38Benefit on death before early retirement age

#### 38 Benefit on death before early retirement age 38 Benefit on death before early retirement age > > (1) The benefit provided by this section is payable by STC where a contributor dies before attaining the early retirement age during employment with an employer and is so payable— > > > > > (a) where the contributor is survived by a spouse or de facto partner—to the contributor’s spouse or de facto partner, or > > > > > (b) where the contributor is not survived by a spouse or de facto partner—to the personal representatives of the contributor or, if appropriate, in accordance with section 51 (Payment without grant of probate etc). > > > (2) The benefit provided by this section in relation to a contributor is an amount equal to the sum of— > > > > > (a) the amount of the contributor-financed benefit, > > > > > (b) an amount of employer-financed benefit calculated in accordance with the formula— > > > > > > %20AND%20(No%3D211)%20AND%20(Year%3D1987)%20AND%20(%22Historical%20Document%22%3D0))/g7.gif) > > > where— > > > > > > E represents the amount to be ascertained, > > > > > > S represents the higher of the contributor’s final salary or the contributor’s final average salary, and > > > > > > A represents the accrued benefit points for the contributor at the contributor’s exit date, and > > > > > (c) where an approval under section 20 (Additional benefit) is in force—the amount of the additional benefit. > > > (3) If STC makes a determination under section 45A in relation to a benefit to be provided by this section, the amount of that benefit is reduced by the amount specified in STC’s determination. > > **s 38:** Am 1988 No 136, Sch 1 (4); 1996 No 39, Sch 4; 1997 No 42, Sch 1.7 \[6\] \[7\].