45BRegistration of names of dependants

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.