Document ID: chunk:federal_register_of_legislation:F2024C01292:clause:4_37
Version: federal_register_of_legislation:F2024C01292
Segment Type: clause
Provision Reference: sch 4 cl 37
Character Range: 218322–219231

37  Subsection 109A(1)
Repeal the subsection, substitute:
 (1) If:
 (a) a contract of employment with a person who has since died and whose estate is being administered under Part XI was subsisting immediately before the day of the person's death; or
 (b) a contract of employment with the trustee, in the trustee's capacity as trustee, of an estate that is being administered under Part XI was subsisting immediately before the day of the order for the administration;
the employee under the contract is, whether or not the employee is a person referred to in subsection (2), entitled to payment under section 109 as if the employee's employment had been terminated:
 (c) in the case that paragraph (a) applies:
 (i) by the person; and
 (ii) on the day;
  mentioned in that paragraph; or
 (d) in the case that paragraph (b) applies:
 (i) by the trustee; and
 (ii) on the day;
  mentioned in that paragraph.