98Death of eligible member with accrued annual leave

98 Death of eligible member with accrued annual leave

98 Death of eligible member with accrued annual leave

(1) This section applies in relation to a NSW Police Force senior executive who—

(a) has an entitlement to—

(i) accrued annual leave that has not been—

(A) taken by the senior executive, or

(B) forfeited under this part, or

(ii) a payment under section 97, and

(b) dies—

(i) before taking the annual leave, or

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

(iii) before receiving the payment.

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

(a) the senior executive’s surviving spouse or de facto partner, or

(b) if there is no surviving spouse or de facto partner—the senior executive’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 senior executive died, a dependant relative of the senior executive, or

(d) if paragraphs (a)–(c) do not apply—the senior executive’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.