NSWIn ForceAct
Police Regulation (Superannuation) Act 1906
13Gratuity where deceased member not hurt on duty
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#### 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—
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> > > (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
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> > > (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,
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> > a gratuity calculated in accordance with the following formula—
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> > %20AND%20(No%3D028)%20AND%20(Year%3D1906)%20AND%20(%22Historical%20Document%22%3D0))/g9.gif)
> > where—
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> > G represents the gratuity payable.
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> > 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).
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> > 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).
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> > S represents the member’s attributed salary of office at the date of death.
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> > ESR represents the equivalent service ratio for the deceased member as at the member’s date of death.
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> > (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.
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> > (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.
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> > (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.
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> > (3) (Repealed)
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> **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 \[38\]–\[42\].