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53 Benefit on death of new scheme member before retirement S. 53(1) amended by No. 81/1988 s. 30(a), repealed by No. 120/1994 s. 57(l).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. S. 53(4A) inserted by No. 110/1993 s. 78(2), substituted by No. 120/1994 s. 60(2), amended by No. 61/2013 s. 21(3). (4A) Unless subsection (8A) applies, on the death of a prescribed fire-fighter who has 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. S. 53(4B) inserted by No. 120/1994 s. 60(2). (4B) A benefit calculated under subsection (4) and (4A) must not be less than the benefit that would have been payable if the prescribed fire-fighter had died on 31 December 1993 under this section as in force at that date. S. 53(5) amended by Nos 120/1994 s. 60(1), 61/2013 s. 21(4). (5) Unless subsection (8A) applies, on the death of a new scheme member (other than a prescribed fire‑fighter) who has 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 his or her accrued retirement benefit. S. 53(5A) inserted by No. 37/2007 s. 33(1), amended by No. 61/2013 s. 21(5). (5A) Unless subsection (8A) applies, if subsection (3), (4), (4A) or (5) applies and there are any dependants, the Board may in its discretion pay the whole or part of the benefit to the personal representative of the new scheme member. S. 53(6) amended by Nos 81/1988 s. 30(b), 27/2001 s. 5(Sch. 3 item 5.13), 40/2010 s. 85(2)(a), 61/2013 s. 21(6). (6) Unless subsection (8A) applies, on the death of a new scheme member before retirement the Board must pay to each child or adult child of the partner or the deceased new scheme member— S. 53(6)(a) amended by Nos 110/1993 s. 71(1), 40/2010 s. 85(2)(b). (a) for each eligible child or eligible adult child not exceeding 4, a pension equal to 5 per cent of the new scheme member's final average salary; or S. 53(6)(b) amended by Nos 110/1993 s. 71(1), 40/2010 s. 85(2)(c). (b) if there are more than 4 eligible children and eligible adult children, for each eligible child or eligible adult child an equal share of 20 per cent of the new scheme member's final average salary. S. 53(7) amended by Nos 4/1996 s. 110(2), 94/2005 s. 45, 61/2013 s. 21(7). (7) Unless subsection (8A) applies, if on the death of a new scheme member before retirement there are no dependants, the Board must pay to his or her personal representative the actual amount contributed by him or her to the State Superannuation Fund and the Fund and interest at the rate which is the prescribed rate under section 58(1). S. 53(8) amended by No. 61/2013 s. 21(8). (8) Subject to subsection (8A), the Board may assume that there are no dependants for the purposes of subsection (7) if— (a) no dependants have been registered under subsection (2); and (b) the Board has not received any claims by dependants within 12 months of the death of the new scheme member. S. 53(8A) inserted by No. 61/2013 s. 21(9). (8A) Subject to any specified standards, if the new scheme member has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the new scheme member that is payable under this section in accordance with the notice. S. 53(9) inserted by No. 37/2007 s. 33(2). (9) For the purposes of this section, ***personal representative*** has the same meaning as it has in section 5(1) of the **Administration and Probate Act 1958**. S. 53A inserted by No. 40/2010 s. 86.