Police Regulation (Pensions) Act 1958

1 Short title and commencement 1

3 Definitions 2

Part I—Appointments and Retirements 13

7 Medical Board 16

16A Right to early retirement 20

Part III—Superannuation Gratuities Pensions Allowances and Funds 22

Division 1—Provisions applicable to members of the force appointed before November 25th 1902 22

21 Division to apply to appointments before 25 November 1902 22

22 Rate of superannuation allowance 22

23 Superannuation on account of ill health 23

24 Gratuity or yearly pension to members disabled in the performance of duty 23

25 Gratuity to members retiring from ill health 24

26 Conditions on which pensions are withdrawable 24

27 Members retiring after twenty years' service 25

28 Gratuity or pension to relatives where life lost on duty 25

29 Allowances of retiring members to be considered when estimating gratuity etc. 25

30 Dismissed members not entitled to pension 25

36 Time in other branches to count 26

37 Provision not to apply to transfer to police force from other public departments 26

38 Definition of service in this Division 27

Division 2—Provisions applicable to members of the force appointed on or after 25th November 1902 27

Introductory 27

39 Definitions 27

Application of this Division 29

40 Application to members of the force 29

Retirement pensions allowances and gratuities 31

42 Entitlement to pensions 31

42A Pensioner may elect to convert part of pension entitlement to lump sum payment entitlement 32

43 Pensions and gratuities to members of the force 33

44 Entitlement of partner to pension or gratuity 34

45 Allowances and gratuities to children and dependants 37

45A Registration of names of adult children 39

45B Registration of names of dependants 39

46 Scales of pensions, allowances and gratuities 40

46A Member may elect to increase partner's pension entitlement in certain circumstances 41

46B Amount of pension payable to pensioner 43

46C Disclosure of contents of medical reports 45

Approved service 45

47 Service to be reckoned for pension 45

Grant revision forfeiture and offences in respect of pensions 46

50 Assignment of benefits 47

51 Payment of benefits if person is incapable of managing
financial affairs 47

52 Penalty for obtaining pension etc. by fraud 47

Rateable deductions 48

54 Dismissal etc. for misconduct 48

Saving of right of dismissal and reduction 50

56 Saving of right of dismissal and reduction in rank 50

Division 3—Additional provisions 50

Provisions of 1948 and 1949 50

57 Definitions 50

58 Pensions of members who retired before 2 January 1948 50

59 Retrospective increase in certain widows' pensions 53

Provisions of 1950 56

60 Definitions 56

61 Increase of rates of pension to pensioners who retired before 30 June 1950 57

62 Increase of rates of pension to widows entitled to pension
before 30 June 1950 57

63 Appropriate retrospective adjustments to be made 58

Provisions of 1955 and 1958 59

64 Retrospective payments to pensioners widows and children already entitled to pensions etc. 59

Provisions of 1960 61

64A Basic rate of pension 61

General provision about final salary 61

64B Final salary for superannuation benefit purposes 61

Provision for indexation 63

64C Indexation of pensions 63

Division 4—ESS Board 65

66 Applications for pensions, gratuities etc. 65

67B Preservation of minimum benefit 66

Division 5—Beneficiary choice program 67

67C Definitions 67

67D Application to participate 68

67E Commutation 68

Part VI—Retired Police Reserve 73

104 Qualifications 73

Part VII—Miscellaneous Provisions 77

119 Governor may recommend increase of pensions etc. 77

130 Regulations 81

SCHEDULES 87

SCHEDULE 3 88

SCHEDULE 4—Scales of Pensions, Allowances and Gratuities 89

ENDNOTES 102

1. General Information 102

2. Table of Amendments 103

3. Explanatory Details 120

Version No. 162

Police Regulation (Pensions) Act 1958

No. 6338 of 1958

Version incorporating amendments as at

An Act to consolidate the Law relating to the Police Force in Victoria.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1
amended by Nos 6957
s. 4(1)(a), 7081
s. 15(2)(a)(b), 10250 s. 20, 81/2013 s. 278.

1 Short title and commencement

This Act may be cited as the Police Regulation (Pensions) Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 2
amended by No. 10087 s. 3(1)(Sch. 1 item 182), repealed by No. 35/1993
s. 4.

No. 3750 s. 3.

S. 3
amended by No. 120/1994
s. 7(1).

3 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of agency photograph inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Appeals Board inserted by No. 61/1999 s. 4(b), repealed by No. 77/2012 s. 4(b).

s. 3

S. 3(1) def. of appointed member inserted by No. 30/1999 s. 4, repealed by No. 61/1999 s. 4(a).

S. 3(1) def. of authorised media organisation inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Chief Commis-sioner inserted by No. 81/2013 s. 279(1).

Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

S. 3(1) def. of chief executive inserted by No. 34/2008 s. 133, repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of directed transfer inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Director inserted by No. 63/2004 s. 4(1)(a), amended by No. 34/2008 s. 142(1)(a), repealed by No. 13/2012 s. 11(1)(a).

s. 3

S. 3(1) def. of domestic partner inserted by No. 40/2010 s. 26(1)(a).

domestic partner of a person means—

(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom, in the opinion of the ESS Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of ESS Board inserted by No. 120/1994
s. 6(1)(a).

ESS Board means the Emergency Services Superannuation Board established under the Emergency Services Superannuation Act 1986;

S. 3(1) def. of former member of police personnel inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of IBAC inserted by No. 13/2012 s. 11(1)(b), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of IBAC Officer inserted by No. 13/2012 s. 11(1)(b), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of insolvent under administration inserted by No. 61/1999 s. 4(b), repealed by No. 4/2008 s. 32(Sch. item 24).

s. 3

S. 3(1) def. of journalism organisation inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of law enforcement agency inserted by No. 52/2007 s. 4(1), amended by Nos 13/2012 s. 11(1)(c), 82/2012 s. 164(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of legal practitioner inserted by No. 61/1999 s. 4(b), substituted by No. 18/2005 s. 18(Sch. 1 item 83), repealed by No. 81/2013 s. 279(3).

s. 3

S. 3(1) def. of media organisation inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of member of police personnel inserted by No. 52/2007 s. 4(1), amended by No. 85/2012 s. 124(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of member of staff of the Office of Police Integrity inserted by No. 63/2004 s. 4(1)(a), substituted by No. 34/2008 s. 142(1)(c), repealed by No. 13/2012 s. 11(1)(a).

the force means officers and other members of the police force of Victoria whether employed upon land or upon water;

s. 3

member of the force shall apply to every person (whether male or female) employed in the force;

S. 3(1) def. of Office of Police Integrity inserted by No. 63/2004 s. 4(1)(a), amended by No. 34/2008 s. 142(1)(b), repealed by No. 13/2012 s. 11(1)(a).

S. 3(1) def. of Ombudsman inserted by No. 32/2004 s. 9(1), repealed by No. 81/2013 s. 279(3).

Part means Part of this Act;

S. 3(1) def. of partner inserted by No. 40/2010 s. 26(1)(a).

partner of a person means the person's spouse or domestic partner;

S. 3(1) def. of Police Board inserted by No. 72/1992
s. 4, repealed by No. 61/1999 s. 4(a).

S. 3(1) def. of police force of another jurisdiction inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of police gaol inserted by No. 79/2004 s. 74, repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Police Ombudsman inserted by No. 32/2004 s. 9(1), repealed by No. 63/2004 s. 4(1)(b).

s. 3

S. 3(1) def. of Police Profession Register inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of police reservist inserted by No. 77/2012 s. 4(a), substituted by No. 81/2013 s. 279(2).

police reservist means a person who held office as a police reservist under Part VI immediately before the commencement of section 282 of the Victoria Police Act 2013;

S. 3(1) def. of prison inserted by No. 79/2004 s. 74, substituted by No. 48/2006 s. 42(Sch. item 28), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Professional Standards Division inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of professional standards function inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

s. 3

S. 3(1) def. of protected disclosure complaint inserted by No. 85/2012 s. 124(b), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of protective services officer inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of PRS Board inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

s. 3

S. 3(1) def. of PRS Board officer inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of public authority inserted by No. 34/2008 s. 133, repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of public officer inserted by No. 34/2008 s. 133, repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Registration Division inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

s. 3

S. 3(1) def. of registration function inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Review Division inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of review function inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).

S. 3(1) def. of Scheme inserted by No. 120/1994 s. 6(1)(a).

Scheme means the Emergency Services Superannuation Scheme established under the Emergency Services Superannuation Act 1986;

S. 3(1) def. of Special Investigations Monitor inserted by No. 79/2004 s. 74, repealed by No. 82/2012 s. 164(b).

s. 3

S. 3(1) def. of spouse inserted by No. 8722
s. 2(a), substituted by Nos 120/1994
s. 6(1)(b), 40/2010 s. 26(1)(b), amended by No. 82/2012 s. 164(c).

spouse of a person means the person to whom the person is, or was at the time of the person's death, married.

S. 3(1) def. of Victorian Inspectorate inserted by No. 82/2012 s. 164(d), repealed by No. 81/2013 s. 279(3).

S. 3(2) inserted by No. 120/1994
s. 7(2).

(2) In this Act (other than in sections 59 and 62)—

(a) words importing the feminine gender include the masculine gender; and

(b) words importing the masculine gender include the feminine gender.

S. 3(3) inserted by No. 120/1994
s. 7(2), amended by No. 40/2010 s. 26(2).

(3) Without limiting the generality of subsection (2), in this Act (other than in sections 59 and 62) a reference to "his widow" is to be construed as a reference to "his or her partner" where the member of the force or pensioner is deceased and other parts of speech and grammatical forms of "widow" are to be construed as having a corresponding meaning.

S. 3(4) inserted by No. 52/2007
s. 4(2), repealed by No. 81/2013 s. 280(4).

S. 3(5) inserted by No. 40/2010 s. 26(3).

(5) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

s. 3

(b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

Pt 1 (Heading) substituted by No. 7081
s. 15(3).

Part I—Appointments and Retirements

s. 4

S. 4 amended by Nos 6957 s. 2(a),
8097 s. 2,
8179 s. 3(a), 8487 s. 2,
9066 s. 2(a),
9527 s. 2,
9646 s. 2(1), 9906 s. 2,
10031 s. 4, 10250 s. 4(1), 15/1989 s. 4, 72/1992 s. 5, 35/1993 s. 5, 73/1996 s. 64, 30/1999 s. 5, 52/2003 s. 52(Sch. 1 item 9), 35/2012 s. 8, repealed by No. 81/2013 s. 280.

S. 4AA inserted by No. 73/1996 s. 65, repealed by No. 81/2013 s. 280.

S. 4AB inserted by No. 30/1999 s. 6, repealed by No. 81/2013 s. 280.

S. 4A
inserted by No. 72/1992 s. 6, repealed by No. 61/1999 s. 5.

S. 4B
s. 6, amended by No. 30/1999 s. 7, repealed by No. 61/1999 s. 5.

S. 4C
s. 6, repealed by No. 61/1999 s. 5.

s. 4B

S. 4D
s. 6, substituted by No. 30/1999 s. 8, repealed by No. 61/1999 s. 5.

S. 4E
s. 6,
amended by Nos 26/1997 s. 48(a), 46/1998
s. 7(Sch. 1), repealed by No. 61/1999 s. 5.

S. 4F
s. 6, amended by No. 30/1999 s. 9, repealed by No. 61/1999 s. 5.

S. 4G
s. 6, repealed by No. 61/1999 s. 5.

S. 5
amended by Nos 11/1992 s. 4, 35/2012
s. 9, repealed by No. 81/2013 s. 280.

s. 4G

S. 6 substituted by No. 6957
s. 2(b), amended by Nos 9066 s. 2(b),
10250 s. 5(1), 15/1989 s. 5, 30/1999 s. 10(1)(2), 77/2012 s. 5(1), repealed by No. 81/2013 s. 280.

S. 6A inserted by No. 6570 s. 2, amended by No. 10250 s. 5(2), substituted by No. 15/1989 s. 6, amended by Nos 26/1997 s. 48(a), 46/1998 s. 7(Sch. 1), 30/1999 s. 10(3), 108/2004 s. 117(1) (Sch. 3 item 158.1), 87/2005 s. 13, 52/2007 s. 5, 1/2010 s. 107, 29/2011 s. 3(Sch. 1 item 73), 77/2012 s. 5(2), repealed by No. 81/2013 s. 280.

Nos 3750 s. 8, 4592 s. 5(2).

7 Medical Board

S. 7(1) amended by Nos 23/1994
s. 118 (Sch. 1 item 43.1), 97/2005 s. 182(Sch. item 40.1), 13/2010 s. 51(Sch. item 42.1).

s. 7

(1) The Governor in Council may from time to time appoint three persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) as a Board hereinafter designated the Medical Board for the purpose of examining the members of the force at such periods as the regulations for the time being in force may require; and the Governor in Council may from time to time remove any member of such Board, and appoint another in his stead.

(2) Any two members of such Board shall form a quorum and shall have and may exercise and perform all or any of the powers and duties of such Board.

S. 8
amended by Nos 6957
s. 2(c)(d), 8179 s. 3(b)(c), 8745
s. 2, substituted by Nos 9906 s. 3, 10250 s. 4(2), 42/1990 s. 4(1), amended by Nos 30/1999 s. 11(1), 77/2012 s. 6, 73/2013 s. 98, repealed by No. 81/2013 s. 280.

S. 8AA inserted by No. 42/1990
s. 4(1), amended by Nos 72/1992
s. 7, 35/1993
s. 6, 23/1996
s. 3, 30/1999 s. 11(2), 61/1999 s. 6(1),
9/2001 s. 4, repealed by No. 77/2012 s. 7.

s. 7

S. 8AB inserted by No. 42/1990 s. 4(1), amended by Nos 23/1996 s. 4, 30/1999 s. 11(3), 77/2012 s. 8, repealed by No. 81/2013 s. 280.

S. 8AC inserted by No. 77/2012
s. 9, repealed by No. 81/2013 s. 280.

S. 8A
inserted by No. 10250
s. 6, amended by Nos 11/1992 s. 5, 67/2007 s. 3, repealed by No. 81/2013 s. 280.

S. 9
amended by No. 6957
s. 2(e)(i)(ii), repealed by No. 42/1990
s. 12(1)(a), new s. 9 inserted by No. 77/2012 s. 10, repealed by No. 81/2013 s. 280.

S. 9A
inserted by No. 77/2012
s. 10, repealed by No. 81/2013 s. 280.

s. 8AC

S. 10 repealed by No. 81/2013 s. 280.

S. 11 amended by No. 77/2012 s. 11, repealed by No. 81/2013 s. 280.

S. 12
repealed by No. 42/1990 s. 12(2).

S. 13 amended by Nos 8179 s. 3(d), 9527 s. 3, 9902 s. 2(1)(Sch. item 204), 10250 s. 7, 15/1989 s. 7(1)(a)(b), 57/1989
s. 3(Sch. item 156.1), 30/1999 s. 12(a), repealed by No. 81/2013 s. 280.

s. 12

S. 14 amended by Nos 8097 s. 3, 15/1989 s. 8(1), 42/1990 s. 8(a), repealed by No. 81/2013 s. 280.

Ss 15, 16 repealed by No. 81/2013 s. 280.

S. 16A inserted by No. 7081
s. 15(1), amended by Nos 7142 s. 2(Sch.), 8179
s. 3(e)(i)-(iii), 9460 s. 4(a), 10258 s. 7(1)(a)–(c), 50/1988
s. 93(2)(Sch. 2 Pt 2 item 45), substituted by No. 42/1995
s. 224(Sch. 2 item 30).

16A Right to early retirement

s. 16A

S. 16A(1) repealed by No. 81/2013 s. 280.

(2) Any member of the force who becomes an officer within the meaning of the State Superannuation Act 1988 shall be entitled to elect to retire upon attaining the age of 50 years or at any time thereafter.

S. 16B inserted by No. 9646 s. 3, amended by Nos 50/1988 s. 93(2)(Sch. 2 Pt 2 item 45), 23/1994
s. 118(Sch. 1 item 43.2), substituted by No. 26/1997
s. 39, amended by Nos 97/2005 s. 182(Sch. item 40.2), 13/2010 s. 51(Sch. item 42.2), repealed by No. 81/2013 s. 280.

S. 16C inserted by No. 77/2012 s. 12, repealed by No. 81/2013 s. 280.

Pt 2 (Heading and ss 17–20) amended by Nos 6833 s. 2, 7876 s. 2(3), 8179 s. 3(f)–(h), 10250 s. 8, 10257 s. 91, 57/1989 s. 3(Sch. items 156.2–156.4), 42/1990 ss 5, 12(2), 30/1999 s. 12(b), 77/2008 s. 129(Sch. 2 item 19), repealed by No. 81/2013 s. 281.

s. 16C

Pt 3 (Heading) amended by No. 7081
s. 15(4).

Part III—Superannuation Gratuities Pensions Allowances and Funds

Division 1—Provisions applicable to members of the force appointed before November 25th 1902[1]

No. 3750 s. 21.

21 Division to apply to appointments before 25 November 1902

s. 21

Subject to the provisions of section forty this Division shall apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two who were serving as such on the first day of January One thousand nine hundred and twenty-four or subsequently to the said date and shall not apply to members of the force appointed on or after the twenty-fifth day of November One thousand nine hundred and two.

No. 3750 s. 22.

22 Rate of superannuation allowance

Any member of the force who has served for a period of not less than ten years and has attained the full age of fifty-five years may be superannuated, and shall on retirement receive at his option either a gratuity of one month's pay for each year's service, or a yearly pension according to the following scale; that is to say, after ten year's service ten-fiftieths of the pay received by him during the period of twelve consecutive months immediately preceding the date of his retirement and an increase of one-fiftieth for each succeeding year up to thirty years' service completed.

No. 3750 s. 23.

23 Superannuation on account of ill health

s. 23

(1) When any member of the force has served for ten years and has not attained the full age of fifty-five years, if a certificate to the effect set forth in the Third Schedule signed by the members of the Medical Board is forwarded to the Governor in Council by the said Board, the Governor in Council may superannuate such member, and he shall thereupon be entitled to receive at his option the gratuity or the pension provided by the last preceding section for members of the force who have attained the full age of fifty-five years.

(2) Should any member of the force to whom a pension has on or after the twenty-first day of September One thousand nine hundred and fourteen been granted die before the sum to which he would have been entitled on his retirement as a gratuity has been received by him by way of pension then the difference between such sum and the amount actually received by him shall be paid to his widow and children.

No. 3750 s. 24.

S. 24 amended by No. 120/1994 s. 6(1)(c).

24 Gratuity or yearly pension to members disabled in the performance of duty

When any member of the force has served for a less period than ten years, if without his own default and in the discharge of his duty he receives such bodily injury as to incapacitate him for active service, he may retire from the force, and the ESS Board may grant to such member a gratuity not exceeding one month's pay for each year's service or a yearly pension not exceeding half the pay received by him during the year preceding his retirement, or in the event of his death before so retiring such gratuity shall be granted to his widow and children.

No. 3750 s. 25.

25 Gratuity to members retiring from ill health

s. 25

When any member of the force has served for a less period than ten years, if a certificate to the effect set forth in the Third Schedule signed by the members of the Medical Board is forwarded to the Chief Commissioner, such member shall be entitled to his discharge and to receive a gratuity of one month's pay for each year of service at his then rate of pay.

No. 3750 s. 26.

26 Conditions on which pensions are withdrawable

Any pension or retiring allowance shall be granted to members of the force only upon the condition that it is liable to be forfeited and may be withdrawn by the Governor in Council in any of the following cases—

(a) on conviction of the grantee for any indictable offence;

(b) on his knowingly associating with suspected persons thieves or other offenders;

(c) on his refusing to give information and assistance to the police whenever in his power for the detection and apprehension of criminals, and for the suppression of any disturbance of the public peace;

(d) on his refusing to resume his duties in his former office in the force when required by the Governor in Council;

(e) if he enters into or continues to carry on any business occupation or employment which in the opinion of the Governor in Council is disgraceful or injurious to the public or in which he makes use of the fact of his former employment in the police force in a manner which the Governor in Council considers to be discreditable and improper.

No. 3750 s. 27.

27 Members retiring after twenty years' service

s. 27

Every member of the force who has attained the age of forty years, and who has served not less than twenty years, shall be entitled to retire upon a gratuity at the rate of one month's pay for every year of service.

No. 3750 s. 28.

S. 28 amended by No. 120/1994
s. 6(1)(c).

28 Gratuity or pension to relatives where life lost on duty

Should any member of the force lose his life in the discharge of his duty, a gratuity or pension equal to what he would have been entitled to if he had reached the age of fifty-five years shall be paid to his widow or children or to any other relative of such member depending upon him for support as the ESS Board may determine.

No. 3750 s. 29.

S. 29 amended by No. 120/1994
s. 6(1)(c).

29 Allowances of retiring members to be considered when estimating gratuity etc.

Where under this Act the amount of any gratuity or retiring allowance to be granted to any member of the force is based upon the rate of pay of such member of the force, such rate of pay shall be understood to include not only the salary or wages which he may receive but likewise a money equivalent for the several allowances to which he is entitled as a member of the force, and the rate of this equivalent shall be estimated for each year by the ESS Board.

No. 3750 s. 30.

30 Dismissed members not entitled to pension

No member of the force who has been discharged or dismissed therefrom for misconduct of any kind shall be entitled to any pension gratuity or allowance.

S. 31

S. 32 amended by No. 9902
s. 2(1)(Sch. item 205), repealed by No. 120/1994

S. 33 amended by Nos 9902
s. 2(1)(Sch. item 205), 57/1989
s. 3(Sch. item 156.5(a)(b)), repealed by No. 120/1994

S. 34 amended by No. 9902
s. 2(1)(Sch. item 205), repealed by No. 120/1994

S. 35

No. 3750 s. 36.

36 Time in other branches to count

s. 36

Any member of the force claiming a gratuity or pension shall be entitled to count as service in the force any period served by him in any other branch of the public service of Victoria before he became a member of the force.

No. 3750 s. 37.

37 Provision not to apply to transfer to police force from other public departments

The last preceding section shall not apply to any person who after the first day of November One thousand eight hundred and ninety-five has been or is transferred to the police force from any other branch of the public service unless such person was appointed to some office in the public service prior to the passing of the Act No. 710 and was employed continuously in the public service until such transfer.

For the purposes of this and the last preceding section the departments corresponding to the departments subject to the Railways Act 1958 respectively and to Part IX of The Constitution Act Amendment Act 1958 respectively and the department formerly subject to the Defence Act 1890 shall be deemed to have been branches of the public service.

No. 3750 s. 38.

38 Definition of service in this Division

s. 38

In this Division the words "service" or "served" wherever occurring shall, as from the first day of November One thousand eight hundred and ninety-five and so far only as regards any persons transferred to the police force as hereinbefore mentioned, be taken to refer to service in the police force.

Division 2—Provisions applicable to members of the force appointed on or after 25th November 1902

Introductory

s. 39, 4592
s. 5(1).

39 Definitions

(1) In this Division unless inconsistent with the context or subject-matter—

S. 39(1) def. of adult child inserted by No. 40/2010 s. 27.

adult child has the same meaning as in section 45A(1);

S. 39(1) def. of dependant inserted by No. 40/2010 s. 27.

dependant, in relation to a deceased person, means—

(a) his or her partner; or

(b) a child of the person; or

(c) any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support;

medical certificate means a certificate in the form or to the effect of Form A or Form B of the Third Schedule to this Act, signed by not less than two of the members of the Medical Board;

pay means only salary or wages and does not include any allowances or any money equivalent for any allowances which (in addition to his salary or wages) a member of the force is entitled to receive as such;

S. 39(1) def. of Police Pensions Fund repealed by No. 120/1994
s. 6(1)(e).

S. 39(1) def. of Police Super-annuation Board repealed by No. 120/1994
s. 6(1)(e).

(2) For the purposes of this Division—

s. 39

(a) the expression total disablement means total loss of earning capacity in any employment, and in the case of partial disablement the degree of disablement shall be based upon the degree to which earning capacity is affected;

(b) any injury suffered by a member of the force—

(i) whilst on duty or whilst on a journey necessary to enable him to report for duty or to return home after duty; or

(ii) whilst not on duty in the performance of some act which is within the scope of his ordinary duties; or

(iii) in consequence of some act performed in the execution of his duty;

shall be deemed to have been suffered in the execution of his duty; and

(c) any injury intentionally inflicted or incurred in the performance of a duty involving special risks shall be deemed to be a non-accidental injury.

Application of this Division

No. 3750 s. 40.

s. 40

40 Application to members of the force

(1) This Division shall apply to members of the force appointed on or after the twenty-fifth day of November One thousand nine hundred and two who were serving as such on the first day of January One thousand nine hundred and twenty‑four and to members of the force appointed after the said date and save as hereinafter provided shall not apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two.

S. 40(2) repealed by No. 42/1990
s. 13(a).

(3) The provisions of this Division, unless otherwise expressly stated, shall apply to the Chief Commissioner in like manner, so nearly as circumstances admit, as they apply to any other member of the force, except that the certificate of approved service may be given by the Chief Secretary and that the Chief Commissioner shall be entitled after not less than ten years' approved service to receive an ordinary pension for life calculated in accordance with scale number two in the table in the Fourth Schedule to this Act and subject to the provisions and the general rules in the said Schedule.

S. 40(4) inserted by No. 7081 s. 16.

(4) Notwithstanding anything in the foregoing provisions of this section the provisions of this Part shall not apply—

(a) to any person appointed to be a member of the police force other than a police cadet on or after the appointed day within the meaning of Part I of the Superannuation Act 1963; or

(b) to any member of the force who becomes an officer within the meaning of the Superannuation Act 1958 pursuant to Part I of the Superannuation Act 1963—

s. 40

but this Part shall continue on and after the said day to apply to—

(i) police cadets; and

(ii) members of the force who do not become officers within the meaning of the Superannuation Act 1958;

Provided that when any police cadet is appointed to the rank of constable or any higher rank he shall cease to be subject to this Part and shall be entitled to a refund of the whole of the rateable deductions previously made from his pay.

S. 41
repealed by No. 8722
s. 2(b).

Retirement pensions allowances and gratuities

42 Entitlement to pensions

s. 42

(1) Every member of the force to whom this Part applies shall upon his retirement be entitled to receive an ordinary pension for life.

S. 42(2) substituted by No. 7081
s. 17.

(2) Any member of the police force to whom this Part continues to apply after the transfer day within the meaning of Part I of the Superannuation Act 1963 and who at that time or at any time thereafter holds the rank of Chief Commissioner and who elects to retire at any time after attaining the age of sixty years and before attaining the age of sixty-five years shall notwithstanding anything to the contrary in this Act be entitled upon his retirement to receive a pension for life in accordance with the following provisions—

(a) the pension shall be a percentage as hereinafter provided of the pension which he would have received on retirement upon attaining the age of sixty-five years if his salary and years of service at that time were the same as on the actual day of retirement;

(b) if he retires on his sixtieth birthday the appropriate percentage shall be Seventy-five per centum;

(c) if he retires at any time after his sixtieth birthday the appropriate percentage shall be Seventy-five per centum plus an additional Five-twelfths per centum for every completed calendar month by which his age at the day of retirement is greater than on his sixtieth birthday.

S. 42A inserted by No. 9460
s. 4(b).

42A Pensioner may elect to convert part of pension entitlement to lump sum payment entitlement

S. 42A(1) amended by Nos 9672
s. 49(a), 120/1994
s. 9(1).

(1) Notwithstanding anything in this Act but subject to this section a pensioner who is receiving a pension under section 42 provided that he has not made an election under subsection (3) may, within the period of three months immediately prior to his attaining the age of 65 years, elect in writing to convert not more than 30 per centum of his fortnightly pension entitlement or $46.50, whichever is the greater to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the ESS Board.

(2) Where a pensioner makes an election under subsection (1) he shall be entitled to the lump sum payment when he attains the age of 65 years and his pension shall thereupon be reduced by the amount of the pension entitlement converted to a lump sum.

S. 42A(3) amended by No. 9672
s. 49(b), 120/1994
s. 9(1).

s. 42A

(3) Notwithstanding anything in this Act but subject to this section a contributor or pensioner (not being a pensioner at the commencement of the Superannuation Act 1980) who is or will be entitled to a pension under section 42 may, within the period commencing three months prior to his retirement and ending three months after his retirement, elect in writing to convert not more than 30 per centum of his fortnightly pension entitlement or $46.50, whichever is the greater to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the ESS Board.

(4) Where a contributor or pensioner makes an election under subsection (3) he shall be entitled to the lump sum payment on retirement or on the day on which he makes the election (whichever is the later) and his pension shall be reduced by the amount of the pension entitlement converted to a lump sum on the day on which he becomes entitled to the lump sum payment.

(5) Any election under this section shall apply only in relation to that part of the entitlement of the applicant which relates to the pension that would be payable to him after he becomes entitled to the lump sum payment, until his death.

(6) The provisions of this section shall not apply to enable a contributor or pensioner, who, at any time after he has attained the age of 55 years, has received a pension under section 43 to elect to convert any of his fortnightly pension entitlement under section 42 to a lump sum entitlement.

S. 42A(9) re‑numbered as s. 42A(7) by No. 9549
s. 2(1)(Sch. item 161).

(7) A person shall not be entitled to make more than one election under this section.

No. 3750 s. 43.

43 Pensions and gratuities to members of the force

s. 43

Subject to the provisions of this Division every member of the force—

(a) if he has completed ten years' approved service and is incapacitated for the performance of his duty by infirmity of mind or body, shall be entitled on a medical certificate to retire and receive an ordinary pension for life; and

(b) if at any time he is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, shall be entitled on a medical certificate to retire and receive a special pension for life; and

(c) if he has not completed ten years' approved service and is incapacitated for the performance of his duty by infirmity of mind or body not occasioned by such injury as aforesaid, shall be entitled on a medical certificate to retire and receive a gratuity.

S. 44 (Heading) inserted by No. 40/2010 s. 28(1).

S. 44 amended by No. 7538 s. 2, substituted by Nos 8722
s. 2(c), 9066
s. 3.

44 Entitlement of partner to pension or gratuity

S. 44(1) amended by No. 40/2010 s. 28(2)(3).

(1) Where a member of the force dies—

(a) whilst serving in the force;

(b) whilst entitled to a pension under this Division; or

(c) in consequence of any disease or injury on account of which he retired from the force—

his partner shall, unless she is entitled under subsection (2) to a partner's special pension, be entitled, subject to this Division, to a partner's ordinary pension.

S. 44(2) amended by No. 40/2010 s. 28(2)(3).

(2) Where a member or retired member of the force dies from the effect of an injury received in the execution of his duty without his own default, his partner shall, if the injury was non-accidental, be entitled, subject to this Division, to a partner's special pension.

S. 44(3) amended by Nos 120/1994
s. 6(1)(f)(i)(ii), 40/2010 s. 28(2).

(3) A partner who is entitled to a pension under this Division may apply to the ESS Board for a gratuity in lieu of the whole or any part thereof; and the ESS Board may if it thinks fit grant to any partner who is entitled to such a pension a gratuity in lieu of the whole or any part thereof.

S. 44(4) inserted by No. 120/1994
s. 8(1), amended by No. 40/2010 s. 28(2).

(4) No benefit is payable under this Division to a partner who became the partner of a retired member of the force only after he or she had finally ceased to be a member of the force and within 2 years of the death of the retired member of the force.

S. 44(5) inserted by No. 120/1994
s. 8(1), repealed by No. 40/2010 s. 29.

S. 44(6) inserted by No. 120/1994
s. 8(1).

(6) A person is not entitled to receive under this Division at the same time more than one pension but is entitled to whichever of those pensions is the greater.

S. 44(7) inserted by No. 120/1994
s. 8(1), amended by No. 40/2010 s. 28(2).

(7) Despite anything in this Division, only one partner pension is payable in the case of the death of any one member of the force or retired member of the force, and if after the ESS Board has made reasonable enquiries more than one person should appear to the ESS Board to qualify for a partner pension then—

S. 44(7)(a) amended by No. 40/2010 s. 28(2).

(a) if the member of the force or retired member of the force has by request in writing to the ESS Board directed that the partner pension be paid wholly to one of the persons qualified to receive it or that each be paid part, the ESS Board must give effect to the expressed intentions;

S. 44(7)(b) amended by No. 40/2010 s. 30(1).

(b) if paragraph (a) does not apply, the ESS Board must determine in accordance with subsection (8) which of the persons who qualifies is to receive the pension or must apportion it between them as the ESS Board considers appropriate.

S. 44(8) inserted by No. 40/2010 s. 30(2).

(8) In making a determination under subsection (7), the ESS Board must consider all of the circumstances of the relationship between the deceased member or retired member of the force and each person who may qualify for a pension as a partner or former partner of the deceased member or retired member of the force, including, if applicable—

(a) the period of time for which that person was in a relationship with the member or retired member;

(b) the period of time since the relationship between that person and the member or retired member ended;

(c) the financial dependency of that person on the member or retired member at the date of death of the member or retired member;

(d) whether that person has any dependent children from his or her relationship with the member or retired member;

(e) any submissions made by that person to the ESS Board under subsection (9);

(f) any other factor that the ESS Board considers relevant.

S. 44(9) inserted by No. 40/2010 s. 30(2).

(9) A person who was the partner of the deceased member or retired member of the force may make written submissions to the ESS Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or retired member.

S. 44A inserted by No. 8722
s. 2(c), repealed by No. 120/1994
s. 8(2).

S. 44B inserted by No. 8722
s. 2(c), amended by No. 19/1989 s. 16(Sch. items 44.1–44.6), repealed by No. 120/1994
s. 8(2).

s. 45, 4592
s. 7(2).

45 Allowances and gratuities to children and dependants

s. 45

Subject to the provisions of this Division—

S. 45(a) amended by Nos 7910
s. 11(2), 40/2010 s. 31(1).

(a) where a member of the force dies whilst in the force, or where a member of the force having been granted a pension dies his children—

(i) who are under the age of eighteen years; or

S. 45(a)(ii) amended by No. 8722
s. 2(d)(i).

(ii) who are between the ages of eighteen years and twenty-five years and who in the opinion of the Board are full-time students—

and any adult children shall be entitled to allowances as provided in the Fourth Schedule;

S. 45(b) amended by No. 8722
s. 2(d)(ii), substituted by No. 120/1994
s. 8(3), amended by No. 40/2010 s. 31(2)(a).

(b) if a child or adult child of a member of the force is entitled to an allowance under this Division, the ESS Board may grant with the consent—

S. 45(b)(i) amended by No. 40/2010 s. 31(2)(b).

(i) of the member's partner; or

S. 45(b)(ii) amended by No. 40/2010 s. 31(2).

(ii) if there is no partner, the guardian of the child or adult child—

s. 45

a gratuity not exceeding the value of the allowance payable under paragraph (a) as calculated by an actuary appointed by the ESS Board; and

S. 45(c) amended by No. 40/2010 s. 31(3).

(c) where a member of the force dies whilst in the force, or where a member of the force (having been granted a pension) dies within twelve months after the grant of the pension, or at any time from the effects of an injury received in the execution of his or her duty without his or her own default, the Board may grant a gratuity to any dependant who has been wholly or mainly dependent upon the member or, if there is more than one such dependant, apportion the gratuity between those dependants in accordance with section 45B.

S. 45A inserted by No. 40/2010 s. 32.

45A Registration of names of adult children

s. 45A

(1) For the purposes of section 45, a member or retired member of the force may register with the ESS Board the name of a child (an adult child) of himself or herself or of his or her partner who—

(a) has attained the age of 18 years; and

(b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and

(c) wholly or partially relies on the member or retired member for financial support.

(2) A person who is not registered under this section may lodge a claim in a form approved by the ESS Board to be considered an adult child—

(a) on the death of a member or retired member of the force; or

(b) if the person is a child of a deceased member or retired member of the force, on the expiration of his or her child pension.

(3) In determining whether a registered person or claimant is an adult child, the ESS Board must consider reports from at least 2 registered medical practitioners appointed by the ESS Board as medical officers for the purposes of this Act.

(4) A determination under this section may be subject to regular reviews by the ESS Board.

S. 45B inserted by No. 40/2010 s. 32.

45B Registration of names of dependants

(1) For the purposes of section 45, a member or retired member of the force may register the names of persons whom he or she considers to be his or her dependants (other than a partner or child) with the ESS Board.

(2) A person who has not been registered under subsection (1) may lodge a claim in a form approved by the ESS Board as a dependant of a deceased member or retired member.

(3) Before apportioning benefits under section 45, the ESS Board must consider whether any registered person or claimant under that section was a dependant of the deceased member or retired member.

(4) The ESS Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency.

(5) In making a determination under this section the ESS Board must consider—

(a) the degree of financial dependency of that person on the member or retired member at the date of death; and

(b) any other factor that the ESS Board considers relevant.

(6) Nothing in this section limits the ESS Board's discretion to determine what proportions (if any) of the deceased member's or retired member's benefits each dependant is to receive.

s. 46, 4592 s. 6, 5460 s. 3.

46 Scales of pensions, allowances and gratuities

s. 46

The pensions allowances and gratuities payable under this Division shall be in accordance with the scales and provisions contained in the Fourth Schedule to this Act; and the general rules contained in Part III of the said Schedule shall apply to such pensions allowances and gratuities.

S. 46A (Heading) inserted by No. 40/2010 s. 33(1).

S. 46A inserted by No. 7538
s. 3, amended by No. 8722
s. 2(e)(i)-(v), substituted by No. 9460
s. 4(c).

46A Member may elect to increase partner's pension entitlement in certain circumstances

S. 46A(1) amended by Nos 42/1990
s. 13(b), 40/2010 s. 33(2).

(1) A member of the police force to whom this Part applies may at any time not more than six months and not less than three months before attaining the age of his retirement make a proposal to increase the pension that would be payable to his partner should he predecease the partner after his retirement in consideration of—

(a) a reduction of the amount of pension that would be payable to him after his retirement; or

S. 46A(1)(b) amended by No. 120/1994

(b) a payment to the ESS Board.

S. 46A(2) amended by No. 40/2010 s. 33(2)(3).

(2) A member may not propose an increase in the pension payable to the partner if the increase in the partner's pension would make the partner's pension more than two-thirds of the pension that would be payable to the member upon his retirement disregarding the reduction (if any) proposed to be made.

S. 46A(3) amended by Nos 120/1994
s. 6(1)(g), 40/2010 s. 33(3).

s. 46A

(3) Every such proposal shall be in writing in the prescribed form signed by the member, shall be lodged with the ESS Board and shall specify (as the case requires) the amount by which the member proposes to reduce his pension or the amount he proposes to pay to the Board for the purchase of an increase in his partner's pension or both the amount so proposed to be reduced and the amount so proposed to be paid.

S. 46A(4) amended by No. 23/1994
s. 118 (Sch. 1 item 43.3), substituted by No. 120/1994 s. 9(2).

s. 46A

(4) The ESS Board must—

(a) arrange for the member to be examined by a registered medical practitioner appointed by the ESS Board; and

(b) forward to an actuary appointed by the ESS Board the medical report prepared under paragraph (a) together with any information that the ESS Board considers the actuary may require in relation to the member's proposal.

S. 46A(5) amended by Nos 120/1994

(5) The actuary shall consider the information and medical report and shall advise the Board on the member's proposal and certify the amount of the increase in the partner's pension that would in the opinion of the actuary be justified as a result of the proposed reduction in the member's pension or the proposed payment by the member.

S. 46A(6) amended by No. 120/1994
s. 9(3).

(6) If the Board approves the member's proposal the Board shall notify the member in writing of such approval and of the amount certified to the Board by the actuary in accordance with the provisions of subsection (5).

S. 46A(7) amended by No. 120/1994
s. 9(3).

(7) If the member notifies the Board in writing prior to his retirement that he accepts the amount of increase certified by the actuary—

S. 46A(7)(a) amended by Nos 120/1994

(a) the pension payable to him on his retirement shall be reduced by the amount proposed by him and the amount of his partner's pension shall be increased by the amount certified to the Board by the actuary and accepted by the member prior to his retirement; and

S. 46A(7)(b) amended by Nos 120/1994

(b) in the case of a proposal to purchase an increase in the partner's pension on payment of the amount proposed by the member to the Board the amount of his partner's pension shall be increased by the amount certified to the Board by the actuary and accepted by the member prior to his retirement.

S. 46B inserted by No. 7910
s. 6(2).

46B Amount of pension payable to pensioner

s. 46B

(1) Notwithstanding any other provision of this Act the pension payable to any pensioner who is employed in the service of the Crown shall be reduced by the amount by which five-sevenths of the amount of his pension together with the remuneration he receives from his employment in the service of the Crown exceed the current equivalent of his salary on retirement.

S. 46B(2) amended by No. 8179
s. 3(i).

(2) In this section—

current equivalent of the salary on retirement in relation to a pensioner means such salary as applies from time to time to the rank which the pensioner held on the day prior to his retirement, but, in the case of a pensioner who retired before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971 and on the day prior to such retirement held the rank of—

(a) superintendent, grade I—means such salary as applies from time to time to the rank of chief superintendent;

(b) superintendent, grade II—means such salary as applies from time to time to the rank of superintendent;

(c) inspector, grade I—means such salary as applies from time to time to the rank of inspector;

(d) inspector, grade II—means such salary as applies from time to time to the rank of inspector;

s. 46B

(e) sergeant—means such salary as applies from time to time to the rank of senior sergeant;

(f) senior constable—means such salary as applies from time to time to the rank of sergeant;

(g) first constable—means such salary as applies from time to time to the rank of senior constable;

S. 46B(2) def. of employed in the service of the Crown amended by Nos 9019 s. 2(Sch. item 185), 120/1994 s. 13, 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 158.2), 24/2006 s. 6.1.2(Sch. 7 item 31).

employed in the service of the Crown in relation to a pensioner means a person employed under a contract of service—

(a) by the Crown whether employed pursuant to the Public Administration Act 2004, Part 2.4 of the Education and Training Reform Act 2006 or otherwise; or

(b) by any public statutory authority constituted under the law of the State—

whether the contract relates to permanent temporary casual full-time part-time or other type of employment.

(3) This section does not apply to the payment of a pension to a pensioner—

(a) who is in receipt of a pension under this Act as a widow of a member of the force or a pensioner;

(b) who being a pensioner became employed in the service of the Crown prior to the commencement of section 6 of the Superannuation (Amendment) Act 1969.

S. 46C inserted by No. 40/2010 s. 34.

46C Disclosure of contents of medical reports

(1) Within 28 days of the receipt of a medical report under this Part, the ESS Board must provide access to the contents of the medical report to the member of the force to whom it relates in a way described in section 28(1) of the Health Records Act 2001.

(2) Despite subsection (1), the ESS Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.

Approved service

s. 47, 5448 s. 2.

47 Service to be reckoned for pension

s. 46C

(1) The service of a member of the force for the purposes of this Division (including service during any period declared by regulations to be a period of probationary service) shall be subject to such deductions in respect of sickness misconduct or neglect of duty as may be made therefrom in pursuance of any regulations, not exceeding the period during which he is absent from duty on account of sickness misconduct or neglect of duty (as the case may be).

(2) The expression approved service shall, for the purposes of this Division, mean such service as may, after such deductions as aforesaid (if any), be certified by the Chief Commissioner to have been diligent and faithful service and, in the case of a member of the police force who having been a member of the land sea or air forces of any part of the Queen's dominions joined the police force within a period of twelve months from the date of his discharge from such forces, shall include his war service.

(3) Where a deduction is made from the service of a member of the force in respect of sickness misconduct or neglect of duty, notice of the deduction shall be given to him as soon as may be after the occurrence of the cause for which the deduction is made; and he may appeal to the Chief Commissioner against any act of any superior officer which prevents him from reckoning any period of actual service as approved service and any period of actual service allowed by the Chief Commissioner on such appeal shall be deemed to be approved service.

s. 47

(4) For the purposes of this section war service means service with the land sea or air forces of any part of the Queen's dominions during the war which commenced in the year One thousand nine hundred and fourteen or during the war which commenced in the year One thousand nine hundred and thirty-nine or any continuation thereof.

Grant revision forfeiture and offences in respect of pensions

S. 48 amended by No. 23/1994
s. 118 (Sch. 1 item 43.4), repealed by No. 120/1994 s. 6(1)(d).

S. 49 amended by No. 120/1994
s. 6(1)(g), repealed by No. 40/2010 s. 35.

No. 3750 s. 50.

S. 50 substituted by No. 120/1994
s. 10.

50 Assignment of benefits

Benefits under this Part cannot in any way be assigned, charged or passed by operation of law other than under an Act of the Commonwealth.

S. 51
repealed by No. 7081
s. 18, new s. 51 inserted by No. 120/1994 s. 10, amended by No. 52/1998
s. 311(Sch. 1 item 74), substituted by No. 40/2010 s. 36.

51 Payment of benefits if person is incapable of managing financial affairs

(1) The ESS Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs.

(2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function.

(3) If the ESS Board makes a determination under subsection (1), the ESS Board may cause that person's benefits or any part of that person's benefits to be paid to—

(a) the person's guardian or administrator; or

(b) if there is no guardian or administrator, a person nominated by the ESS Board for the benefit of that person and any or all of his or her dependants—

until the ESS Board determines that the person is capable of managing his or her financial affairs.

No. 3750 s. 52.

52 Penalty for obtaining pension etc. by fraud

S. 52(1) amended by Nos 10/2004 s. 15(Sch. 1 item 21.1), 68/2009 s. 97(Sch. item 93.1).

s. 50

(1) Every person who obtains or attempts to obtain for himself or for any other person—

(a) any pension gratuity or allowance under this Division or any payment on account thereof; or

(b) the return of any rateable deductions from pay under this Division—

by means of any false declaration, false certificate, false representation, false evidence, or personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, shall be liable on conviction on indictment to imprisonment for a term of not more than two years, or on summary conviction to imprisonment for a term of not more than three months or to a penalty of not more than 0⋅5 penalty unit, and in any case to forfeit any pension gratuity allowance or other sum so obtained.

S. 52(2) amended by No. 120/1994
s. 6(1)(h).

(2) Any penalty imposed or sum forfeited for an offence under this section shall be paid into the Scheme.

Rateable deductions

S. 53

s. 54, 4592 s. 9.

54 Dismissal etc. for misconduct

S. 54(1) amended by No. 6957
s. 3(a)(i).

(1) A member of the force who for misconduct of any kind has been discharged or dismissed therefrom shall not be entitled to any pension or gratuity under this Division.

s. 54

S. 54(2) amended by No. 6957
s. 3(a)(ii).

(2) Where a member of the force not having been discharged or dismissed for misconduct of any kind leaves the force without a pension or gratuity, there shall be paid to him the whole of the rateable deductions which have been made from his pay without any interest thereon:

S. 54(2) Proviso amended by Nos 6957
s. 3(a)(iii), 8722 s. 2(f)(i), 40/2010 s. 37(1).

Provided that where a member of the force is for misconduct of any kind discharged or dismissed, the whole or any part of such rateable deductions as aforesaid may be applied in such manner as the said Board recommends for the benefit of the member's partner, children or adult children (if any).

S. 54(3) amended by Nos 8722
s. 2(f)(ii), 120/1994
s. 6(1)(g), 40/2010 s. 37(2).

s. 54

(3) On the death before retirement of a member of the force who leaves no partner there shall be paid to the personal representative of such member the whole of the rateable deductions which have been made from the pay of such member without any interest thereon, less the amount certified by the ESS Board to be necessary to pay any allowance or gratuity payable to the children or adult children or any other dependant of such member.

Heading preceding s. 55
repealed by No. 26/1997
s. 48(b).

S. 55 amended by Nos 7081
s. 19, 8047
s. 16(a)(b), 8722 s. 2(g), 9460 s. 4(d)(e)(i)(ii), 9902 s. 2(1)(Sch. item 205), repealed by No. 120/1994

Saving of right of dismissal and reduction

No. 3750 s. 56.

S. 56 amended by No. 6957
s. 3(b).

56 Saving of right of dismissal and reduction in rank

s. 56

Nothing in this Division shall prejudice any existing right of suspending reducing discharging or dismissing a member of the force or shall prevent his claim to pension or gratuity from being refused on account of misconduct or on account of any of the grounds on which a pension (if granted) would be liable to be forfeited and withdrawn.

Division 3—Additional provisions

Provisions of 1948 and 1949

No. 5359 s. 2.

57 Definitions

In the next two succeeding sections unless inconsistent with the context or subject-matter—

pay means only salary or wages and does not include any allowance or any money equivalent for any allowance which (in addition to his salary or wages) a member of the force is entitled to receive as such;

pensioner means a person who has retired from the force and is receiving a pension pursuant to this Act or any corresponding previous enactment.

Nos 5359 s. 3, 5448 s. 3.

58 Pensions of members who retired before 2 January 1948

(1) In the case of a pensioner who became a member of the force on or after the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if—

(a) the pay on the said second day of January for the rank he held at retirement were his pay at the date of retirement; and

s. 58

(b) subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension—

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

(2) Subject to the next succeeding subsection, in the case of a pensioner who became a member of the force before the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if—

(a) he were a person to whom the provisions of Division two of Part III of this Act apply and who on the said second day of January retired from the force with the same rank and service as such pensioner; and

(b) subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension—

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

S. 58(3) repealed by No. 42/1990
s. 13(c).

(4) For the purposes of this section any pensioner who—

s. 58

(a) served as a member of the force for not less than ten years;

(b) was not reduced in rank while a member of the force; and

(c) held the rank of constable at the time of his retirement—

shall be deemed to have held the rank of first constable at the time of his retirement.

(5) Notwithstanding anything in the foregoing provisions of this section—

(a) except insofar as paragraph (b) of this subsection applies, the rate of pension payable to any pensioner shall not at any time by virtue of this section be more than twenty-five per centum greater than the rate of pension payable to him immediately before the second day of January One thousand nine hundred and forty-eight;

(b) in the case of a pensioner who has elected as mentioned in subsection (3) of this section, as from and after the coming into operation of the Police Regulation (Amendment) Act 1949 the rate of pension payable to him shall not by virtue of this section be more than twenty-five per centum greater than the rate of pension which would have been payable to him at the date of his retirement if (apart from subsection (3) of this section) he had then been a person to whom Division two of Part III of the Police Regulation Act 1928 applied;

(c) no pensioner shall by virtue of this section (except by virtue of an election mentioned in subsection (3) of this section) suffer any reduction of the pension which he was receiving before the said second day of January.

Nos 5359 s. 4, 5488 s. 4.

59 Retrospective increase in certain widows' pensions

(1) (a) Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force or of a pensioner was not entitled to receive any pension or was entitled to receive a pension of not more than $83.20 per annum, then as on and from the said second day of January and as long as a pension is payable to her a pension of $104 per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;

(b) Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 and his widow was not entitled to receive any pension or was entitled to receive a pension of not more than $83.20 per annum, then as on and from the date of the death of the member or pensioner and as long as a pension is payable to her a pension of $104 per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the pensioner.

(2) (a) The pension of any widow (other than a widow referred to in the last preceding subsection) of a member of the force or pensioner who died before the second day of January One thousand nine hundred and forty-eight shall as on and from the said second day of January and as long as a pension is payable to her be the pension payable immediately before the said second day of January plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;

(b) Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 the pension of his widow (not being a widow referred to in the last preceding subsection) shall as on and from the date of the death of the member or pensioner and as long as a pension is payable to her be the pension payable as at the date of the death of the member or pensioner plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the member or pensioner;

(c) Notwithstanding anything in the foregoing provisions of this subsection no pension payable to a widow shall by virtue of this subsection be so increased as to exceed at any time after the second day of January One thousand nine hundred and forty-eight—

(i) in the case of a widow's ordinary pension, the maximum pension payable under this Act appropriate to the relevant rank and service of her husband in the force;

(ii) in the case of a widow's special pension, an amount equal to one-third of the annual pay which would have been payable on the said second day of January to a member of the force having the same rank and service as her husband had at the time of his death or retirement; and in calculating the annual pay for the purposes of this subparagraph, subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act shall not apply—

and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.

(3) The foregoing provisions of this section shall not apply in the case of a widow whose husband was not a person to whom the provisions of Division two of Part III of this Act or any corresponding previous enactment applied.

(4) Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force was receiving a pension pursuant to the provisions of section twenty-eight of the Police Regulation Act 1928 then as on and from the said second day of January and so long as a pension is payable to her the pension of such widow shall be the pension payable to her immediately before the said second day of January plus twenty-five per centum; and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.

S. 59(5) repealed by No. 42/1990
s. 13(d).

Provisions of 1950

No. 5460 s. 2.

60 Definitions

s. 60

(1) In the next three succeeding sections unless inconsistent with the context or subject-matter—

appointed day means the thirtieth day of June One thousand nine hundred and fifty;

pensioner means a person who has retired from the force before the appointed day and who on or after the appointed day is receiving a pension pursuant to the provisions of this Act or any corresponding previous enactment.

S. 60(2) amended by No. 7332
s. 2(Sch. 1 item 95).

(2) For the purposes of the said sections and paragraph 5 of the Fourth Schedule to this Act any member of the force who held for any material period the rank of—

(a) constable (with at least ten years service and not having been reduced in rank)—shall be deemed to have held the rank of first constable;

(b) second-class sergeant or first-class sergeant—shall be deemed to have held the rank of sergeant;

(c) sub-inspector—shall be deemed to have held the rank of inspector—

for such period.

No. 5460 s. 4.

61 Increase of rates of pension to pensioners who retired before 30 June 1950

s. 61

(1) The rate of pension payable under this Act to each pensioner shall be—

(a) the rate payable under Division two of Part III of this Act to a member of the force who—

(i) on the appointed day first became entitled to a similar pension; and

(ii) during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement; or

(b) the rate payable to the pensioner immediately before the appointed day plus twenty per centum—

(2) No pensioner shall by virtue of this section suffer any reduction of the rate of pension which he was receiving immediately before the appointed day.

Nos 5460 s. 6, 5467 s. 2.

62 Increase of rates of pension to widows entitled to pension before 30 June 1950

(1) The rate of pension payable under this Act to any widow who became entitled to a widow's ordinary pension before the appointed day shall be—

(a) the rate which would be payable to her if she had first become entitled to the pension on the appointed day; or

(b) the rate payable to her immediately before the appointed day plus twenty per centum—

(2) The rate of pension payable under this Act to any widow who became entitled to a widow's special pension before the appointed day shall be—

(a) the rate which would be payable to her if her husband—

(i) had on the appointed day while serving in the force died from the effects of a non-accidental injury received in the execution of his duty without his own default; and

(ii) during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as he held during the three years immediately prior to the date of his actual death or retirement; or

(b) the rate payable to her immediately before the appointed day plus twenty per centum—

(3) The rate of pension payable under this Act to any widow to whom the foregoing subsections of this section do not apply shall be the rate payable to such widow immediately before the appointed day plus twenty per centum.

No. 5460 s. 7.

63 Appropriate retrospective adjustments to be made

s. 63

(1) Any necessary adjustments shall be made in respect of payments of pension made to any pensioner or widow after the appointed day.

(2) In respect of any such adjustments or of any adjustments authorized under the Police Regulation (Amendment) Act 1948 as amended by any Act payments shall (where the case so requires) be made to the personal representatives of a deceased recipient of pension in respect of the period up to death.

amended by No. 6486
s. 2(2).

Provisions of 1955 and 1958

No. 5897 s. 2.

64 Retrospective payments to pensioners widows and children already entitled to pensions etc.

S. 64(1) amended by No. 6486
s. 2(1)(a).

(1) Notwithstanding anything in this Act the pension or allowance payable to or in respect of any pensioner widow or child to or in respect of whom a pension or allowance was payable under the Police Regulation Acts immediately before the commencement of the Police Regulation (Pensions) Act 1955 shall be at the respective rates provided by this section.

(2) In this section then rate of pension means the rate of pension, including any additional amount payable under the Superannuation Police and State Pensions Act 1953, that was payable (apart from the operation of this section) to or in respect of the pensioner or widow concerned immediately before the commencement of the Police Regulation (Pensions) Act 1955.

(3) Subject to this section the rate of pension payable to such a pensioner shall be—

(a) if his then rate of pension was not more than $364—such then rate increased by one-seventh thereof;

(b) if his then rate of pension was more than $364 but not more than $728—such then rate increased by $52;

S. 64(3)(c) amended by No. 6486
s. 2(1)(b).

(c) if his then rate of pension was more than $728—a rate of $780 or such then rate (excluding any additional amount payable under the Superannuation Police and State Pensions Act 1953) increased by one-sixth thereof (whichever is the greater).

(4) Subject to this section the rate of pension payable to such a widow shall be her then rate of pension increased by one-quarter thereof.

S. 64(5) repealed by No. 6486
s. 2(1)(c).

(6) Notwithstanding anything in the foregoing provisions of this section—

(a) the rate of pension payable to any such pensioner shall not exceed the rate payable under Division two of Part III of this Act to a member of the force who—

(i) on the commencement of the Police Regulation (Pensions) Act 1955 first became entitled to a similar pension; and

(ii) during the three years immediately preceding the commencement of that Act held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement;

(b) the rate of pension payable to any such widow shall not exceed the rate which would be payable to her if she had first become entitled to the pension on the commencement of that Act.

s. 64A
inserted by No. 6695
s. 2.

Provisions of 1960

S. 64A inserted by No. 6695
s. 2.

64A Basic rate of pension

s. 64A

S. 64A(1) amended by Nos 8722 s. 2(h)(i), 40/2010 s. 38(1).

(1) In this section basic rate of pension means the pension payable per annum to any pensioner or partner under the provisions of this Act other than the provisions of this section.

(2) (a) Where the basic rate of pension payable to a pensioner is not more than $728 the rate of pension payable to such pensioner shall be his basic rate of pension plus $65 or the rate of $728 per annum whichever is the less.

S. 64A(2)(b) amended by No. 8722
s. 2(h)(ii)(iii).

(b) Where the basic rate of pension payable to a widow is not more than $388.27 the rate of pension payable to such widow shall be her basic rate of pension plus $44.37 or the rate of $388.27 per annum whichever is the less.

s. 64B
inserted by No. 15/1989
s. 9.

General provision about final salary

S. 64B inserted by No. 15/1989
s. 9.

64B Final salary for superannuation benefit purposes

(1) Despite anything in this or any other Act, or in any regulations made under any other Act, for the purposes of determining the amount of superannuation benefits payable to a member of the force whose service is terminated by resignation during the period for which that member remains on probation for the rank to which he or she was most recently appointed, the final salary of that member must be taken to be the salary applicable, on the day before the resignation takes effect, to the previous rank of the member.

(2) In this section—

S. 64B(2) def. of disability amended by Nos 49/1992
s. 112, 23/1994 s. 118(Sch. 1 item 43.5), 97/2005 s. 182(Sch. item 40.3), 13/2010 s. 51(Sch. item 42.3).

s. 64B

disability, in relation to a member of the force, means the inability of the member, due to a continuing or recurring injury, disease or infirmity, to perform his or her duties, or any other duties as directed by the Chief Commissioner, for which he or she is suited by education, training or experience, or for which he or she would be suited as a result of retraining as certified by at least 2 persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

previous rank, in relation to a member, means the rank of the member immediately before his or her most recent promotion on probation, whether or not his or her probationary appointment to that previous rank had been confirmed;

resignation means the termination of service by a member of the force other than by reason of death or disability.

s. 64C inserted by No. 42/1990
s. 6(1).

Provision for indexation

S. 64C inserted by No. 42/1990
s. 6(1).

64C Indexation of pensions

s. 64C

S. 64C(1) amended by No. 120/1994 s. 11, substituted by No. 44/2014 s. 33(Sch. item 20).

(1) In this section—

prescribed half year means the half year ended 30 June 1989 or any subsequent half year ending on 31 December or 30 June in respect of which the all groups consumer price index for Melbourne in original terms is higher than the previous highest all groups consumer price index for Melbourne in original terms for a half year ending on 31 December or 30 June in or since the half year ended on 30 June 1989;

prescribed percentage in relation to a prescribed half year after 30 June 1989 means the percentage calculated to 2 decimal places in accordance with the formula—

View image in the official source

where—

A is the all groups consumer price index for Melbourne in original terms for the prescribed half year;

B is the all groups consumer price index for Melbourne in original terms for the next preceding prescribed half year.

S. 64C(2) amended by No. 120/1994
s. 12.

(2) A pension under this Act, together with any supplementary pension granted under the Pensions Supplementation Act 1966 (whether granted before on or after the repeal of the Pensions Supplementation Act 1966), must—

(a) if it is then payable, be increased on the payment of the first instalment of pension in the month of December or June by an amount equal to one-sixth of the prescribed percentage for the next preceding prescribed half year (if any) of the pension for every whole month or part of a month during the preceding half year in respect of which a pension has been payable; or

s. 64C

(b) if for any reason it is not then payable, be notionally so increased as if then payable.

S. 64C(3) amended by No. 120/1994

(3) If a pensioner becomes liable to have the amount of any pension, allowance, subsidy, concession or other benefit payable to the pensioner under the Social Security Act 1947 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth reduced by reason of an increase in the amount of the pensioner's fortnightly pension entitlement under this Act, the ESS Board may, on the application in writing of the pensioner at any time within the period commencing 3 months before the date on which the reduction is due to take effect and ending 3 months after the date on which the reduction took effect, convert the amount of the increase in the pensioner's fortnightly pension entitlement to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the Board.

S. 64C(4) amended by No. 120/1994

(4) If an application by a pensioner under subsection (3) is approved by the ESS Board, the pensioner is entitled to the lump sum payment on the day on which the reduction in the amount of the Commonwealth pension or other benefit is due to take effect or on the day on which the approval is given (whichever is the later) and the pensioner's pension is to be reduced by the amount of the pension entitlement converted to a lump sum on the day on which the pensioner becomes entitled to the lump sum payment.

S. 64C(5) amended by No. 40/2010 s. 38(1).

(5) An approval under this section operates to convert the proportion of the fortnightly pension entitlement of the pensioner's partner following the pensioner's death that is identical to the proportion of the pensioner's fortnightly pension entitlement that is converted.

Pt 3 Div. 4 (Heading) substituted by No. 26/1997
s. 48(c).

Division 4—ESS Board

S. 65 amended by No. 7332
s. 2(Sch. 1 item 96), repealed by No. 120/1994

No. 3750 s. 58.

S. 66 amended by Nos 9460
s. 4(f), 120/1994
s. 6(1)(i).

66 Applications for pensions, gratuities etc.

s. 66

All applications for pensions, gratuities, allowances or lump sums under this Act or any corresponding previous enactment shall be made to the ESS Board.

S. 67 amended by No. 7538
s. 4(a)(b), 9460 s. 4(f), 9902
s. 2(1)(Sch. item 206), 49/1992
s. 114, repealed by No. 120/1994

S. 67A inserted by No. 49/1992
s. 115, amended by No. 120/1994 s. 6(1)(g), repealed by No. 4/1996

S. 67B inserted by No. 49/1992
s. 115.

67B Preservation of minimum benefit

s. 67B

S. 67B(1) amended by Nos 120/1994
s. 6(1)(g)(j), 4/1996
s. 134(7)(b).

(1) If the amount of the benefit paid or payable under this Act in respect of any contributor or former contributor is less than the amount contributed by him or her to the Scheme and interest as determined by the ESS Board on that amount, there is to be paid out of the Scheme to that person in the manner that the ESS Board determines the difference between the two amounts.

S. 67B(2) repealed by No. 4/1996

S. 67C inserted by No. 49/1992
s. 115, amended by No. 120/1994
s. 6(1)(g), repealed by No. 4/1996

S. 67D inserted by No. 49/1992
s. 115, repealed by No. 4/1996

Pt 3 Div. 5 (Heading and ss 67C–67E) inserted by No. 95/2000 s. 12.

Division 5—Beneficiary choice program

New s. 67C inserted by No. 95/2000 s. 12.

67C Definitions

s. 67C

In this Division—

Beneficiary Choice Scheme means the Beneficiary Choice Scheme established under Part 3A of the State Superannuation Act 1988;

S. 67C def. of eligible pensioner amended by No. 40/2010 s. 38(1).

eligible pensioner means a person who at any time during the election period is receiving, or becomes entitled to receive—

(a) a pension under section 42; or

(b) a pension as a partner under section 44; or

(c) a pension or a gratuity under section 43 and has attained 55 years of age; or

(d) a pension or a gratuity under section 43 and has not attained the age of 55 years, at the discretion of the ESS Board;

election period means the period—

(a) specified by the Minister in a notice published in the Government Gazette in respect of all or particular classes of eligible pensioners; and

(b) if the Minister on the advice of the ESS Board so decides, as extended to a later date as is specified by the Minister in a further notice published in the Government Gazette.

New s. 67D inserted by No. 95/2000 s. 12.

67D Application to participate

s. 67D

(1) An eligible pensioner may during the relevant election period apply in writing to the ESS Board to participate in the beneficiary choice program in the form approved by the ESS Board.

(2) An eligible pensioner must elect to convert the whole or 50 per cent of his or her pension or gratuity entitlement.

S. 67D(3) amended by No. 40/2010 s. 38(2).

(3) If an eligible pensioner has a partner, the eligible pensioner must also elect to convert the same percentage of his or her partner's pension entitlement.

(4) An application under this section—

(a) can not be withdrawn after it has been accepted by the ESS Board;

(b) ceases to have any effect if the applicant dies before the application is accepted by the ESS Board.

S. 67E inserted by No. 95/2000 s. 12.

67E Commutation

(1) If the ESS Board accepts an application under section 67D, the ESS Board must commute the pension entitlement specified in the application into a complying pension under the Beneficiary Choice Scheme.

(2) The method of calculating the commutation benefit of an eligible pensioner under subsection (1) is to be determined by the Minister on the advice of an actuary appointed by the ESS Board.

S. 67E(3) amended by No. 40/2010 s. 39.

(3) The ESS Board is released from any liability in respect of the entitlements of an eligible pensioner and of any partner specified in the application under section 67D as soon as the eligible pensioner becomes entitled to a complying pension under the Beneficiary Choice Scheme.

s. 67E

Pt 4 (Heading and ss 68–86) repealed.[2]

Pt 4AA (Heading
and ss
86AC–86AZ) inserted by No. 77/2012 s. 15, repealed by No. 81/2013 s. 281.

Pt 4A (Heading and ss 86A–86U) repealed.[3]

Pt 4B (Headings and new ss 86W–86ZM) inserted by No. 85/2012 s. 133, amended by No. 82/2012, s. 314(d)(e), repealed by No. 81/2013 s. 281.

Pt 5
(Heading and ss 87–91T) amended by Nos 6957
ss 6, 7, 8179 s. 3(l)–(n), 9019 s. 2(1)(Sch. item 186), 9066 s. 6, 9433 ss 4–8, 9906 ss 5, 6, 10250 ss 11–15, 16/1986 s. 30, 15/1989 ss 18, 19, 19/1989 s. 16(Sch. items 44.7–44.10), 57/1989 s. 3(Sch. item 156.7), 42/1990 s. 7, 11/1992 s. 14(1), 35/1993 ss 11, 12, 23/1996 s. 5, 35/1996 s. 453(Sch. 1 item 65.2), 26/1997 s. 48(d)(e), 46/1998 s. 7(Sch. 1), 30/1999 ss 21, 29, 61/1999 ss 9–14, 9/2001
ss 7–12, 108/2004 s. 117(1)(Sch. 3 item 158.5), 80/2006 s. 26(Sch. item 84), substituted
as Pt 5 (Heading and ss 87–87V) by No. 77/2012 s. 16, repealed by No. 81/2013 s. 281.

s. 87

Pt 5AA (Heading and ss 87W–87ZR) inserted by No. 77/2012 s. 17, repealed by No. 81/2013 s. 281.

Pt 5A (Heading and ss 92–102) amended by Nos 6505 s. 2, 6957 ss 3(c), 5, 8, 12(2), 8179 s. 3(o)–(q), 8745 s. 4, 9066 s. 7, 9906 s. 7, 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 items 28, 29), 15/1989 s. 8(2), 57/1989 s. 3(Sch. items 156.8–156.11), 42/1990 ss 8(b)–(i), 13(f), 11/1992 s. 14(2)(3), 35/1993 ss 13, 14, 30/1999 ss 22–26, 25/2009 ss 22–26, 68/2009, s. 97(Sch. items 93.3, 93.4), 40/2010 s. 40, 85/2012 ss 134–136, repealed by 81/2013 s. 281.

s. 87W

Pt 5B (Heading and ss 102A–102I) inserted by No. 63/2004 s. 3 (as amended by No. 79/2004 s. 130), amended by Nos 79/2004 ss 90–95, 108/2004 s. 117(1) (Sch. 3 items 158.6–158.8), 43/2006 s. 47(Sch. item 4), 52/2007 s. 6, 67/2007
ss 8–13, repealed by No. 34/2008 s. 142(23).

s. 102A

Pt 5C (Heading and ss 102L–102U) inserted by No. 87/2005 s. 16, amended by No. 77/2012 s. 18, repealed by No. 81/2013 s. 281.

Part VI—Retired Police Reserve

S. 103 amended by Nos 26/1997
s. 45(1), 61/1999 s. 15(1), 77/2012 s. 19, 85/2012 s. 137, repealed by No. 81/2013 s. 282(a).

No. 6017 s. 3.

S. 104 amended by No. 81/2013 s. 282(b).

104 Qualifications

s. 104

A person shall not be deemed a fit and proper person to continue as a police reservist unless—

S. 104(a) repealed by No. 73/1996 s. 66.

(b) he is free from any illness or physical defect which would render him physically unfit to perform the duties of a police reservist;

S. 104(c) amended by No. 61/1986
s. 5(4).

(c) he is an Australian citizen or a British subject within the meaning of section 55(2)(a) or (b) of the Interpretation of Legislation Act 1984 and of good character and reputation; and

(d) he has served for not less than two years in the police force of Victoria.

S. 105 amended by Nos 15/1989
s. 7(2)(a)–(c), 57/1989
s. 3(Sch. item 156.12), repealed by No. 81/2013 s. 282(c).

Ss 106–108 repealed by No. 81/2013 s. 282(c).

S. 109 substituted by No. 26/1997
s. 46, repealed by No. 81/2013 s. 282(c).

S. 110 repealed by No. 81/2013 s. 282(c).

S. 111 amended by No. 42/1990
s. 8(j), repealed by No. 81/2013 s. 282(c).

s. 106

Ss 112, 113 repealed by No. 81/2013 s. 282(c).

S. 114 amended by Nos 9392
s. 2(a)(b), 9469
s. 2, 9975 s. 6, repealed by No. 11/1992
s. 15(1).

S. 115 amended by No. 10250
s. 16, repealed by No. 11/1992 s. 15(1).

S. 115A inserted by No. 9392 s. 3, repealed by No. 11/1992
s. 15(1).

S. 115B inserted by No. 9392 s. 3, amended by No. 11/1992
s. 15(2), repealed by No. 81/2013 s. 282(c).

S. 116 amended by No. 10/2004 s. 15(Sch. 1 item 21.2), repealed by No. 81/2013 s. 282(c).

s. 115A

S. 117 repealed by No. 81/2013 s. 282(c).

S. 118 amended by No. 6886 s. 3, repealed by No. 81/2013 s. 282(c).

Pt 6A (Heading
and ss 118A–118K)
inserted by No. 32/1987
s. 4, amended by Nos 15/1989 ss 7(3), 20, 21, 57/1989 s. 3(Sch. item 156.13), 42/1990 ss 9, 10, 11/1992 s. 16, 35/1993 s. 15, 73/1996 s. 67, 26/1997 ss 45(2), 47, 61/1999 s. 15(2)(3), 9/2001 s. 13, 2/2011 s. 3, 43/2011 ss 3, 4, 77/2012 s. 20, 85/2012 s. 138, repealed by No. 81/2013 s. 283.

s. 118A

Pt 6B (Heading and ss 118L–118Q) inserted by No. 110/2004 s. 17, amended by No. 67/2013 s. 649(Sch. 9 item 29(2)), repealed by No. 81/2013 s. 283.

Pt 6C (Heading and ss 118R–118ZA) inserted by No. 52/2007 s. 7, repealed by No. 81/2013 s. 283.

Part VII—Miscellaneous Provisions

No. 3750 s. 75.

119 Governor may recommend increase of pensions etc.

s. 119

Nothing in this Act contained shall be taken to prevent the Governor from recommending by message to the Legislative Assembly any addition to any pension gratuity or allowance in consideration or recognition of any special services rendered by any member of the force entitled thereto or of any other unusual circumstances.

S. 120 amended by Nos 6957 s. 9, 7135 s. 9(2), 8759 s. 2, 8959 s. 2, 9392 s. 4, 9469 s. 3, 9906 s. 8(a)–(d), repealed by No. 81/2013 s. 284.

S. 120A inserted by No. 7536 s. 3, amended by No. 8759
s. 3(a)(i)(ii)(b), substituted by No. 8959 s. 3, amended by Nos 9906
s. 9(a)(b), 42/1990
s. 13(g), repealed by No. 81/2013 s. 284.

S. 120B inserted by No. 9906
s. 10, repealed by No. 81/2013 s. 284.

S. 121 repealed by No. 6957 s. 5, new s. 121 inserted by No. 7349
s. 2(c), amended by No. 11/1992 s. 17(1)(2), repealed by No. 81/2013 s. 284.

S. 122 amended by Nos 6957
s. 2(g), 8179
s. 3(r)(i)(ii), 9902 s. 2(1)(Sch. item 207), substituted by No. 10250
s. 17, amended by Nos 16/1987 s. 4(3)(Sch. 1 item 18), 9/2001 s. 14, 84/2001 s. 11, repealed by No. 81/2013 s. 284.

s. 121

S. 123 amended by Nos 6505 s. 2, 8179 s. 3(s), repealed by No. 9906
s. 11,
new s. 123 inserted by No. 61/1999 s. 16, repealed by No. 81/2013 s. 284.

S. 124 substituted by No. 10250
s. 18, amended by No. 57/1989
s. 3(Sch. item 156.14(a)–(c)), repealed by No. 81/2013 s. 284.

S. 124A inserted by No. 75/2005 s. 49(Sch. 4 item 2), repealed by No. 81/2013 s. 284.

S. 125 amended by Nos 9019
s. 2(1)(Sch. item 187), 57/1989 s. 3(Sch. item 156.15(a)(b)), 9/2001 s. 15, repealed by No. 81/2013 s. 284.

s. 124

S. 126 amended by No. 6957
ss 4(1)(d), 12(3), repealed by No. 9906 s. 12, new s. 126 inserted by No. 79/2004 s. 96, repealed by No. 81/2013 s. 284.

S. 127 amended by No. 42/1990
s. 8(k), repealed by No. 81/2013 s. 284.

S. 127A inserted by No. 7081
s. 20, amended by Nos 42/1990
s. 8(l), 35/2002 s. 11, 110/2004 s. 18, 24/2005 s. 26, 30/2007 s. 237, 52/2007 s. 8, 40/2010 s. 44(2), 32/2011 s. 22, 85/2012 s. 139, 55/2013 s. 16, repealed by No. 81/2013 s. 284.

S. 128 amended by Nos 57/1989
s. 3(Sch. item 156.16(a)(b)), 68/2009 s. 97(Sch. item 93.5), repealed by No. 81/2013 s. 284.

s. 127A

S. 129 amended by Nos 6833 s. 4, 6886 s. 3, 6957 s. 2(h), 42/1990
s. 12(1)(b)(i)(ii), 11/1992 s. 18, repealed by No. 81/2013 s. 284.

S. 129A inserted by No. 35/1993
s. 16, amended by Nos 32/2004 s. 19, 63/2004 s. 5, 79/2004 ss 97, 98, 34/2008 ss 140, 142(24), 60/2008 s. 12, repealed by No. 81/2013 s. 284.

s. 86, 5126
s. 23(1)(g), 5260 s. 2.

130 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) deductions from service for sickness misconduct or neglect of duty;

(b) the mode in which pensions gratuities or allowances are to be paid;

(c) the declarations to be made as a condition of the payment of pensions gratuities or allowances payable under Division two of Part III of this Act;

S. 130(1)(d) repealed by No. 81/2013 s. 284.

S. 130(1)(da) inserted by No. 6957
s. 10(a), amended by No. 9469
s. 4, substituted by No. 87/2005 s. 17, repealed by No. 81/2013 s. 284.

S. 130(1)(db) inserted by No. 6957
s. 10(a), amended by No. 9469
s. 4, repealed by No. 81/2013 s. 284.

(dc)(dd) inserted by No. 6957
s. 10(a), repealed by No. 81/2013 s. 284.

S. 130(1)(de) inserted by No. 6957
s. 10(a), amended by No. 42/1990
s. 11, substituted by No. 9/2001 s. 16, repealed by No. 81/2013 s. 284.

S. 130(1)(dea) inserted by No. 9066
s. 8(1), substituted by Nos 10250
s. 19(a), 11/1992
s. 17(3), repealed by No. 81/2013 s. 284.

(df)(dg) inserted by No. 6957
s. 10(a), repealed by No. 81/2013 s. 284.

S. 130(1)(dh) inserted by No. 10250
s. 19(b), repealed by No. 81/2013 s. 284.

(e) appeals provided for in Division two of Part III of this Act and the costs of such appeals;

S. 130(1)(f) substituted by No. 35/1993
s. 17, amended by No. 61/1999 s. 17, substituted by No. 77/2012 s. 21(1)(a), repealed by No. 81/2013 s. 284.

S. 130(1)(g) amended by No. 6957
s. 10(b), substituted by No. 35/1993
s. 17, repealed by No. 81/2013 s. 284.

S. 130(1)(ga) inserted by No. 85/2012 s. 140, repealed by No. 81/2013 s. 284.

S. 130(1)(h) amended by No. 6957
s. 10(c), substituted by No. 35/1993
s. 17, amended by Nos 61/1999 s. 17, 77/2012 s. 21(1)(b), repealed by No. 81/2013 s. 284.

S. 130(1)(i) amended by No. 6957
s. 10(d), substituted by No. 42/1990
s. 4(7), repealed by No. 35/1993
s. 17, new s. 130(1)(i) inserted by No. 43/2011 s. 5, repealed by No. 81/2013 s. 284.

(ia)–(ic) inserted by No. 77/2012 s. 21(1)(c), repealed by No. 81/2013 s. 284.

(j) generally any matter or thing required or permitted to be prescribed or which is necessary or convenient to be prescribed for carrying this Act into effect.

S. 130(2) repealed by No. 6886
s. 3, new s. 130(2) inserted by No. 77/2012 s. 21(2).

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances; and

(c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(i) wholly or partially or as amended by the regulations; or

(ii) formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii) as formulated, issued, prescribed or published from time to time; and

(d) may leave anything for the approval or satisfaction of a specified person; and

(e) may provide in a specified case or class of case for the exemption of persons or things or a specified class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified.

S. 131
inserted by No. 61/1999 s. 18, repealed by No. 81/2013 s. 284.

S. 132 inserted by No. 32/2004 s. 20,
repealed by No. 34/2008 s. 142(25).

S. 133 inserted by No. 63/2004 s. 6,
amended by No. 79/2004 s. 99,
repealed by No. 34/2008 s. 142(25).

S. 134 inserted by No. 87/2005 s. 17, repealed by No. 81/2013 s. 284.

S. 135 inserted by No. 67/2007 s. 14,
repealed by No. 34/2008 s. 142(25), new s. 135 inserted by No. 77/2012 s. 22, repealed by No. 81/2013 s. 284.

S. 136 inserted by No. 34/2008 s. 141, repealed by No. 13/2012 s. 11(13).

s. 133

SCHEDULES

Sch. 1 repealed by No. 35/1993
s. 4, new Sch. 1 inserted by No. 9/2001 s. 17, amended by Nos 52/2008 s. 256, 68/2008 s. 81, 53/2010 s. 221(Sch. item 8) (as amended by No. 20/2011 s. 10(2)), 63/2010 s. 81(Sch. item 8), 83/2012 s. 31(2), repealed by No. 81/2013 s. 285.

Sch. 1A inserted by No. 72/1992
s. 8,
amended by Nos 26/1997 s. 48(f), 46/1998 s. 7(Sch. 1), 30/1999 ss 27, 28, repealed by No. 61/1999 s. 19.

Sch. 1

Sch. 2 amended by No. 87/2005 s. 19, repealed by No. 81/2013 s. 285.

Ss 23, 25, 39.

THIRD SCHEDULE

Sch. 3

FORM A

We certify that on the day of 19 we examined
a member of the Police Force of Victoria and we further certify that we believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.

Dated this day of 19

Members of the Medical Board.

s. 5(3).

FORM B

Having considered medical evidence submitted to us as to the health of
a member of the Police Force of Victoria, we certify that we believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.

Dated this day of 19

Members of the Medical Board.

Ss 40, 46, 58, 59, 60.

FOURTH SCHEDULE

Scales of Pensions, Allowances and Gratuities

PART I

Members of the Police Force

(a) Ordinary Pensions

1 On retirement under section forty-two of this Act—Such proportion of the annual pay as is specified in scale number 1, set out in the subjoined table.

2 On retirement under paragraph (a) of section forty-three of this Act—Such proportion of the annual pay as is specified in scale number 2, set out in the said table.

(b) Special Pensions

3 On retirement under paragraph (b) of section forty-three of this Act—

(a) On total disablement from an injury received in the execution of duty—

(i) if the injury is non-accidental, such proportion of the annual pay as is specified in scale number 3 in the said table;

(ii) if the injury is accidental, such proportion of the annual pay as is specified in scale number 4 in the said table;

cl. 3(a)(iii) amended by No. 120/1994
s. 6(2)(a).

(iii) if it is not possible to determine definitely whether the injury is accidental or non-accidental, such rate intermediate between the rates prescribed in the preceding paragraphs (i) and (ii) as ESS Board determines.

(b) On partial disablement from an injury received in the execution of duty—

Such proportion of the pension applicable in case of total disablement as the degree of disablement bears to total disablement:

Provide that the pension shall not be less than such proportion of the annual pay as is specified, if the injury was non-accidental, in scale number 5 in the subjoined table, and otherwise in scale number 6 in the said table.

(c) Gratuities

Sch. 4 cl. 4 amended by No. 40/2010 s. 43(3).

4 On retirement under paragraph (c) of section forty-three of this Act—The gratuity shall be an amount equal to one-twelfth of the annual pay for each completed year of approved service or, where a member of the force has not completed one year of approved service, an amount equal to one-twelfth of the whole pay received by him or her.

TABLE

Scales of Pensions

Sch. 4 Pt 2 (Headings) substituted by Nos 8722
s. 3(a), 40/2010 s. 41(1).

Nos 5460 s. 5, 5897 s. 3,
6091 s. 2.

PART II

Partners, Children and Adult Children

(a) Partners' Pensions

Sch. 4 cl. 5 amended by No. 6957
s. 11(1), substituted by Nos 8179
s. 3(t), 8722
s. 3(b), amended by No. 40/2010 ss 41(2), 43(1).

5 Partner's ordinary pension—The pension shall be at the rate per annum specified hereunder (increased both as to annual rate and as to maximum amount by 331/3 per centum per annum), that is to say—

Pensions payable to partner of a member or pensioner whose death or retirement occurred before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971—

If the deceased partner was at the time of his or her death or retirement a police cadet constable or first constable—$144 per annum, together with an additional $4 per annum for each full year of approved service over and above five years:

Provided that the maximum pension shall not exceed $250 per annum;

If the deceased partner was at the time of his or her death or retirement a senior constable—$264 per annum together with an additional $4 per annum for each full year of approved service as a senior constable:

Provided that the maximum pension shall not exceed $312 per annum;

If the deceased partner was at the time of his or her death or retirement a sergeant—$374 per annum;

If the deceased partner was at the time of his or her death or retirement a sub-inspector or station officer—$432 per annum;

If the deceased partner was at the time of his or her death or retirement an inspector or of a higher rank than inspector—$456 per annum.

Pensions payable to partner of a member or pensioner whose death or retirement occurred after the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971—

If the deceased partner was at the time of his or her death or retirement a police cadet constable or senior constable—$144 per annum, together with an additional $4 per annum for each full year of approved service over and above five years:

Provided that the maximum pension shall not exceed $250 per annum;

If the deceased partner was at the time of his or her death or retirement a sergeant—$264 per annum together with an additional $4 per annum for each full year of approved service as a senior constable before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971 and as a sergeant after the commencement of the said Act:

Provided that the maximum pension shall not exceed $312 per annum;

If the deceased partner was at the time of his or her death or retirement a senior sergeant—$374 per annum;

If the deceased partner was at the time of his or her death or retirement a station officer—$432 per annum;

If the deceased partner was at the time of his or her death or retirement an inspector or of a higher rank than inspector—$456 per annum.

Sch. 4 cl. 6 substituted by No. 8722
s. 3(c), amended by No. 40/2010 ss 41(3), 43(1).

6 Partner's special pension—The pension shall be equal to 16/45 of the annual pay of his or her partner at the time of his or her death or retirement.

Heading preceding Sch. 4 cl. 7 amended by No. 8722
s. 3(d), substituted by No. 40/2010 s. 41(4).

(b) Partners' Gratuities

Sch. 4 cl. 7 substituted by No. 7538 s. 5, amended by No. 8722
s. 3(e), substituted by No. 9066
s. 9(a), amended by Nos 10087
s. 3(1)(Sch. 1 item 183(a)), 120/1994
s. 6(2)(b).

7 The gratuity shall be of such amount as the ESS Board determines after taking into consideration—

Sch. 4 cl. 7(a) amended by Nos 120/1994
s. 6(2)(c), 40/2010 s. 41(5).

(a) the advice of the actuary as to value of the pension to which the partner was entitled at the time he or she applied for a gratuity;

Sch. 4 cl. 7(b) amended by No. 40/2010 s. 41(5).

(b) the proportion of the pension which the partner wishes to receive as a gratuity; and

Sch. 4 cl. 7(c) amended by No. 40/2010 s. 41(5).

(c) the value of any payments of the pension made to the partner after he or she applied for a gratuity.

Heading preceding Sch. 4 cl. 8 substituted by No. 40/2010 s. 41(6).

(c) Children's and Adult Children's Allowances

S. 45.

No. 5897 s. 4.

Sch. 4 cl. 8 substituted by No. 6486
s. 2(3), amended by Nos 7417
s. 12(1)(a), 7910 s. 11(3)(a), 8314 s. 11(a), substituted by No. 8722
s. 3(f), amended by No. 40/2010 s. 41(7)(a).

8 The pension applicable to a child or adult child of a deceased member or pensioner shall be—

Sch. 4 cl. 8(1) amended by No. 40/2010 s. 41(7)(b).

(1) If the partner of the member or pensioner is alive—

Sch. 4 cl. 8(1)(a) amended by No. 40/2010 s. 41(7)(c).

(a) where there is not more than three such children or adult children, an amount equal to 10 per cent of the member's or pensioner's pension;

Sch. 4 cl. 8(1)(b) amended by No. 40/2010 s. 41(7)(c)(d).

(b) where there are four or more such children or adult children, an amount equal to 30 per cent of the member's or pensioner's pension divided by the number of children and adult children in respect of whom the pension is for the time being payable—

or $312 per annum, whichever is the greater.

Sch. 4 cl. 8(2) amended by No. 40/2010 s. 41(7)(b)(e).

(2) If the partner of the member or pensioner is dead or divorced the pension applicable to a child or adult child shall be—

Sch. 4 cl. 8(2)(a) amended by No. 40/2010 s. 41(7)(e).

(a) where there is one such child or adult child, an amount equal to 45 per cent of the pension of the deceased member or pensioner;

Sch. 4 cl. 8(2)(b) amended by No. 40/2010 s. 41(7)(c).

(b) where there are two such children or adult children, an amount equal to 40 per cent of the pension of the deceased member or pensioner;

Sch. 4 cl. 8(2)(c) amended by No. 40/2010 s. 41(7)(c).

(c) where there are three such children or adult children, an amount equal to 30 per cent of the pension of the deceased member or pensioner;

Sch. 4 cl. 8(2)(d) amended by No. 40/2010 s. 41(7)(c)(d).

(d) where there are four or more such children or adult children, an amount equal to the pension of the deceased member or pensioner divided by the number of children and adult children in respect of whom the pension is for the time being payable—

or $624 per annum, whichever is the greater.

(3) In this clause pension of a member or pensioner means—

Sch. 4 cl. 8(3)(a) amended by No. 40/2010 s. 43(1)(2).

(a) on the death of a member before retirement, the pension to which the member would have been entitled if he or she had been of an age to retire at the time of his or her death; and

cl. 8(3)(b) amended by Nos 9460
s. 4(g), 40/2010 s. 43(1)(3).

(b) on the death of the member after retirement the pension payable to him or her at the time of his or her retirement.

Sch. 4 cl. 8(4) amended by No. 40/2010 s. 41(7)(e).

(4) Where but for this clause pensions would be payable in respect of a child or adult child as a child or adult child of more than one member only the pension which is the greater shall be payable in respect of that child or adult child.

(5) A pension is not payable under this clause in respect of a child born more than ten months after the death of the member or pensioner.

Sch. 4 cl. 9 substituted by No. 6486
s. 2(3), amended by No. 7417
s. 12(1)(b), substituted by No. 7910
s. 11(3)(b), amended by No. 40/2010 s. 41(8).

9 Children's allowances shall be payable to children—

(a) who are under the age of eighteen years; or

Sch. 4 cl. 9(b) amended by Nos 8314
s. 11(b), 40/2010 s. 41(8).

(b) who are between the ages of eighteen years and twenty-five years and who in the opinion of the Board are full-time students—

and to adult children.

Sch. 4 cl. 9A inserted by No. 7910
s. 11(3)(b).

9A An allowance in respect of a child shall be payable until the end of the fortnightly pay period in which—

Sch. 4 cl. 9A(a) amended by Nos 8314
s. 11(b), 40/2010 s. 43(2).

(a) he or she attains the age of 18 years or in the case of a student he or she attains the age of twenty-five years or the Board ceases to be satisfied that he or she is a full-time student; or

Sch. 4 cl. 9A(b) amended by Nos 8314
s. 11(b), 40/2010 s. 43(2).

(b) he or she dies, if he or she dies before attaining the age of 18 years or the age of twenty-five years (as the case may be).

Sch. 4 cl. 9B inserted by No. 7910
s. 11(3)(b).

9B The Board may at any time require such evidence as it thinks fit in order to decide whether or not a child is a full-time student.

Sch. 4 cl. 9C inserted by No. 40/2010 s. 41(9).

9C An allowance in respect of an adult child is payable until the end of the fortnightly pay period in which—

(a) the Board ceases to be satisfied that he or she is an adult child; or

(b) he or she dies—

whichever is the earlier.

Heading preceding Sch. 4 cl. 10 substituted by No. 40/2010 s. 41(10).

(d) Children's and Adult Children's Gratuities

Sch. 4 cl. 10 amended by Nos 120/1994
s. 6(2)(a), 40/2010 ss 41(11), 43(2)(4) (as amended by No. 32/2011 s. 23).

10 The gratuity shall be of such amount as ESS Board determines, not exceeding one-sixtieth of the annual pay for each completed year of approved service of the member of the force or pensioner, or, where he or she had not completed one year of approved service, not exceeding one-sixtieth of the annual pay, so that the total amount of any gratuity or gratuities granted to the children and adult children or to the widow or widower and children and adult children does not exceed one-twelfth of the annual pay for each completed year of approved service, and the total amount of any gratuities granted to the children and adult children shall not, in any case, exceed the annual pay.

(e) Dependants' Gratuities

Sch. 4 cl. 11 amended by No. 40/2010 s. 43(1).

11 The total amount of any gratuity or gratuities paid to a dependant or dependants of a member of the force or pensioner shall not exceed the amount of the rateable deductions which have been made from his or her pay.

PART III

General Rules

12 The same person shall not be entitled, unless expressly so provided in Division two of Part III of this Act, to a gratuity in addition to a pension or allowance, or to both an ordinary pension and a special pension.

Sch. 4 cl. 13 amended by Nos 8722
s. 3(g), 120/1994
s. 6(2)(d)(e), 40/2010 s. 42(1).

13 A gratuity shall be paid in one sum, except that in special cases it may be paid by instalments or applied on behalf of the grantee if the ESS Board determines that it would be to the advantage of a partner, child or adult child to do so; and a child's or adult child's allowance or gratuity or a dependant's gratuity may be paid to a guardian or trustee if the ESS Board determines that it would be to the advantage of the child, adult child or dependant to do so.

Sch. 4 cl. 14 amended by No. 120/1994
s. 6(2)(b), substituted by No. 40/2010 s. 42(2).

14 (1) If the partner of a member of the force was at the time of the member's death living apart from the member (not having been deserted by the member), a pension or gratuity is to be paid to the partner only if the ESS Board is satisfied that the member regularly contributed to the partner's support.

(2) The amount of a pension under subclause (1) must not exceed the amount that the member contributed.

Sch. 4 cl. 15 substituted by No. 8722
s. 3(h).

Sch. 4 cl. 15(1) amended by Nos 9906 s. 13, 10087
s. 3(1)(Sch. 1 item 183(b)), substituted by No. 40/2010 s. 42(3).

15 (1) If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless—

(a) the pensioner was in receipt of a pension under section 43 at the time the person became the pensioner's partner; or

(b) the person became the pensioner's partner three years or more before the death of the pensioner.

Sch. 4 cl. 15(2) amended by Nos 9975 s. 7, 120/1994
s. 6(2)(c), repealed by No. 40/2010 s. 42(4).

Sch. 4 cl. 15(3) substituted by No. 40/2010 s. 42(5).

(3) A partner of a pensioner who became the pensioner's partner after the pensioner's retirement is not entitled to receive at the same time a pension as a surviving partner and as a former member but is entitled to whichever of those pensions is greater.

Sch. 4 cl. 16 amended by Nos 8722
s. 3(i)(i)(ii), 120/1994
s. 6(2)(a), 40/2010 ss 42(6), 43(1).

16 The pension of the partner of a member of the force to whom a gratuity has been granted on retirement shall be payable as from such date after his or her death as ESS Board determines and the pension of the partner of a pensioner shall be payable as from the end of the last period in respect of which the pensioner's pension was paid.

Sch. 4 cl. 17 substituted by No. 8722
s. 3(j), repealed by No. 120/1994
s. 6(2)(f).

Sch. 4 cl. 18 repealed by No. 8722
s. 3(j), new Sch. 4 cl. 18 inserted by No. 9066
s. 9(b), amended by No. 40/2010 s. 42(6).