42Payments on death of an employee

42 Payments on death of an employee

(1) A CFM body or a related body must make a payment to a dependant or to 2 or more dependants of an employee if: (a) the employee was an employee of the CFM body immediately before the body’s sale day; and (b) at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years; and (c) from and after the body’s sale day, the employee continued to be employed by the CFM body or a related body; and (d) on or after the body’s sale day, the employee died and immediately before his or her death: (i) the employee was an employee of the CFM body or a related body; and (ii) the employee’s combined service period was at least one year; and (iii) the employee had one or more dependants. (2) A CFM body or a related body must make a payment to the legal personal representative of an employee if: (a) the employee was an employee of the CFM body immediately before the body’s sale day; and (b) at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years; and (c) from and after the body’s sale day, the employee continued to be employed by the CFM body or a related body; and (d) on or after the body’s sale day, the employee died and immediately before his or her death: (i) the employee was an employee of the CFM body or a related body; and (ii) the employee’s combined service period was at least one year; and (iii) the employee did not have any dependants. (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 37 if, on the day of his or her death, the employee had stopped being an employee of the CFM body or the related body on or after reaching the minimum retiring age. (4) If subsection (1) or (2) applies, section 23 of the Long Service Leave Act has effect as if: (a) that section applied to the employee; and (b) a reference in that section to the approving authority were a reference to the CFM body or the related body; and (c) for the expression “this Act” in that section there were substituted the expression “section 42 of the CFM Sale Act 1996”; and (d) for the expression “subsection 16(7) or 17(5)” in that section there were substituted the expression “section 42 of the CFM Sale Act 1996”.