35Payments in lieu of long service leave for employees with less than 10 years service

#### 35 Payments in lieu of long service leave for employees with less than 10 years service > Note: This section provides that, in certain circumstances, a Newco body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 34. (1) This section applies to a person: (a) who became an employee of Newco on the sale day under section 8; and (b) whose period of service for the purposes of the Long Service Leave Act immediately before the sale day was less than 10 years. (2) This section does not apply in relation to an employee who stops being an employee of a Newco body by dying. > Note: Section 36 covers employees who die. (3) Subject to subsection (6), if the employee stops being an employee of a Newco body on or after the day on which his or her combined service period reaches 10 years, the Newco body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 37(2). (4) Subject to subsection (6), if: (a) the employee stops being an employee of a Newco body, on or after reaching the minimum retiring age, or because of retrenchment; and (b) at that time the employee’s combined service period is at least one year; the Newco body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 37(2). (5) Subject to subsection (6), if: (a) the employee stops being an employee of a Newco body; and (b) the Newco body is satisfied that the employee left the Newco body because of ill‑health that justified his or her so leaving; and (c) when the employee left, his or her combined service period was at least one year; the Newco body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 37(2). (6) An employee may, by signed writing given to a Newco body before the employee stops being an employee of the Newco body: (a) ask the Newco body not to make a payment to the employee under this section; or (b) ask the Newco body to make a payment under subsection (3), (4) or (5) of a specified amount that is less than the amount that would otherwise be payable under that subsection. (7) The Newco body must comply with the request made under subsection (6). (8) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if: (a) that section applied to the employee; and (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 35 of the Moomba‑Sydney Pipeline System Sale Act 1994”.