Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 46A

Member may elect to increase spouse's pension entitlement in certain circumstances

46A. Member may elect to increase spouse's pension entitlement in certain
circumstances









(1) A member of the police force to whom this Part applies may at any time not
more than six months and not less than three months before attaining the age
of his retirement make a proposal to increase the pension that would be
payable to his spouse should he predecease the spouse after his retirement in
consideration of-

   (a)  a reduction of the amount of pension that would be payable to him
        after his retirement; or

   (b)  a payment to the ESS Board.





(2) A member may not propose an increase in the pension payable to the spouse
if the increase in the spouse's pension would make the spouse's pension more
than two-thirds of the pension that would be payable to the member upon his
retirement disregarding the reduction (if any) proposed to be made.

(3) Every such proposal shall be in writing in the prescribed form signed by
the member, shall be lodged with the ESS Board and shall specify (as the case
requires) the amount by which the member proposes to reduce his pension or the
amount he proposes to pay to the Board for the purchase of an increase in his
spouse's pension or both the amount so proposed to be reduced and the amount
so proposed to be paid.

(4) The ESS Board must-

   (a)  arrange for the member to be examined by a registered medical
        practitioner appointed by the ESS Board; and

   (b)  forward to an actuary appointed by the ESS Board the medical report
        prepared under paragraph (a) together with any information that the
        ESS Board considers the actuary may require in relation to the
        member's proposal.

(5) The actuary shall consider the information and medical report and shall
advise the Board on the member's proposal and certify the amount of the
increase in the spouse's pension that would in the opinion of the actuary be
justified as a result of the proposed reduction in the member's pension or the
proposed payment by the member.

(6) If the Board approves the member's proposal the Board shall notify the
member in writing of such approval and of the amount certified to the Board by
the actuary in accordance with the provisions of subsection (5).

(7) If the member notifies the Board in writing prior to his retirement that
he accepts the amount of increase certified by the actuary-

   (a)  the pension payable to him on his retirement shall be reduced by the
        amount proposed by him and the amount of his spouse's pension shall be
        increased by the amount certified to the Board by the actuary and
        accepted by the member prior to his retirement; and

   (b)  in the case of a proposal to purchase an increase in the spouse's
        pension on payment of the amount proposed by the member to the Board
        the amount of his spouse's pension shall be increased by the amount
        certified to the Board by the actuary and accepted by the member prior
        to his retirement.