New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 11AA

11AA Grant of superannuation allowance to the surviving spouse or de facto partner of a former member of the police force who dies after the commencement of Schedule 1.4 [10] to the Superannuation Legislation Amendment Act 1997

(1) If a former member of the police force to whom a superannuation allowance has been granted dies on or after the commencement of Schedule 1.4 [10] to the Superannuation Legislation Amendment Act 1997 , and that former member is survived by a person who:

(a) was the spouse or de facto partner of that former member both at the time of the former member’s death and at the time of the former member’s retirement (whether by disablement or otherwise), or

(b) in the case of a former member who retired because of disablement, was the spouse or de facto partner of that former member:

(i) both at the time of the former member’s death and for at least the preceding 3 years, and

(ii) became the spouse or de facto partner of the former member before the former member attained the age of 60 years,

that spouse or de facto partner is entitled to receive a superannuation allowance equivalent to 62.5 per cent of the superannuation allowance that would have been payable to that former member from time to time if that former member had not died.

(2) A superannuation allowance under subsection (1):

(a) is not payable to the surviving spouse or de facto partner of a deceased former member of the police force, if a superannuation allowance is payable to that spouse or de facto partner under section 12 or a gratuity is payable or has been paid to that spouse or de facto partner under section 12 (1A), and

(b) is not payable to the surviving spouse or de facto partner of a deceased former member of the police force who has wholly commuted a superannuation allowance under Division 3, and

(c) is subject to section 23.

(3) If a superannuation allowance payable to a former member of the police force was partially commuted under Division 3, the allowance payable under subsection (1) in respect of the death of the member is to be reduced by the proportion that the commuted part of the superannuation allowance bears to the whole of the superannuation allowance.