Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 20E

Death of contributor or police recruit

20E. Death of contributor or police recruit





(1) Upon the death of a contributor who is an operational staff member before
the age of 55, or if not an operational staff member before the age of 60, the
Board must pay to the dependants, or, if there are none, to the nominees, a
lump sum equal to the accrued benefit which would have been payable if-

   (a)  in the case of an operational staff member-

   (i)  the membership of the contributor had continued and terminated at the
        age of 55 years; and

   (ii) the salary of the contributor at age 55 had been the salary at the
        date of death; and

   (iii) the contributor had been permitted from the date of death to
        contribute the maximum rate available to the contributor under this
        Part and elected to contribute at that rate; or

   (b)  in the case of any other contributor-

   (i)  the membership of the contributor had continued and terminated at the
        age of 60 years; and

   (ii) the salary of the contributor at age 60 had been the salary at the
        date of death; and

   (iii) the contributor had been permitted from the date of death to
        contribute the maximum rate of 5% and elected to contribute at that
        rate.

(2) Upon the death of a contributor who is an operational staff member at or
after the age of 55, or if not an operational staff member at or after the age
of 60, the Board must pay to the dependants or, if there are none, to the
nominees, a lump sum equal to the accrued benefit of the contributor at the
date of death calculated using the salary of the contributor at the date of
his or her death.

(3) Prospective membership of a contributor who was at any time a part-time
contributor is to be calculated proportionately according to the ratio the
service rendered by the contributor in the 3 years preceding death or during
the total service of the contributor (whichever is less) bears to the service
that would have been required of a person in similar employment throughout
that period on a full-time basis.



(4) Where a contributor who is not an operational staff member and who is not
a transferred officer dies as the result of traumatic bodily injury suffered
in the course of employment, the Board must pay to the dependants or, if there
are none, to the nominees, a supplementary lump sum equal to the lesser of-

   (a)  40% of the lump sum under subsection (1); or

   (b)  the difference between 8×40 times the salary and the lump sum under
        subsection (1).

(5) If a beneficiary is under the age of 18 years or if in the opinion of the
Board it would be in the best interests of a beneficiary, the Board may pay
any benefit under this section to other persons selected by the Board for the
benefit of the beneficiary.

(6) On the termination of the service of a police recruit because of death,
the Board must pay to the dependants, in the proportions that the Board
determines, a lump sum equal to the lesser of-

   (a)  8×40 times the salary of the police recruit at the date of death; or

   (b)  the multiple of the salary of the police recruit which would have
        become payable under this section if the police recruit had become a
        contributor to the scheme and had died on the day of first becoming
        eligible to take and subscribe an oath under section 13 of the
        Police Regulation Act 1958.

(7) The Board must not make a payment in respect of the death of a police
recruit or former police recruit if the Board is unable, after making
reasonable enquiries, to locate the person entitled to it.

(8) Upon acceptance of a payment under this section, the Board is released
from any liability to make any further payments to, or in respect of, any
entitlements of the deceased and this Act ceases to apply.