93Death of eligible member entitled to extended leave

93 Death of eligible member entitled to extended leave

93 Death of eligible member entitled to extended leave

(1) This section applies in relation to an eligible member who—

(a) has an entitlement to—

(i) extended leave under this part, or

(ii) a payment under section 92, and

(b) dies—

(i) before taking the extended leave, or

(ii) after starting, but before completing, the extended leave, or

(iii) before receiving the payment.

(2) The money value of the eligible member’s unused entitlement or the unpaid payment, calculated at the eligible member’s salary on death, must be paid to—

(a) the eligible member’s surviving spouse or de facto partner, or

(b) if there is no surviving spouse or de facto partner—the eligible member’s children, or

(c) if there is no surviving spouse, de facto partner or child—a person who, in the opinion of the Commissioner, was, when the eligible member died, a dependant relative of the eligible member, or

(d) if paragraphs (a)–(c) do not apply—the eligible member’s personal representative.

(3) If a child to whom a payment is to be made under this section has a guardian, the payment may be made to the guardian for the maintenance, education and advancement of the child.

(4) If a payment of the money value of leave has been made under this section, the State and the Commissioner have no further liability for payment of any amount in relation to the leave.