Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p78
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 78/106)
Character Range: 323818–326676

or employed by the Commonwealth under the same law as that under which         he/she was employed in the subsequent employment;
   ‑ but was not a fixed‑term employee and was not appointed or employed under the Public Service Act 1999.
  Was a fixed‑term employee of the same authority or body that:
    .  appointed him/her to, or employed him/her in, the subsequent employment; or
    .  that is liable to pay the remuneration of the holder of the statutory office;
  and who would have been deemed under the Rules to have retired involuntarily when the previous appointment or employment ended if he/she had not been appointed to the subsequent fixed term employment or statutory office.

6.4.2 A fixed‑term employee who is not a person who had held an appointment or been employed under one of the categories in the Table — Previous Employment Status of Fixed‑term Employee in Rule 6.4.1. immediately before being appointed to his/her latest office or employment, is not entitled to involuntary retirement benefits when the term of the appointment or employment ends unless:
         (a) the document by means of which the person was appointed or employed as a fixed‑term employee provides to the contrary; or
         (b) the terms or conditions of the appointment or employment provide to the contrary; and
         (c) the Minister approved the inclusion of the provision to the contrary in the appointment or employment document, or the terms or conditions of employment, or approved the appointment or employment on the basis that such a provision applied; and
         (d) he/she was eligible for re‑appointment or re‑employment, and desired to be re‑appointed or re‑employed, but was not re‑appointed or re‑employed.
6.4.3 If the relevant approval by the Minister is not obtained under Rule 6.4.2, the provision granting the entitlement to involuntary retirement benefits is ineffective, but all other provisions of the document or the terms or conditions of the appointment or employment remain effective.

Eligibility for involuntary retirement benefit where appointment is terminated
6.4.4 A fixed‑term employee who ceases to be a member because his/her appointment or employment is terminated before the expiration of the term of that appointment or employment, is deemed to have retired involuntarily unless:
         (a) the document by means of which the person was appointed as a fixed‑term employee provided that, in that event, he/she was not to be deemed to have retired involuntarily; or
         (b) it was a term or condition of the appointment or employment that, in that event, he/she was not 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