Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p192
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 933731–936704

they have reached their retirement age.
                                                                                                                                                                                                                                             ii.                                                                                                                                                                                      If the member has been permitted to serve beyond their retirement age — they have ceased continuous full-time service.
    d.                                                                                                                                                                                                                                       They have served at least 1 year of effective service and receive a special benefit under Chapter 2 Part 3 Division 3.
2.  A member who is diagnosed with a terminal-illness before ceasing continuous full-time service is eligible for payment instead of long service leave if the CDF is satisfied that making the payment is reasonable in the circumstances.
3.  If a member dies while on continuous full‑time service, a member of their recognised family or legal personal representative is eligible to receive a payment instead of long service leave.

5.5.26 Calculation of the payment

1.  The member is entitled to a payment instead of their long service leave credit.
2.  The member's credit is calculated in accordance with this table.

Step  Action                                                                                                                              See
1.    Work out the member's total period of accrued service, in years and months.                                                         Division 3 sections 5.5.13 to 5.5.17
      This includes the member's current service, prior full days of Reserve service and other prior service.
2.    Work out their total long service leave credit for the years of service. The credit should be expressed in months and part months.  Division 2 section 5.5.8
3.    Work out their total long service leave credit for the remaining months of service.                                                 Subsection 5.5.26.3
4.    Add the credits from Steps 2 and 3 together.
5.    Subtract any leave that they have already taken as leave or been paid for instead of leave.

3.  Long service leave credits for completed months of accrued service are calculated in accordance with the following.
    a.                                                                                                                   For a member who has not been on a flexible service determination since their last long service leave credit anniversary — the following table shows how to work out the credit for completed months of accrued service.

Months of Service  Long service leave as part of a month