Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Benefits payable
in respect of a member upon or after the member’s death shall be paid
from the Fund by the Board —
(a) to
or for the benefit of the dependants of the member; or
(b) to
the legal personal representative of the member.
(2) Any payment of a
benefit under subregulation (1) may at the discretion of the Board be
made or paid —
(a) to
either the dependants of the member or his legal personal representative or
both;
(b) to
any one or more of the dependants of the member to the exclusion of the others
of them; and
(c) in
such shares or proportions as the Board thinks fit and without the Board being
under any obligation to ensure equality between the persons to whom payment is
made.
(3) Before exercising
its discretion under subregulation (2) the Board shall
consider —
(a) the
will (if available) of the member;
(b) any
nomination that the member may have made under regulation 25; and
(c) such
other matters as the Board considers relevant.
(4) Where under this
regulation any sum is payable to or for the benefit of a
minor —
(a) the
Board may pay that sum (without being responsible to see to its
application) —
(i)
to the parent or guardian of the minor or to any other
person who appears to have the custody or control of the minor or with whom
the minor resides; or
(ii)
to a trustee corporation to be held in trust under such
terms and conditions as determined by the Board for the benefit of the minor
until the minor ceases to be a minor;
and
(b) the
receipt of that parent or guardian, or that other person, or the trustee
corporation for any sum so paid shall be a good discharge to the Board for
that sum.
(5) In
subregulation (4) trustee corporation means the Public Trustee in and of
a State or any company authorised by an Act of a State to administer the
estates of deceased persons and other trust estates.