Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p30
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 73906–76598

(5)(a), but the document is as effective in all other respects as it would be apart from this subsection.

"(10) If a person is appointed or employed in contravention of subsection (8), the term or condition referred to in that subsection is ineffective, but all other terms and conditions of the appointment or employment are as effective in all other respects as they would be apart from this subsection.

"(11) In the case of a person who has ceased to be an eligible employee on more than one occasion, this section cannot have effect except in relation to the last such occasion.".

Election for lump sum benefit in case of involuntary retirement

61. Section 62 of the Principal Act is amended by inserting in subsection (1) "or by section 58A or 58B," after "subsection 58(3),".

Payment of productivity benefit

62. Section 110R of the Principal Act is amended by inserting in subparagraph (1)(a)(iii) "or under section 58A or 58B," after "subsection 58(3),".

Election that Division apply

63. Section 137 of the Principal Act is amended by inserting in paragraph (1)(b) "or under section 58A or 58B," after "subsection 58(3),".

Savings

  64.(1) In spite of the amendments made by this Part, if:

     (a) immediately before the commencement of this Part, a person was the holder of a statutory office; and

     (b) after that commencement, the person ceases to be an eligible employee because the term of his or her appointment to the statutory office expires; and

     (c) though the person is eligible for re-appointment to the office and desires to be so re-appointed, he or she is not so re-appointed;

the person is to be deemed, for the purposes of the Principal Act, as amended by this Part, to have retired involuntarily on ceasing to hold the statutory office.

(2) Subsection (1) does not apply to a person who ceases to be an eligible employee because of retirement on the ground of invalidity.

  (3) In spite of the amendments made by this Part, if:

    (a) immediately before the commencement of this Part, a person was an eligible employee because of the appointment or employment of the person in a position or office for a fixed term; and

    (b) after that commencement, the person ceases to be an eligible employee because the fixed term of his or her appointment expires; and

    (c) though the person is eligible for re-appointment to, or re-employment in, the position or office and desires to be so re-appointed or re-employed, he or she is not so re-appointed or re-employed;

the following provisions have effect:

    (d) if the person would have been deemed, under the Principal Act as in force immediately before the commencement of this Part, to