South Australian Repealed Acts

This legislation has been repealed.

SOUTHERN STATE SUPERANNUATION ACT 1994 - SECT 35

35—Death of member

        (1)         Where 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 subsection (1)(a) or (b) is the aggregate of the following amounts:

            (a)         the employee component; and

            (b)         the employer component; and

            (c)         the rollover component (if any); and

            (ca)         the co-contribution component (if any); and

            (d)         subject to this section, the basic death insurance benefit and the voluntary death insurance benefit (if any).

        (2a)         However, a surviving spouse will not be entitled to a benefit under this section if section 35F applies to the spouse.

        (3)         Subject to subsection (4), the basic death insurance benefit is not payable in respect of a member who died within one year after the commencement of his or her membership of the scheme unless—

            (a)         he or she 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 and 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; or

            (b)         death was caused by accidental injury; or

            (c)         the member has applied for and been granted voluntary invalidity/death insurance.

        (4)         Subject to subsection (4aa), where a member takes his or her life—

            (a)         within one year after the commencement of his or her membership of the scheme; or

            (b)         within one year after the commencement of, or increase in the level of, voluntary invalidity/death insurance,

the following provisions apply:

            (c)         where death occurs within one 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)         where death occurs within one 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.

        (4aa)         Subsection (4)(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.

        (7)         If—

            (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 subsection (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 ten per cent;

            (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).

        (7a)         When determining for the purposes of subsection (7) whether a member's spouse or estate is entitled to benefits under subsection (2) or to a payment under subsection (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 subsection (7)).

        (7b)         Subsection (7) does not apply to a police officer who is a member of the scheme by virtue only of section 14(10a) or 15C (or both).

        (8)         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 section, 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.

        (9)         Where—

            (a)         a member's employment terminates or is terminated for any reason (except the member's death); and

            (b)         the member dies within one 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.