VICIn ForceAct
Emergency Services Superannuation Act 1986
20LRestriction of death and disability benefits
Start here
Get a plain-English read of 20L
Turn the raw legal text into a practical explanation grounded in Emergency Services Superannuation Act 1986.
20L Restriction of death and disability benefits
(1) Full death and disability benefits must be granted—
(a) to all operational staff members; and
(b) to all other transferred officers who were entitled to full death and disability benefits under a prior fund.
S. 20L(2) amended by No. 40/2010 s. 7.
(2) Any other contributor may at the discretion of the Board be requested to—
(a) furnish to the Board a personal statement verified in any manner that the Board may require with respect to age, occupation, medical history, condition of health and any other matters that the Board considers necessary or expedient; and
S. 20L(2)(b) amended by No. 40/2010 s. 7.
(b) undergo any examination by a registered medical practitioner, nominated by the Board, that the Board may consider necessary or expedient—
for the purposes of this section.
(3) The Board not later than 2 months after it receives the personal statement and report of the medical examination in accordance with subsection (2), must determine whether the contributor is subject to a health impairment which could provide grounds for a claim for disability benefits from the Scheme within 3 years and if the Board so determines may declare the contributor to be a restricted benefits contributor.
(4) A contributor required to furnish information to the Board under subsection (2) is to be treated as a restricted benefits contributor until the expiration of the period of 2 months specified in subsection (3) or any earlier date that the Board decides that the contributor is not a restricted benefits contributor.
(5) The benefit payable in the event of the death or disability of a restricted benefits contributor is the accrued benefit for that contributor or such greater amount as the Board may determine and advise in writing to the contributor.
(6) If the service of a contributor terminates by reason of death, or whilst suffering from disability that is caused by traumatic bodily injury suffered by the contributor within 12 months (or such longer period as is approved by the Board) prior to the termination of service, the Board may determine that any restriction imposed under this section be waived.
(7) A restricted benefits contributor may within 2 months of a determination by the Board under subsection (3) and at any further intervals that the Board may determine, apply to the Board for reconsideration of the determination.
(8) The Board may require a contributor making application under subsection (7) to provide any further evidence of health or undergo any further medical examinations that the Board considers necessary or expedient.
S. 20M inserted by No. 82/1996 s. 10, amended by No. 65/2008 s. 11(2) (ILA s. 39B(1)).