Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p28
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 69099–71725

have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed-term employee had he or she not been appointed or employed as a fixed-term employee under the latest employment; or

        (vi) held a statutory office and would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the term of his or her appointment to that office had he or she not become a fixed-term employee.

"(2) A person to whom this subsection applies is to be deemed, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of his or her appointment or employment as a fixed-term employee if:

    (a) the person was eligible to be re-appointed or re-employed as a fixed-term employee; and

  (b) he or she desired to be so re-appointed or re-employed; and

  (c) he or she was not so re-appointed or re-employed.

  "(3) If:

    (a) a person who is a fixed-term employee ceases to be an eligible employee on the expiration of the fixed term of his or her appointment or employment as a fixed-term employee; and

  (b) the person is not a person to whom subsection (2) applies; and

     (c) the person is eligible to be re-appointed or re-employed as a fixed-term employee; and

     (d) although the person desires to be so re-appointed or re-employed, he or she is not so re-appointed or re-employed;

the person is not to be deemed, for the purposes of this Act, to have retired involuntarily.

  "(4) If:

     (a) it is provided in a document by means of which a person is appointed or employed as a fixed-term employee, or it is a term or condition of the appointment or employment, that subsection (2) is not to apply to the person in relation to the appointment or employment; and

  (b) the fixed term of the appointment or employment expires; and

     (c) the person is eligible to be re-appointed or re-employed as a fixed-term employee; and

     (d) although the person desires to be so re-appointed or re-employed, he or she is not so re-appointed or re-employed; and

     (e) but for this subsection, the person would have been deemed to have retired involuntarily;

the person is not to be deemed, for the purposes of this Act, to have retired involuntarily.

  "(5) If:

     (a) it is provided in a document by means of which a person is appointed or employed as a fixed-term