September 2002 Volume 83 Number 9 "serving the protectors"
Police Super Update www.policesuper.sa.gov.au
By Micheal Hogg

What happens to my police pension upon my death?

For serving police officers who are members of the Police Pension Scheme (serving members), and retired members of the Police Pension Scheme who are in receipt of a police pension, the scheme provides a pension benefit to your spouse, eligible child/children or a lump sum to your estate in the event of your death.

Serving members

In the event of your death, a superannuation benefit is payable to:
a) your lawful spouse if he or she became your lawful spouse before the date of death; or
b) a person who was cohabiting with you, at the date of death, as your husband or wife de facto continuously for the period of 5 years or for periods aggregating not less than 5 years during the period of 6 years immediately preceding the date of death; or
c) a person who was cohabiting with you, at the date of death, either as a lawful or de facto spouse (or in both those capacities at different times) continuously for the period of 5 years or for periods aggregating not less than 5 years during the period of 6 years immediately preceding death.

In cases where a person makes a claim as the husband or wife de facto of a deceased member, the person will be required to provide evidence of the relationship by way of a statutory declaration to the Police Superannuation Board which will determine the claim.

If you are survived by a spouse and an eligible child/children, a separate superannuation pension benefit is payable to the eligible child. An eligible child is a child of the deceased who is under 16 years of age or over 16 but under 25 years of age and a full-time student.

If you are survived by an eligible child/children but not a spouse, a superannuation pension benefit is payable to an eligible child. In addition, a lump sum superannuation benefit is payable to your estate.

If you are not survived by a spouse or an eligible child/children, a lump sum superannuation benefit is payable to your estate.

Retired members

In the event of your death, a superannuation benefit is payable to:
a) your lawful spouse if he or she was your lawful spouse for a period of 5 years immediately preceding the date of death.
b) a person who was cohabiting with you, at the date of death, as your husband or wife de facto continuously for the period of 5 years or for periods aggregating not less than 5 years during the period of 6 years immediately preceding the date of death; or
c) a person, who was cohabiting with you, at the date of death, either as a lawful or de facto spouse (or in both those capacities at different times) continuously for the period of 5 years or for periods aggregating not less than 5 years during the period of 6 years immediately preceding the date of death.

In cases where a person makes a claim as the husband or wife de facto of a deceased member, the person will be required to provide evidence of the relationship by way of a statutory declaration to the Police Superannuation Board which will determine the claim.

If you are survived by a spouse and an eligible child/children, a separate superannuation pension benefit is payable to the eligible child. An eligible child is a child of the deceased who is under 16 years of age or over 16 but under 25 years of age and a full-time student.

If you are not survived by a spouse or an eligible child/children, a lump sum superannuation benefit may be payable to your estate. A retired member must have received a minimum of 4.5 years of pension payments. In cases where a retired member was in receipt of a pension for less than 4.5 years, a lump sum payable to the estate would be based on 4.5 years of pension payments less the amount of any pension or lump sum amounts paid prior to the date of death.

Divorce/separation

A divorce will disentitle a spouse from receiving a superannuation benefit, however, separation will not. If a deceased member is survived by a legal and a putative de facto spouse, the superannuation benefit will be split between the two spouses.

Will

In cases where a lump sum is payable to an estate, it is important that you have an up-to-date will in place to ensure the lump sum benefit is distributed in the way that you intended it to be. If you have a will and your personal circumstances change (eg divorce, marriage), it is important that your will is changed and kept up to date. You might not know that a divorce does not revoke a will. Marriage does revoke a will and you need to change your will accordingly.

Police Superannuation office:
Ground floor, 30 Flinders St, Adelaide, 5000.
Postal Address: GPO Box 1539, Adelaide, 5001.
Internal postcode: 128.
Phone: 8204 2964 or 8204 2965.
Fax: 8204 2303.
E-mail: admin@policesuper.sa.gov.au
SAPOL Intranet: Police Superannuation,
Services, Business Service, FMSB.

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