New South Wales Consolidated Acts

STATE AUTHORITIES NON-CONTRIBUTORY SUPERANNUATION ACT 1987 - SECT 31

31 Payment without grant of probate etc

(1) Where an employee or former employee or a non-employee spouse dies and:

(a) a benefit or family law superannuation payment is or becomes payable under this Act in relation to the deceased,

(b) production to STC of probate of the will, or letters of administration of the estate, of the deceased has not been arranged, and

(c) STC has not, within the period of 3 months that next succeeds the death of the deceased, received a notice of intention to apply for a grant of probate of the will, or letters of administration of the estate, of the deceased,

STC may, if it so decides, make a payment of the whole or any part of the benefit or family law superannuation payment in accordance with subsection (2), being a payment that does not exceed $50,000 or, where some other amount is prescribed for the purposes of this section, that other amount.

(2) Where STC makes a decision under subsection (1), STC may:

(a) pay the whole or any part of the amount of the benefit or family law superannuation payment to an eligible person within the meaning of Chapter 3 of the Succession Act 2006 ,

(b) after paying the funeral expenses of the deceased or reimbursing a person who has paid those expenses-pay the whole or any part of the balance to any person referred to in paragraph (a), or

(c) in special circumstances, pay the whole or any part of the amount of the benefit or family law superannuation payment, or the balance referred to in paragraph (b), to some other person.

(3) Where an employee or former employee or a non-employee spouse dies and STC is of the opinion that proceedings might be instituted under Chapter 3 of the Succession Act 2006 in relation to the estate, or notional estate, of the deceased, STC may, despite any other provision of this Act, pay to the personal representatives of the deceased any benefit or family law superannuation payment that, but for this subsection, would have been paid to some other person.