Emergency Services Superannuation Act 1986
20EDeath of contributor or police recruit
Start here
Get a plain-English read of 20E
Turn the raw legal text into a practical explanation grounded in Emergency Services Superannuation Act 1986.
20E Death of contributor or police recruit
S. 20E(1) amended by Nos 32/2005 s. 4, 61/2013 s. 7(1).
(1) Subject to subsection (7A), upon the death of a contributor who is an operational staff member before the age of 55, or if not an operational staff member before the age of 60, the Board must pay to the dependants, or, if there are none, to the nominees, a lump sum equal to the accrued benefit which would have been payable if—
(a) in the case of an operational staff member—
(i) the membership of the contributor had continued and terminated at the age of 55 years; and
(ii) the salary of the contributor at age 55 had been the salary at the date of death; and
(iii) the contributor had been permitted from the date of death to contribute the maximum rate available to the contributor under this Part and elected to contribute at that rate; or
(b) in the case of any other contributor—
(i) the membership of the contributor had continued and terminated at the age of 60 years; and
(ii) the salary of the contributor at age 60 had been the salary at the date of death; and
(iii) the contributor had been permitted from the date of death to contribute the maximum rate of 5% and elected to contribute at that rate.
S. 20E(2) amended by Nos 40/2004 s. 16, 61/2013 s. 7(2).
(2) Subject to subsection (7A), upon the death of a contributor who is an operational staff member at or after the age of 55, or if not an operational staff member at or after the age of 60, the Board must pay to the dependants or, if there are none, to the nominees, a lump sum equal to the accrued benefit of the contributor at the date of death calculated using the salary of the contributor at the date of his or her death.
(3) Prospective membership of a contributor who was at any time a part-time contributor is to be calculated proportionately according to the ratio the service rendered by the contributor in the 3 years preceding death or during the total service of the contributor (whichever is less) bears to the service that would have been required of a person in similar employment throughout that period on a full-time basis.
S. 20E(4) amended by No. 61/2013 s. 7(3).
(4) Subject to subsection (7A), where a contributor who is not an operational staff member and who is not a transferred officer dies as the result of traumatic bodily injury suffered in the course of employment, the Board must pay to the dependants or, if there are none, to the nominees, a supplementary lump sum equal to the lesser of—
(a) 40% of the lump sum under subsection (1); or
S. 20E(4)(b) amended by No. 36/2019 s. 8(1).