53Benefit on death of new scheme member before retirement

53 Benefit on death of new scheme member before retirement

S. 53(1) amended by No. 81/1988
s. 30(a), repealed by No. 120/1994
s. 57(l).

S. 53(2) amended by No. 27/2001 s. 5(Sch. 3 item 5.13).

(2) A new scheme member may register the names of persons which he or she considers to be his or her dependants (other than a partner or child) with the Board for the purposes of this section.

S. 53(2A) inserted by No. 40/2010 s. 85(1).

(2A) Without limiting subsection (2), a new scheme member may register 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 new scheme member for financial support.

S. 53(2B) inserted by No. 40/2010 s. 85(1).

(2B) A person who has not been registered under this section may lodge a claim in a form approved by the Board—

(a) as a dependant of a deceased new scheme member; or

(b) to be considered an adult child—

(i) on the death of a new scheme member; or

(ii) if the person is a child of a deceased new scheme member, on the expiration of his or her child pension.

S. 53(3) amended by Nos 110/1993 s. 71(2), 120/1994 ss 60(1), 65(b), 61/2013 s. 21(1).

(3) Unless subsection (8A) applies, on the death of a new scheme member (other than a prescribed fire-fighter) who has not attained the age of 60 years before retirement the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to the accrued retirement benefit which would have been payable if the new scheme member had retired at 60 years of age and was contributing at 3 per cent of final average salary from the date of death until the date of retirement as if his or her final average salary at death had been his or her final average salary at the date of retirement.

S. 53(4) amended by No. 110/1993
ss 71(2), 78(1)(a)(b), substituted by No. 120/1994
s. 60(2), amended by No. 61/2013 s. 21(2).

(4) Unless subsection (8A) applies, subject to section 52(3), on the death of a prescribed fire-fighter who has not attained the age of 55 years before retirement, the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to his or her accrued retirement benefit calculated as the total of the sums under section 52(2) and an amount calculated at the rate of 24 per cent of final average salary of the prescribed fire-fighter for each year from the date of death until the age of 55 years as if his or her final average salary at death had been his or her final average salary at the age of 55 years.