13Gratuity where deceased member not hurt on duty

13 Gratuity where deceased member not hurt on duty

13 Gratuity where deceased member not hurt on duty

(1) Subject to subsection (2A), if a member of the police force dies otherwise than in the circumstances referred to in section 12, STC shall pay—

(a) if the deceased member is survived by a spouse or de facto partner—to the deceased member’s spouse or de facto partner, or

(b) if the deceased member is not survived by a spouse or de facto partner—to the personal representatives of the deceased member or (if appropriate) in accordance with section 18B,

a gratuity calculated in accordance with the following formula—

where—

G represents the gratuity payable.

AS represents the total number of months of both full-time and part-time service that has been completed by the member (subject to a maximum of 360 months of equivalent full-time service).

PS represents (in the case of a member dying before the age of 55 years) the number of additional months of full-time service that the deceased member would have completed if the deceased member had reached the age of 55 years as a full-time member (subject to the maximum number necessary so that the total of AS + PS does not exceed 360 months of equivalent full-time service).

S represents the member’s attributed salary of office at the date of death.

ESR represents the equivalent service ratio for the deceased member as at the member’s date of death.

(2) For the purposes of AS in the formula in subsection (1), if the total number of months of both full-time and part-time service is not a whole number of months, any part of a month is to be disregarded.

(2AA) For the purposes of PS in the formula in subsection (1), a part of a month of full-time service is to be disregarded.

(2A) If STC has made a determination under section 14AA in relation to a gratuity payable under subsection (1), the amount of the gratuity is reduced by the amount specified in STC’s determination.

(3) (Repealed)

s 13: Subst 1925 No 17, sec 2. Am 1935 No 13, sec 6 (e); 1964 No 64, sec 3 (c); 1974 No 46, sec 9 (l); 1979 No 133, Sch 1 (14). Subst 1981 No 24, Sch 1 (15). Am 1984 No 73, Sch 1 (20). Subst 1987 No 220, Sch 3 (10). Am 1988 No 134, Sch 1 (12); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [12]; 1998 No 72, Sch 1.2 [38]–[42].