What happens to my police pension upon my death?
For serving police officers who are members of the Police Pension Scheme,
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 and an eligible child or children. In some cases, a lump sum
may be payable 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 five
years or for periods aggregating not less than five years during the
period of six 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 five years or for periods aggregating
not less than five years during the period of six years immediately
preceding death; or
d) a person who is the natural parent of a child of whom you are the
other natural parent
e) a person who was cohabiting with you at the date of death as your
putative spouse.
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 five 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 five
years or for periods aggregating not less than five years during the
period of six 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 five years or for periods aggregating
not less than five years during the period of six years immediately
preceding the date of death.
d) a person who is the natural parent of a child of whom you are the
other natural parent
e) a person who was cohabiting with you at the date of death as your
putative spouse.
General information
If you are survived by a spouse and an eligible child or 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.
In cases in which 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 a statutory declaration to the
Police Superannuation Board, which will determine the claim.
In cases in which a person makes a claim as the putative spouse
of a deceased member, the de facto partner, including a same-sex partner,
will be required to seek a putative spouse declaration from the District
Court. In order to obtain a declaration as a putative spouse, the
person must have been cohabiting with the deceased member at the date
of death and:
a) had cohabited with the deceased member continuously for the period
of five years immediately preceding that date; or
b) had cohabited with the deceased member for five out of six years
before the date of death; or
c) be the natural parent of a child of whom the deceased member was
the other natural parent.
If you are not survived by a spouse or an eligible child or children,
a lump sum superannuation benefit may be payable to your estate.
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.
Family law superannuation split
The payment of a superannuation split under Family Law will disentitle
a spouse from receiving a superannuation benefit.
Will
In cases in which 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. You should seek professional
advice in the event of any changes to your personal circumstances.
Member information
For information regarding superannuation, contact the Police Superannuation
Office or refer to the website above. Access to the website is now
available on the SAPOL Intranet under Services, Business Service,
FMSB. Group information sessions can be arranged upon request.
