New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 11D

11D Grant of superannuation allowance to surviving spouse or de facto partner of certain former members

(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 5 [1] to the Superannuation Legislation Amendment Act 2002 , an eligible spouse or de facto partner of the former member is entitled:

(a) if the former member and the eligible spouse or de facto partner had been married or living in the relationship for 3 years or more immediately before the death-to receive a superannuation allowance equivalent to 62.5% of the superannuation allowance that would have been payable to the former member from time to time if that former member had not died, or

(b) if the former member and the eligible spouse or de facto partner had been married or living in the relationship for less than 3 years immediately before the death-to receive a superannuation allowance equivalent to 62.5% of the superannuation allowance that would have been payable to the former member from time to time if that former member had not died, but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years.

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

(a) is not payable to the eligible 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 eligible 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.

(2A) 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.

(3) In this section:
"eligible spouse or de facto partner" of a former member of the police force means a person:

(a) who became the spouse or de facto partner of the former member after the former member had been granted a superannuation allowance, and

(b) who has or had in his or her marriage or relationship with the former member a child, being:

(i) a child of the eligible spouse or de facto partner and the former member who was, in the opinion of the trustees, wholly or substantially dependent on the former member at any time during the marriage or relationship, or

(ii) a child of the former member who was conceived before and born alive after the death of the former member.