Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p79
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 79/106)
Character Range: 326439–329137

to have been deemed to have retired involuntarily for the purposes of the Rules.

Date of cessation in certain circumstances
6.4.5 For the purposes of this Division, a person who ceases to hold a fixed term Commonwealth office within the meaning of Part IV of the Public Service Act 1922 because:
         (a) the office is abolished; or
         (b) the period for which the appointment was made expires; or
         (c) the appointment is terminated before the end of the period for which it was made;
and in respect of whom a direction under subsection 87ZCA(1) of the Public Service Act 1922 has been made, is not taken to have ceased membership for such a reason until the date specified in that direction, and any entitlement to involuntary retirement benefits commences from that date.
6.4.6 For the purposes of this Division, a person who ceases to hold an office of Secretary under the Public Service Act 1999 because:
         (a) the office is abolished; or
         (b) the term of his or her appointment to the office expires; or
         (c) his or her appointment to the office is terminated before the expiration of the term of the appointment;

and who is immediately thereafter engaged under section 60 of the Public Service Act 1999, is not taken to have ceased membership for such reason until the date on which the engagement under that section ends and any entitlement to involuntary retirement benefits commences from that date.

Other provisions
6.4.7 In the case of a person who has ceased to be a member on more than one occasion, the Rules in this Division have effect in relation to the last such occasion only.
6.4.8 Where the document by means of which a person is appointed to an office or a position, or the terms or conditions of such an appointment, contain references to Rules in Division 2 of Part 4,  made prior to the date of the Ninth Amending Deed, the references are taken to be references to the Rules with corresponding intent in this Division.

Savings provisions
6.4.9 A member is deemed to have retired involuntarily when his/her fixed term statutory office that began before 15 March 1994 ends if, although eligible for re‑appointment to the statutory office and desiring to be so re‑appointed, he/she is not re‑appointed.
6.4.10 A member who is not the holder of a statutory office is deemed to have retired involuntarily when his/her fixed term appointment or employment ends if:
         (a) although eligible for re‑appointment to, or re‑employment in, the position or office, and desiring to be so re‑appointed, he/she is not re‑appointed; and
         (b) he/she would have been deemed to have retired involuntarily under the Rules that were in