the case of a contributor who, before he died, had completed not less than ten years’ service or, if he had attained the age of 60 years before he died, had completed not less than 5 years’ service:

(i) if the contributor would, had he retired, or had he been retired, immediately before he died, have been entitled to a lump sum benefit-an amount equal to the total amount of that lump sum benefit, or

(ii) if the contributor would, had he retired, or had he been retired, immediately before he died, not have been so entitled-an amount equal to the amount by reference to which his pension would have been calculated, or

(b) in any other case-an amount equal to the amount that would have been payable under section 30 had it applied to and in respect of the contributor immediately before he died.

(3) Where a contributor with not less than 5 years’ service dies aged sixty years or more and does not leave a widow or any dependant, there shall be paid from the Fund to his personal representatives or, where he has no personal representatives, to such other person or persons as the Board may determine, an amount equal to the amount that, pursuant to subsection (2) (a) would have been payable from the Fund had he left a widow or dependant.

(4) Where a contributor dies and a benefit is not payable pursuant to subsection (1) or (3), there shall be paid from the Fund to his personal representatives or, where he has no personal representatives, to such person or persons as the Board may determine, a lump sum benefit of an amount equal to the amount that would have been payable under section 30 had it applied to and in respect of the contributor immediately before he died.

(5) Where a child is eligible to receive a lump sum benefit under this section, the Board:

(a) may, if there is a guardian of the child and the Board is satisfied that the amount of the benefit or some part thereof would, if paid to the guardian, be used for the maintenance, education and advancement of the child, pay that amount or part to the guardian, or

(b) may, if the Board is not so satisfied or if there is no such guardian, expend the amount of the benefit, or any part thereof, for the benefit of the child in such manner as is determined by the Board.

(6) Where more than one person is entitled to a benefit under this section, the Board shall apportion the benefit among them as it thinks fit.

(7) The payment of any benefit or part of a benefit by the Board under this section discharges the Board and the Fund from all liability in respect of the benefit or part.