Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 20L

Restriction of death and disability benefits

20L. Restriction of death and disability benefits



(1) Full death and disability benefits must be granted-

   (a)  to all operational staff members; and

   (b)  to all other transferred officers who were entitled to full death and
        disability benefits under a prior fund.

(2) Any other contributor may at the discretion of the Board be requested to-

   (a)  furnish to the Board a personal statement verified in any manner that
        the Board may require with respect to age, occupation, medical
        history, condition of health and any other matters that the Board
        considers necessary or expedient; and

   (b)  undergo any examination by a registered medical practitioner,
        nominated by the Board, that the Board may consider necessary or
        expedient.

(3) The Board not later than 2 months after it receives the personal statement
and report of the medical examination in accordance with subsection (2), must
determine whether the contributor is subject to a health impairment which
could provide grounds for a claim for disability benefits from the Scheme
within 3 years and if the Board so determines may declare the contributor to
be a restricted benefits contributor.

(4) A contributor required to furnish information to the Board under
subsection (2) is to be treated as a restricted benefits contributor until the
expiration of the period of 2 months specified in subsection (3) or any
earlier date that the Board decides that the contributor is not a restricted
benefits contributor.

(5) The benefit payable in the event of the death or disability of a
restricted benefits contributor is the accrued benefit for that contributor or
such greater amount as the Board may determine and advise in writing to the
contributor.





(6) If the service of a contributor terminates by reason of death, or whilst
suffering from disability that is caused by traumatic bodily injury suffered
by the contributor within 12 months (or such longer period as is approved by
the Board) prior to the termination of service, the Board may determine that
any restriction imposed under this section be waived.

(7) A restricted benefits contributor may within 2 months of a determination
by the Board under subsection (3) and at any further intervals that the Board
may determine, apply to the Board for reconsideration of the determination.

(8) The Board may require a contributor making application under subsection
(7) to provide any further evidence of health or undergo any further medical
examinations that the Board considers necessary or expedient.