12Payments on the death of an employee

#### 12 Payments on the death of an employee (1) This section applies in relation to a person who was an employee of SMEC immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years. (2) If: (a) on or after the sale day, the employee dies; and (b) immediately before his or her death, the employee was an employee of SMEC; and (c) immediately before his or her death, the employee’s combined service period was at least one year; and (d) immediately before his or her death, the employee had one or more dependants; SMEC must make a payment to a dependant or to 2 or more dependants of the employee. (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 11 if, on the day of his or her death, the employee had instead stopped being an employee of SMEC 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 SMEC; and (b) a reference in that section to the approving authority were a reference to SMEC; and (c) the section were further modified as set out in the following table: TABLE | Provision | Omit this expression | Insert this expression | | ------------------------- | ------------------------- | ------------------------------------------------------------------------------- | | section 23 | this Act | section 12 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993 | | subsections 23(2) and (3) | subsection 16(7) or 17(5) | section 12 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993 |