Payment to be made where an officer entitled to extended leave has died
5 Payment to be made where an officer entitled to extended leave has died
If an officer has acquired a right under clause 3 to extended leave with pay and dies before starting it, or after starting it dies before completing it—
the spouse of the officer, or
if there is no such spouse, the children of the officer, or
if there is no such spouse or children, the person who, in the opinion of the relevant Authority, was, at the time of the officer’s death, a dependent relative of the officer,
is entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary that the officer received at the time of his or her death less any amount paid to the officer in respect of the leave not taken, or not completed.
If an officer with at least 5 years’ service as an adult and less than 10 years’ service as referred to in clause 1(4) dies—
the spouse of the officer, or
if there is no such spouse, the children of the officer, or
if there is no such spouse or children, the person who, in the opinion of the relevant Authority, was, at the time of the death of the officer, a dependent relative of the officer,
is entitled to receive the money value of the leave which would have accrued to the officer had his or her services terminated as referred to in clause 3(4), computed at the rate of salary that the officer received at the time of his or her death.
If there is a guardian of any children entitled under subclause (1) or (2), the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.
If there is no person entitled under subclause (1) or (2) to receive the money value of any leave not taken or not completed by an officer or which would have accrued to an officer, payment in respect of that leave must be made to the officer’s personal representatives.
If it appears to the relevant Authority that more than one person is entitled as a spouse to payment of the money value of leave under this section, the Authority must pay the amount to the deceased officer’s personal representatives.
Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.
If payment of the money value of leave has been made under this Act, the relevant Authority ceases to be liable for payment of any amount in respect of that leave.
In this clause, spouse of an officer includes a de facto partner of the officer at the time of his or her death.
Note.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
This Act’s bill:Explanatory memorandum
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