34Payments on the death of an employee

34 Payments on the death of an employee

(1) This section applies to a transferring employee whose period of service for the purposes of the Long Service Leave Act immediately before the transfer time was less than 10 years. (2) If the employee dies after the transfer time and, immediately before his or her death: (a) the employee was an employee of the industry services body; and (b) the employee’s combined service period was at least one year; and (c) the employee 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 employee under section 33 if, on the day of his or her death, the employee 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 34 of the Pig Industry Act 2001”; and (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 34 of the Pig Industry Act 2001”.