Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:64:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 64 (pt 1/2)
Character Range: 141018–143446

64  Provisions applicable to elections under the Rules
 (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.
 (2A) If a person is allowed to make an election under Part 10, he or she may make the election in the same way as an election mentioned in subrule (2).
 (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 election had been made by the first‑mentioned person within the period allowed.
 (5) Where:
 (a) an election under Part 3,4 or 5 is made by the person entitled to make the election or, in accordance with subrule (3), by another person on behalf of the first‑mentioned person; and
 (b) the person who made the election makes an application to CSC not later than 3 months after the day on which the election is made or within such further period as CSC, in special circumstances, allows requesting that CSC cancel the election; and
 (c) CSC, having regard to such matters as it considers relevant, is satisfied that the election should be cancelled;
CSC may direct that the election is cancelled and if it does so these Rules have effect as if the election had not been made.
 (6) Where a person who is, or has been, a member is entitled to make an election under Part 3 or 5 and dies without making such an election:
 (a) if the person is survived by a spouse—the spouse may make the election within 3 months after the person's death; or
 (b) if