39Payments on the death of an employee

39 Payments on the death of an employee

(1) This section applies to a person who was an employee of a statutory authority immediately before the transfer day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years. (2) If the person dies on or after the transfer day and immediately before his or her death: (a) the person was an employee of the industry services body; and (b) the person’s combined service period was at least one year; and (c) the person had one or more dependants; the industry services body must make a payment to the dependant or dependants. (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 38 if, on the day of his or her death, the person had instead stopped being an employee of the industry services body on or after reaching the minimum retiring age. (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if: (a) that section applied to an employee of the industry services body; and (b) a reference in that section to the approving authority were a reference to the industry services body; and (c) for the expression “this Act” in that section there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”; and (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 39 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.