VICIn ForceAct
Emergency Services Superannuation Act 1986
21FDisability and death cover under ESSPLAN
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21F Disability and death cover under ESSPLAN
S. 21F(1) amended by No. 43/2008 s. 13(1).
(1) Subject to this section and section 21G, each member who is not an eligible beneficiary and who does not have an entitlement to any disability or death benefit under Part 3AA has, as from the date of commencing to be a member, disability and death benefits cover at a level determined from time to time by the Board.
(2) The Board may determine the level of disability and death benefits cover on any basis that the Board considers appropriate, including any of the following—
(a) as a fixed dollar amount for each member;
(b) as a dollar amount varying according to the age of the member or some other determinate factor;
(c) as the difference between a fixed dollar amount and the member's account balance from time to time.
(3) A member is not covered in the event of disability or death during the period of 2 years from the commencement of membership of the Scheme which the Board determines on the advice of a registered medical practitioner is a direct consequence of a medical condition which was pre-existing at the commencement of membership and is a medical condition in respect of which a contract of insurance is not available at a reasonable cost.
S. 21F(4) substituted by No. 43/2008 s. 13(2).
(4) Unless the Board otherwise determines, a member's disability and death benefits cover in force under this section ceases 30 days after section 21B(10) applies to that member.
S. 21F(5) amended by No. 43/2008 s. 13(3).
(5) A member who is not a casual employee or part-time contributor or who does not have an entitlement to any disability or death benefit under Part 3AA may subject to such conditions as are determined by the Board apply in accordance with this section to terminate, change or reinstate his or her disability and death benefits cover.
(6) An application for death and disability cover—
S. 21F(7) amended by No. 40/2010 s. 11.
(7) The Board may require a member or a contributor to submit to any medical examinations that the Board considers necessary or expedient to determine the appropriate level and cost of disability and death benefits cover for the member or contributor.
(8) The Board may obtain any evaluation of any medical examinations or other information provided as the Board considers appropriate.
(9) The Board may—
(a) approve an application; or
(b) approve an application subject to any variations the Board considers appropriate; or
(c) in the case of an application to change or reinstate the level of cover, refuse the application on the ground that the applicant has failed to pass a medical examination or has not complied with any requirement made by the Board; or
(d) in the case of an application to terminate, change or reinstate the level of cover, refuse the application on any other ground that it considers appropriate.
(10) If the Board approves an application (with or without variations) the Board must determine the day as from which disability and death benefits cover is to be terminated, changed or reinstated.
(11) If the Board refuses an application the Board must advise the applicant of the refusal.
S. 21F(12) repealed by No. 43/2008 s. 13(4).
S. 21FA inserted by No. 43/2008 s. 14.
21FA Optional additional disability and death cover under ESSPLAN
(1) The Board may in accordance with this section offer optional additional disability and death cover to members whom the Board determines are eligible.
(2) The Board may determine the level of optional additional disability and death cover and the basis on which and the terms and conditions that are to apply.
(3) An application for optional additional disability and death cover—
S. 21FA(4) amended by No. 40/2010 s. 12.
(4) For the purposes of this section, the Board may require a member to submit to any medical examination that the Board considers necessary or expedient to determine the appropriate level and cost of optional additional disability and death cover for the member.
(5) The Board may obtain any evaluation of any medical examination or other information provided as the Board considers appropriate.
S. 21G inserted by No. 82/1996 s. 11.