20EDeath of contributor or police recruit

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). (b) the difference between 8⋅40 times the salary and the lump sum under subsection (1), or if the contributor's maximum multiple of 8.4 is reduced under section 20T(4), the difference between the reduced maximum multiple under section 20T(4) times the salary and the lump sum under subsection (1). S. 20E(5) amended by No. 61/2013 s. 7(4). (5) Subject to subsection (7A), if a beneficiary is under the age of 18 years or if in the opinion of the Board it would be in the best interests of a beneficiary, the Board may pay any benefit under this section to other persons selected by the Board for the benefit of the beneficiary. S. 20E(6) amended by Nos 61/2013 s. 7(5), 36/2019 s. 8(2). (6) Subject to subsection (7A), on the termination of the service of a police recruit because of death, the Board must pay to the dependants or, if there are none, to the nominees, in the proportions that the Board determines, a lump sum equal to the lesser of— (a) 8⋅40 times the salary of the police recruit at the date of death; or S. 20E(6)(b) amended by No. 37/2014 s. 10(Sch. item 54.4) (as amended by No. 21/2015 s. 3(Sch. 1 item 62.2)). (b) the multiple of the salary of the police recruit which would have become payable under this section if the police recruit had become a contributor to the scheme and had died on the day of first becoming eligible to take and subscribe an oath or affirmation under section 50 of the **Victoria Police Act 2013**. (7) The Board must not make a payment in respect of the death of a police recruit or former police recruit if the Board is unable, after making reasonable enquiries, to locate the person entitled to it. S. 20E(7A) inserted by No. 61/2013 s. 7(6). (7A) Subject to any specified standards, if the contributor or police recruit has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the contributor or police recruit that is payable under this section in accordance with the notice. (8) Upon acceptance of a payment under this section, the Board is released from any liability to make any further payments to, or in respect of, any entitlements of the deceased and this Act ceases to apply. S. 20E(9) inserted by No. 38/2009 s. 9. (9) This section applies to a protective services officer who was a contributor before section 3 of the **Superannuation Legislation Amendment Act 2009** comes into operation as if he or she continued not to be an operational staff member after that commencement. S. 20F inserted by No. 82/1996 s. 10.