11.3.1 Purpose
11.3.2 Entitlement
for leave and other compensation
11.3.3 Bereavement
payment
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This Part sets out financial entitlements on the death of a member. They include payments for leave not taken and bereavement payment. |
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TAX ALERT: PACMATE Annex 3.A, item 189. |
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1. |
This clause applies if a member dies. This includes
a member of the Reserves. For p |
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2. |
The CDF must authorise a payment to a person under clause 1.6.4. The payment must be the total of what the member would have been entitled to if they had left the ADF without dying. The total is made up of amounts for these entitlements. See: Chapter 1 Part 6 clause 1.6.4, Payments of amounts on death of a member. |
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a. |
Recreation leave. See: Chapter 5 Part 2. |
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b. |
Long service leave. See: Chapter 5 Part 3. |
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c. |
War service leave. See: Chapter 5 Part 6. |
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d. |
Compensation for loss of, or damage to, clothing or personal effects. See: Chapter 10 Part 4. |
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3. |
This table sets out where related information about death and disability can be found. |
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Item |
Information |
Description |
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1. |
Clause 1.3.57, definition of Presumed date of death See: Chapter 1 Part 3 Division 1 |
Provides for circumstances where the CDF must direct that, for Chapters 1 to 17, a member’s death is presumed to have occurred on a specified date |
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2. |
Clause 1.6.3, Payment of amount to person under legal disability See: Chapter 1 Part 6 |
Provides for payment of amounts to persons who are under a legal disability. Example: A deceased member’s dependent children. |
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3. |
Clause 1.6.4, Payment of amounts on death of a member See: Chapter 1 Part 6 |
Sets out the standard procedures for payment of amounts following a member’s death |
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4. |
Other entitlements |
There may be other entitlements on the death of a member. Examples: Superannuation, removals and payments of outstanding salary and allowances. |
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Persons who can make the decision under subclause 11.3.2.2 on behalf of the CDF: Director General Defence Community Organisation |
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TAX ALERT: PACMATE Annex 3.A, item 190. |
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1. |
This table defines terms used in this clause. |
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Term |
Definition in this clause |
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Dependent person |
A person who was financially dependent on the deceased member during the relevant pay period. |
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Gross fortnightly pay |
Either of these amounts. a. The total of the fortnightly instalments of salary and allowances the member would have been entitled to for the relevant pay period. This includes what they would have had to pay for any of these. i. Income tax. ii. Superannuation. iii. A debt due to the Commonwealth. |
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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. This amount is used
only if it is greater than the amount under p |
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Relevant pay period |
The fortnight that ends on the day immediately before the day the member died. |
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2. |
This clause applies to a member who dies, if they were meeting both these conditions when they died. |
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a. |
They were on continuous full-time service during all or part of the relevant pay period. |
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b. |
Salary was payable for that period. |
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3. |
If there is a dependent person, the CDF must authorise payment under Chapter 1 Part 6 clause 1.6.4 to them. The payment is four times the member's gross fortnightly pay. |
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4. |
Payment must be made in four equal fortnightly instalments. The payments begin on the first day of the pay period immediately after the member’s death. |
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5. |
No payment will be made if there is no dependent person. |
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Persons who can make the decision under subclause 11.3.3.3 on behalf of the CDF: Director General Defence Community Organisation |