Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 21JA

Spouse Accounts

21JA. Spouse Accounts



(1) The Board may establish upon the request of an eligible spouse a special
arrangement called a spouse account.

(1A) Without limiting subsection (1), a person who-

   (a)  is an eligible spouse; and

   (b)  within the period of 3 months after the death of the member spouse
        applies in writing to the Board to become a member-

may, if the Board accepts the application to become a member, make a request
under subsection (1).

(2) The Board may accept for payment into a spouse account any amount in
respect of an eligible spouse.



(3) The Board must credit to a spouse's account-

   (a)  any eligible spouse contribution made in respect of that spouse; and

   (b)  any eligible spouse contribution made by the spouse; and

   (ba) subject to any specified standards, any other contributions made by,
        or in respect of, the eligible spouse; and

   (c)  any net earnings calculated on the basis of section 21L; and

   (d)  subject to any specified standards, any other amount payable to the
        spouse's account, including any amount rolled over, transferred or
        allotted from within the superannuation system.

(4) The Board must debit to a spouse's account-

   (a)  an amount determined by the Board in respect of management and
        administration costs incurred by the Board; and

   (b)  any net loss calculated on the basis of section 21L; and

   (c)  any amounts rolled over, transferred or allotted within the
        superannuation system; and

   (d)  any other amount payable by the spouse.



* * * * * 

(6) Section 23AA applies in respect of any payment out of a spouse account
under subsection (7) or (8) as if the payment were a benefit under this Act.





(7) The balance of a spouse account is payable-

   (a)  to the spouse on the request of the spouse, in a form approved by the
        Board; or

   (b)  unless subsection (7A) applies, in the case of the death of the
        spouse, to such one or more of the spouse's dependants and legal
        personal representatives and in such proportions of the whole of the
        balance as the Board in its absolute discretion determines.

(7A) Subject to any specified standards, if the eligible spouse has given the
Board a notice in the form approved by the Board, the Board must on the death
of the eligible spouse pay the balance of the spouse account in accordance
with the notice.

(8) The spouse may elect to-

   (a)  maintain the account in an investment fund in accordance with section
        21K; or

   (b)  roll over, transfer or allot the account balance within the
        superannuation system.