Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p9
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 19727–22209

incapacity to perform his duties,
he shall be deemed not to have ceased, by reason of the termination of his employment, to be a contributor or to be, or to be deemed to be, an employee but shall be deemed to have been retired at the relevant time on that ground.
"(6.) Where a person to whom this section applies and who was a candidate at the election but failed to be elected applies, within two months after the day of the declaration of the result of the election, to become employed by the Commonwealth or by an approved authority in employment the terms of which would require him to give the whole of his time to the duties of his employment and the Board is satisfied that—

     (a) in the case of a person whose application is rejected—if he had not terminated his employment, he would, at a time (in this sub-section referred to as 'the relevant time') within the period that commenced on the day after the day of the declaration of the result of the election and ended on the day of the rejection, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties;
     (b) in the case of a person whose application has been granted but who has not become employed by the Commonwealth or by that authority—if he had not terminated his employment, he would, at a time (in this sub-section also referred to as 'the relevant time') within the period that commenced on the day after the day of the declaration of the result of the election and ended on the day on which he was required to commence his employment with the Commonwealth or the authority, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties; or
     (c) in the case of a person whose application has not been determined—if he had not terminated his employment, he would, at a time (in this sub-section also referred to as 'the relevant time') after the day of the declaration of the result of the election, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties,
then he shall be deemed not to have ceased, by reason of the termination of his employment, to be a contributor or to be, or to be deemed to be, an employee but shall be deemed to have been retired at the relevant time on that ground.
"(7.) Where—
     (a) a person to whom this section applies was a candidate at the election but failed to be elected; and
     (b) on application made by him within two months after