Document ID: chunk:federal_register_of_legislation:C2004A05165:clause:1_34zo
Version: federal_register_of_legislation:C2004A05165
Segment Type: clause
Provision Reference: sch 1 cl 34ZO
Character Range: 61301–63590

34ZO  Payments on death of an employee

 (1) AIDC Ltd must make a payment to a dependant or to 2 or more dependants of an employee if:
 (a) the employee was an employee of AIDC Ltd immediately before AIDC Ltd's sale day; and
 (b) at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years; and
 (c) from and after AIDC Ltd's sale day, the employee continued to be employed by AIDC Ltd; and
 (d) on or after AIDC Ltd's sale day, the employee died and immediately before his or her death:
 (i) the employee was an employee of AIDC Ltd; and
 (ii) the employee's combined service period was at least one year; and
 (iii) the employee had one or more dependants.

 (2) AIDC Ltd must make a payment to the legal personal representative of an employee if:
 (a) the employee was an employee of AIDC Ltd immediately before AIDC Ltd's sale day; and
 (b) at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years; and
 (c) from and after AIDC Ltd's sale day, the employee continued to be employed by AIDC Ltd; and
 (d) on or after AIDC Ltd's sale day, the employee died and immediately before his or her death:
 (i) the employee was an employee of AIDC Ltd; and
 (ii) the employee's combined service period was at least one year; and
 (iii) the employee did not have any dependants.

 (3) The total amount of the payment or payments is the amount that would have been payable to the employee under section 34ZJ if, on the day of his or her death, the employee had stopped being an employee of AIDC Ltd on or after reaching the minimum retiring age.

 (4) If subsection (1) or (2) applies, section 23 of the Long Service Leave Act has effect as if:
 (a) that section applied to the employee; and
 (b) a reference in that section to the approving authority were a reference to AIDC Ltd; and
 (c) for the expression "this Act" in that section there were substituted the expression "section 34ZO of the Australian Industry Development Corporation Act 1970"; and
 (d) for the expression "subsection 16(7) or 17(5)" in that section there were substituted the expression "section 34ZO of the Australian Industry Development Corporation Act 1970".

Subdivision E—Long service leave credit