Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 21F

Disability and death cover under ESSPLAN

21F. Disability and death cover under ESSPLAN







(1) Subject to this section and section 21G, each member who is not an
eligible beneficiary and who does not have an entitlement to any disability or
death benefit under Part 3AA has, as from the date of commencing to be a
member, disability and death benefits cover at a level determined from time to
time by the Board.

(2) The Board may determine the level of disability and death benefits cover
on any basis that the Board considers appropriate, including any of the
following-

   (a)  as a fixed dollar amount for each member;

   (b)  as a dollar amount varying according to the age of the member or some
        other determinate factor;

   (c)  as the difference between a fixed dollar amount and the member's
        account balance from time to time.

(3) A member is not covered in the event of disability or death during the
period of 2 years from the commencement of membership of the Scheme which the
Board determines on the advice of a registered medical practitioner is a
direct consequence of a medical condition which was pre-existing at the
commencement of membership and is a medical condition in respect of which a
contract of insurance is not available at a reasonable cost.

(4) Unless the Board otherwise determines, a member's disability and death
benefits cover in force under this section ceases 30 days after section
21B(10) applies to that member.

(5) A member who is not a casual employee or part-time contributor or who does
not have an entitlement to any disability or death benefit under Part 3AA may
subject to such conditions as are determined by the Board apply in accordance
with this section to terminate, change or reinstate his or her disability and
death benefits cover.



(6) An application for death and disability cover-

   (a)  must be in the form approved by the Board; and

   (b)  must be accompanied by any information required by the Board.

(7) The Board may require a member or a contributor to submit to any medical
examinations that the Board considers appropriate.

(8) The Board may obtain any evaluation of any medical examinations or other
information provided as the Board considers appropriate.

(9) The Board may-

   (a)  approve an application; or

   (b)  approve an application subject to any variations the Board considers
        appropriate; or

   (c)  in the case of an application to change or reinstate the level of
        cover, refuse the application on the ground that the applicant has
        failed to pass a medical examination or has not complied with any
        requirement made by the Board; or

   (d)  in the case of an application to terminate, change or reinstate the
        level of cover, refuse the application on any other ground that it
        considers appropriate.

(10) If the Board approves an application (with or without variations) the
Board must determine the day as from which disability and death benefits cover
is to be terminated, changed or reinstated.

(11) If the Board refuses an application the Board must advise the applicant
of the refusal.



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