Tasmanian Numbered Regulations

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RETIREMENT BENEFITS (PARLIAMENTARY SUPERANNUATION) REGULATIONS 2002 (S.R. 2002, NO. 176) - REG 61

Eligibility for death or invalidity benefit
(1)  A member to whom this Part applies is entitled to be paid an invalidity benefit if –
(a) the Committee is satisfied, on the report of a duly qualified 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
(b) the member ceases to be a member.
(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.
(3)  On the death of a member, a death benefit is payable, subject to subregulation (4) , to the widow or widower of the member or to his or her personal representatives, as the Board may determine.
(4)  A death benefit is not payable to a widow or widower if, at the time of the member's death –
(a) the widow or widower was living apart from the member; and
(b) the Board is satisfied, after making due enquiry, that the widow or widower was not receiving any significant financial support from the member.



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