Document ID: chunk:federal_register_of_legislation:C2024C00825:section:52:p3
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 52 (pt 3/4)
Character Range: 178598–181057

that authority—if he had not terminated his employment, he would, at a time (in this subsection also referred to as the relevant time) within the period that commenced on the day after the day of the declaration of the result of the election and ended on the day on which he was required to commence his employment with the Commonwealth or the authority, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties; or
 (c) in the case of a person whose application has not been determined—if he had not terminated his employment, he would, at a time (in this subsection also referred to as the relevant time) after the day of the declaration of the result of the election, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties;
then he shall be deemed not to have ceased, by reason of the termination of his employment, to be a contributor or to be, or to be deemed to be, an employee but shall be deemed to have been retired at the relevant time on that ground.
 (7) Where:
 (a) a person to whom this section applies was a candidate at the election but failed to be elected; and
 (b) on application made by him within two months after the day of the declaration of the result of the election, he becomes employed by the Commonwealth or by an approved authority on terms that require him to give the whole of his time to the duties of his employment;
he shall be deemed not to have ceased, by reason of the termination of his employment, to be a contributor or to be, or to be deemed to be, an employee.
 (8) If a refund of the amount of the contributions of a person referred to in subsection (1) of this section was paid under section 51 upon the termination of his employment, the preceding provisions of this section do not apply in relation to him unless an amount equal to the amount of the refund is paid to the Commissioner for Superannuation before the expiration of two months after the day of the declaration of the result of the election or within such further period as the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) allows.
 (9) Where a person is, by virtue of a preceding provision of this section, to be deemed not to have ceased, by reason of the termination of his employment, to be a contributor, any pension that became payable to him under this Act upon that termination shall be deemed not to have been payable and he