Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 44

Entitlement of spouse to pension or gratuity

44. Entitlement of spouse to pension or gratuity



(1) Where a member of the force dies-

   (a)  whilst serving in the force;

   (b)  whilst entitled to a pension under this Division; or

   (c)  in consequence of any disease or injury on account of which he retired
        from the force-

his spouse shall, unless she is entitled under subsection (2) to a spouse's
special pension, be entitled, subject to this Division, to a spouse's ordinary
pension.

(2) Where a member or retired member of the force dies from the effect of an
injury received in the execution of his duty without his own default, his
spouse shall, if the injury was non-accidental, be entitled, subject to this
Division, to a spouse's special pension.

(3) A spouse who is entitled to a pension under this Division may apply to the
ESS Board for a gratuity in lieu of the whole or any part thereof; and the ESS
Board may if it thinks fit grant to any spouse who is entitled to such a
pension a gratuity in lieu of the whole or any part thereof.

(4) No benefit is payable under this Division to a spouse who became the
spouse of a retired member of the force only after he or she had finally
ceased to be a member of the force and within 2 years of the death of the
retired member of the force.

(5) If a spouse who became the spouse of a retired member of the force after
he or she had finally ceased to be a member of the force was more than 5 years
younger than the retired member of the force then any pension payable to that
spouse is to be reduced to the pension that, in the opinion of an actuary
appointed by the ESS Board, is the actuarial equivalent at the date of
becoming the spouse of the retired member of the force of the pension that
would have been payable if the spouse was 5 years younger than the member of
the force.

(6) A person is not entitled to receive under this Division at the same time
more than one pension but is entitled to whichever of those pensions is the
greater.

(7) Despite anything in this Division, only one spouse pension is payable in
the case of the death of any one member of the force or retired member of the
force, and if after the ESS Board has made reasonable enquiries more than one
person should appear to the ESS Board to qualify for a spouse pension then-

   (a)  if the member of the force or retired member of the force has by
        request in writing to the ESS Board directed that the spouse pension
        be paid wholly to one of the persons qualified to receive it or that
        each be paid part, the ESS Board must give effect to the expressed
        intentions;

   (b)  if paragraph (a) does not apply, the ESS Board must in its absolute
        discretion determine which of the persons who qualifies is to receive
        the pension or must apportion it between them as the ESS Board
        considers appropriate.



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