100Payment where member of the
NSW Police Force has died
(1)
If a member of the NSW Police Force has acquired
a right to extended leave with pay and dies before starting it, or after
starting it dies before completing it:
(a)
the member’s surviving spouse,
or
(b)
if there is no such surviving spouse, the
member’s children, or
(c)
if there is no such surviving spouse or child, a
person who, in the opinion of the Commissioner, was, at the time of the
member’s death, a dependant relative of the
member,
is or are entitled to receive the money value of the
leave not taken, or not completed, calculated at the rate of salary that the
member received at the time of his or her death, less any amount paid to the
member in respect of the leave not taken, or not
completed.
(2)
If a member of the NSW Police Force with at least
5 years’ service as an adult and less than 10 years’ service
dies:
(a)
the member’s surviving spouse,
or
(b)
if there is no such surviving spouse, the
member’s children, or
(c)
if there is no such surviving spouse or child, a
person who, in the opinion of the Commissioner, was, at the time of the death
of the member, a dependant relative of the member,
is or are entitled to receive the money value of the
leave which would have accrued to the member had his or her services
terminated, calculated at the rate of salary that the member was receiving at
the time of his or her death.
(3)
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.
(4)
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 a member of the NSW Police Force or which would have accrued to a member of
the NSW Police Force, payment in respect of that leave must be made to the
member’s personal representatives.
(5)
Any payment under this clause is in addition to
any payment due under any Act under which superannuation benefits are
paid.
(6)
If payment of the money value of leave has been
made under this clause, the Crown and the Commissioner cease to be liable for
payment of any amount in respect of that leave.
(7)
In this clause, surviving spouse of a member of the
NSW Police Force who has died includes any person who, immediately before the
death, was the de facto partner of the member.
Note—
“De facto partner” is defined in
section 21C of the Interpretation Act
1987.
cl 100: Am 2010 No
19, Sch 3.76 [1] [2].