New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 12

12 Superannuation allowance where a member or former member dies as a result of being hurt on duty

(1) Subject to this section, where:

(a) a member of the police force dies, or

(b) a former member of the police force dies,

and his or her death is determined, pursuant to section 12C or on appeal, to have been caused by the member being hurt on duty or by the former member having been hurt on duty when he or she was a member of the police force, as the case may be, STC may authorise the payment to or on behalf of:

(c) the spouse or de facto partner, father, mother or children of the member or former member, or

(d) any other relatives (including dependants within the meaning of Division 1 of Part 3 of the Workers Compensation Act 1987 ) wholly or partly dependent upon the member or former member at the time of his or her death,

of an annual superannuation allowance of such amount as STC determines, not exceeding the rate prescribed by subsection (1AA).

(1AA) The prescribed rate for the purposes of subsection (1) is:

(a) in the case of the death of a member of the police force:

(i) 55 per cent of the attributed salary of office of the deceased member at the time of death, and

(ii) if, in the opinion of STC, the member was hurt on duty because the member was required to be exposed to risks to which members of the general workforce would normally not be required to be exposed in the course of their employment, an additional rate that is not more than 7.5 per cent of that attributed salary of office and that is, in the opinion of STC, commensurate with the risks to which the member was required to be exposed,

multiplied by the equivalent service ratio for the member as at the member’s date of death, or

(b) in the case of the death of a former member of the police force, the greater of the following rates:

(i) 55 per cent of the attributed salary of office of the deceased former member at the time of the former member’s discharge, resignation or retirement, as increased or reduced pursuant to subsection (3A), multiplied by the equivalent service ratio for the member at that time,

(ii) 62.5 per cent of the annual superannuation allowance received by, or payable to, the former member at the date of death.

(1A) A person who is granted an annual superannuation allowance under this section may elect, by notice in writing served on STC within the time specified by it, to be paid a gratuity equivalent to the gratuity prescribed by section 13 and, if the person so elects, the person shall be paid that gratuity instead of that allowance.

(1B) For the purposes of subsection (1A), a reference in section 13, in its application to a former member of the police force, to the rate of the member’s attributed salary of office at the date of the member’s death shall be construed as a reference to the rate of attributed salary of office that the member would have received at the date of the member’s death had the member continued in the police force without promotion.

(1C) Where 2 or more persons are each granted part of an annual superannuation allowance under this section and some but not all of those persons make an election under subsection (1A), all or none of those persons shall be deemed to have made that election, whichever STC determines.

(1D) An annual superannuation allowance under this section shall not be payable as a consequence of the death of a former member of the police force who:

(a) wholly commuted under Division 3 a superannuation allowance that previously became payable to the former member under this Act, or

(b) has been paid a disengagement benefit under section 8A.

(2) If a superannuation allowance payable to a member or 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 or former member is to be reduced by the proportion that the commuted part of the superannuation allowance bears to the whole of the superannuation allowance.

(3A) For the purposes of subsection (1AA) (b) (i), where a person is granted an annual superannuation allowance under this section as a consequence of the death of a former member of the police force, the allowance shall, at the time it first becomes payable, be increased or reduced, as the case may require, by the total amount (if any) that it would have been increased or reduced under Division 2 or any other provision of this Act if it had been granted when the former member was discharged, or resigned or retired, from the police force.

(3B) If STC has made a determination under section 14AA in relation to an annual superannuation allowance payable under this section, the amount of the allowance is reduced by the amount specified in STC’s determination.

(4) STC may authorise the payment of an annual superannuation allowance under this section upon such conditions, and for such time, as STC determines.

(5) STC may adjust or discontinue an annual superannuation allowance granted under this section before or after the commencement of Part 4 of the Police Regulation (Superannuation) Amendment Act 1974 .

(6) Any annual superannuation allowance paid under this section to the spouse or de facto partner of a member, or former member, of the police force is subject to section 23.