Binding death benefit nomination and payment of death benefit
80 Binding death benefit nomination and payment of death benefit
In this regulation —
death benefit, of a West State Super Member, means the following —
a benefit that becomes payable under the West State Super Scheme because the Member has died;
the Member’s WSS withdrawal benefit that becomes payable because the Member has died;
a benefit that becomes payable to the Member under the West State Super Scheme but is not paid or transferred under regulation 79 before the Board is notified of the Member’s death.
A West State Super Member may at any time give the Board a notice (a binding death benefit nomination) that —
directs the Board to pay the whole of any death benefit that may become payable in respect of the Member to —
a permitted nominee of the Member specified in the notice; or
2 or more permitted nominees of the Member specified in the notice, in percentages specified in the notice (the aggregate of which must equal 100%);
and
includes a statement that the nomination is to remain in force —
indefinitely; or
for the period approved by the Board under regulation 246C(2) at the time the nomination is given.
A binding death benefit nomination given by a West State Super Member comes into force when it is received by the Board and remains in force until any of the following occurs —
the Board receives a notice given by the Member revoking the binding death benefit nomination;
the Board receives a subsequent binding death benefit nomination given by the Member;
the Member ceases to be a West State Super Member;
for a nomination that includes a statement referred to in subregulation (1A)(b)(ii) — the period referred to in that subregulation expires.
If a binding death benefit nomination is in force in respect of a West State Super Member when the Member dies, the Board must pay the Member’s death benefit in accordance with the nomination unless any person specified in the nomination as a person to whom all or any percentage of the death benefit is to be paid —
cannot be found after the Board has made reasonable enquiries; or
is not a permitted nominee of the Member at the time of the Member’s death.
If no binding death benefit nomination is in force in respect of a West State Super Member when the Member dies, or subregulation (1C)(a) or (b) applies, then subject to subregulation (3) the Board must pay the Member’s death benefit to the executor of the Member’s will or administrator of the Member’s estate.
A benefit paid under subregulation (1C) or (1D) to the executor of a Member’s will or administrator of a Member’s estate —
forms part of the Member’s estate; but
is not an asset in the Member’s estate that is applicable in payment of the Member’s debts and liabilities.
If —
either —
no binding death benefit nomination is in force in respect of a West State Super Member when the Member dies; or
subregulation (1C)(a) or (b) applies;
and
the Board —
has been unable, after making reasonable enquiries, to find an executor of the Member’s will or administrator of the Member’s estate; or
considers it desirable to do so in order to relieve or avoid hardship,
the Board may pay up to $25 000 of a death benefit —
to one or more of the Member’s dependants in proportions determined by the Board; or
if, after making reasonable enquiries, the Board has been unable to find any dependant of the Member, to one or more other individuals in proportions determined by the Board.
[(4) deleted]
[Regulation 80 amended: Gazette 28 Jun 2002 p. 3032-3; 19 Mar 2003 p. 839; 13 Jun 2003 p. 2113; 1 Dec 2004 p. 5706; 13 Apr 2007 p. 1601; 8 Jul 2008 p. 3231‑2; SL 2021/49 r. 7.]
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