South Australian Consolidated Regulations South Australian Consolidated Regulations (1) If a member's
employment is terminated by the member's death—
(a) if
the deceased member is survived by a spouse—a payment will be made to
the spouse;
(b) if
the deceased member is not survived by a spouse—a payment will be made
to the member's estate.
(2) The amount of the
payment under subregulation (1)(a) or (b) is the aggregate of the
following amounts:
(a) the
employee component;
(b) the
employer component;
(c) the
rollover component (if any);
(d) the
co-contribution component (if any);
(e)
subject to this regulation and regulation 49(6) and (7)—the basic
death insurance benefit and the voluntary death insurance benefit (if any).
(3) However, a
surviving spouse will not be entitled to a benefit under this regulation if
regulation 69 applies to the spouse.
(4) The basic and
voluntary death insurance benefits are not payable in respect of the death of
a member that occurs within 6 months of the commencement of his or her
membership of the scheme if the death is attributable to a medical condition
existing before that commencement.
(5) Subject to
subregulation (6), if a member takes his or her life—
(a)
within 1 year after the commencement of his or her membership of the
scheme; or
(b)
within 1 year after the commencement of, or increase in the level of,
voluntary invalidity/death insurance,
the following provisions apply:
(c) if
death occurs within 1 year after the commencement of membership of the
scheme or commencement of voluntary invalidity/death insurance—neither
basic nor voluntary death insurance benefits are payable;
(d) if
death occurs within 1 year after an increase in the level of voluntary
invalidity/death insurance—voluntary death insurance benefits are not
payable in respect of the increased insurance.
(6)
Subregulation (5)(c) does not apply in relation to a member who was a
member of the State Scheme or any other scheme of superannuation established
for the benefit of the employees of an agency or instrumentality of the Crown
immediately before becoming a member of the Triple S scheme if his or her
death occurred on or after the first anniversary of the commencement of his or
her membership of the State Scheme or other scheme.
(a) the
member was, immediately before his or her death, a police officer; and
(b) the
member died from injuries received in the course of duty,
the member's spouse or estate is entitled to benefits under
subregulation (2) or to payment of an amount calculated as follows,
whichever is the greater:
Where—
"A" is the amount
"S" is—
(a) if
the member—
(i)
held the rank of senior sergeant or a lower rank
immediately before his or her death; and
(ii)
was at any time during his or her membership of South
Australia Police rostered to work on day, afternoon and night shifts, or on
any two of those shifts, on a rotating basis; and
(iii)
was not, immediately before his or her death, employed on
a permanent basis on special duties at a salary level greater than that
payable to a senior sergeant,
the member's actual or attributed salary as defined by the Police
Superannuation Act 1990 (expressed as an annual amount) increased by 10%;
(b) in
any other case—the member's actual or attributed salary as defined by
the Police Superannuation Act 1990 (expressed as an annual amount).
(8) When determining
for the purposes of subregulation (7) whether a member's spouse or estate
is entitled to benefits under subregulation (2) or to a payment under
subregulation (7), the rollover component (if any) and the
co-contribution component (if any) will be disregarded (the spouse or estate
is entitled to payment of the rollover component and the co-contribution
component in addition to a payment under subregulation (7)).
(9)
Subregulation (7) does not apply to a police officer who is a member of
the scheme by virtue only of regulation 9(5) or (7) (or both).
(10) If a member who
has died is not survived by a spouse and probate or letters of administration
in relation to the deceased's estate have not been granted to any person, the
Board may use the amount payable under this regulation, or such part of it as
is required, to pay the funeral expenses of the deceased member or to
reimburse a person who has paid those expenses.
(11) If—
(a) a
member's employment terminates or is terminated for any reason (except the
member's death); and
(b) the
member dies within 1 month after the termination of his or her
employment,
the member's spouse or estate is entitled to the basic death insurance benefit
and the voluntary death insurance benefit (if any) that the spouse or estate
would have been entitled to if the member's employment had been terminated by
the member's death.