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Public Sector Superannuation Reform (Parliamentary Superannuation) Regulations 2016
62Eligibility for death or invalidity benefit
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### 62 Eligibility for death or invalidity benefit
> > (1) A member to whom this Part applies is entitled to be paid an invalidity benefit if –
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> > > > (a) the Committee is satisfied, on the report of a medical practitioner appointed by the Committee, that the member has been rendered totally and permanently incapable of performing the duties of a member, by reason of ill-health or physical incapacity or mental incapacity; and
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> > > > (b) the member ceases to be a member.
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> > (2) A member is not entitled to be paid an invalidity benefit unless he or she makes application, in writing to the Committee, for such a benefit while still a member and the Committee has made a determination while the applicant is still a member.
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> > (3) On the death of a member, a death benefit is payable to –
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> > > > (a) the surviving partner of the member; or
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> > > > (b) if there is no surviving partner – the person with whom the member was in a caring relationship which was the subject of a deed of relationship registered under [Part 2 of the](/view/html/inforce/2026-04-12/act-2003-044#HP2@EN) [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , which deed was revoked by the death of the member; or
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> > > > (c) if there is no person referred to in [paragraph (a)](#GS62@Gs3@Hpa@EN) or [(b)](#GS62@Gs3@Hpb@EN) – the legal personal representative of the member, subject to the production of grant of probate or letters of administration.