Document ID: chunk:federal_register_of_legislation:F2021L01213:clause:3_10
Version: federal_register_of_legislation:F2021L01213
Segment Type: clause
Provision Reference: sch 3 cl 10
Character Range: 14713–18963

10  Section 11.3.3 (Bereavement payment)
    Omit the section, substitute:

11.3.3    Bereavement payment
1.  In this section the following apply.
    Dependent person means a person who was financially dependent on the deceased member during the relevant pay period.
    Note: The conditions in sections 1.3.83 and 1.3.85 do not need to be met for the person to be considered a dependent person under this section.
    Gross fortnightly pay means the greater of the following amounts.
    a.                                                                                                                                                The total amount of the fortnightly instalments of salary and allowances the member would have been entitled to for the relevant pay period, and includes amount payable for any of the following.
                                                                                                                                                      i.                                                                                                                                                                                                  Income tax.
                                                                                                                                                      ii.                                                                                                                                                                                                 Superannuation.
                                                                                                                                                      iii.                                                                                                                                                                                                A debt due to the Commonwealth.
                                                                                                                                                      Note: For a member on a flexible service determination—the total amount is what would have been payable if the member was not on a flexible service determination.
    b.                                                                                                                                                The average amount of gross fortnightly pay that the member was entitled to for each completed pay period in the last three months of service.
    Relevant pay period means the fortnight that ends on the day immediately before the day the member died.
2.  This section applies if all of the following have occurred.
    a.                                                                                                                                                The member has died.
    b.                                                                                                                                                During all or part of the relevant pay period, the member met one of the following.
                                                                                                                                                      i.                                                                                                                                                                                                  They were on continuous full-time service and salary was payable.
                                                                                                                                                      ii.                                                                                                                                                                                                 They were on a flexible service determination.
3.  This section does not apply if there is no dependent person.
4.  A dependent person is eligible to receive four times the member's gross fortnightly pay as a bereavement payment.
5.  Payment must be made in four equal fortnightly instalments, and begins on the first day of the pay period immediately after the member's death.