Victorian Current Acts

STATE SUPERANNUATION ACT 1988 - SECT 36

    (1)     On the death of a revised scheme member before retirement there is to be paid—

S. 36(1)(a) amended by No. 27/2001 s. 5(Sch.  3 item 5.5).

        (a)     unless subsection (2) applies, to the partner during his or her life sixty-six and two-thirds per cent of the revised scheme member's pension; and

S. 36(1)(b) amended by Nos 120/1994
s. 59(1), 40/2010 s. 78(2).

        (b)     to each child or adult child of the deceased revised scheme member a pension at the rate applicable under subsection (3) or the rate of $312 per annum, whichever is the greater.

S. 36(2) amended by No. 27/2001 s. 5(Sch.  3 item 5.5).

    (2)     A partner is not entitled to receive—

S. 36(2)(a) repealed by No. 110/1993 s. 75(1).

    *     *     *     *     *

S. 36(2)(b) amended by Nos 120/1994
s. 57(a), 27/2001 s. 5(Sch.  3 item 5.5).

        (b)     at any one time more than 1 pension as the partner of a deceased officer but is entitled to receive whichever of those pensions is the greater.

S. 36(3) amended by No. 40/2010 s. 78(3)(a).

    (3)     The pension payable to a child or adult child of a revised scheme member under subsection (1) is—

S. 36(3)(a) amended by No. 40/2010 s. 78(3)(b).

        (a)     if there are not more than 2 eligible children and eligible adult children, an amount equal to eleven and one-ninth per cent of the revised scheme member's pension; or

S. 36(3)(b) amended by No. 40/2010 s. 78(3)(c).

        (b)     if there are 3 or more eligible children and eligible adult children, an amount equal to thirty-three and one-third per cent of the revised scheme member's pension divided by the number of eligible children and eligible adult children for the time being.

S. 36(4) amended by No. 27/2001 s. 5(Sch.  3 item 5.5).

    (4)     If a revised scheme member had attained the age of 65 years and dies before retirement leaving a partner, the pension of the partner is to be determined under section 37 as if the revised scheme member had retired immediately before his or her death.

S. 36(5) amended by No. 27/2001 s. 5(Sch.  3 item 5.5).

    (5)     In addition to any other pension payable under this section, if on the death of a revised scheme member before retirement—

S. 36(5)(a) amended by No. 40/2010 s. 78(4).

        (a)     the Board is satisfied that the revised scheme member was during any continuous period of absence from duty immediately preceding his or her death incapable of performing his or her duties on the ground of disability; and

S. 36(5)(b) amended by No. 27/2001 s. 5(Sch.  3 item 5.5).

        (b)     the revised scheme contributor is survived by a partner—

the Board may authorise payment to the partner of a sum not exceeding the amount of pension which would have been payable to the revised scheme member if during the period of absence he or she had been in receipt of a pension under section 34.

    (6)     Contributions are not required to be made to the Fund for the period in respect of which an amount is calculated under subsection (5).

S. 37 (Heading) inserted by No. 27/2001 s. 5(Sch.  3 item 5.6), amended by No. 40/2010 s. 79(1).