Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p42
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 42/48)
Character Range: 131181–133657

to contest the election;
the person is taken for the purposes of these Rules:
     (d) to have been a member; and
     (e) despite the operation of the relevant provision, not to have been absent on leave without pay;
during the relevant period.
(2) Where subrule (1) applies to a person:
     (a) any benefit that became payable to him or her under these Rules upon him or her ceasing to be a member is taken not to have been payable; and
     (b) the fortnightly contributions that the person is required to make in respect of the relevant period are in accordance with the election by him or her that was in force immediately before the beginning of that period.
Death or physical or mental incapacity of person
63. When a person who resigned to contest an election:
      (a) dies; or
      (b) in the opinion of CSC, becomes physically or mentally incapacitated to the extent that he or she would have been retired on the ground of invalidity if he or she had remained a member;
he or she is, where considered appropriate by CSC, taken not to have ceased to be a member but to have died or retired on the ground of invalidity while a member at a time determined by CSC.
Part 8—General Provisions Applicable to Contributions and Benefits
Provisions applicable to elections under the Rules
64. (1) An election under these Rules is to be in writing.
(2) Where a person is about to become, or has become, entitled:
     (a) to benefits under Part 3 or Part 5; and
     (b) to make an election in relation to the nature of those benefits;
he or she may make that election not earlier than 3 months before he or she is due to become entitled to the benefits and not later than 3 months after becoming entitled to the benefits.
(3) Where an election under these Rules is made by a person after the expiration of the period allowed for the making of the election and CSC is satisfied that, in all the circumstances of the case, it is desirable that the election be recognised, CSC may direct that the election be allowed and if it does so these Rules have effect as if the election had been made within the period allowed.
(4) Where a person who is entitled to make an election under these Rules is, by reason of physical or mental incapacity, unable to make that election, CSC may allow such other person as it thinks appropriate to make the election within such period as CSC allows and if it does so and the other person so makes the election these Rules have effect as if the