Document ID: chunk:federal_register_of_legislation:F2022C00997:reg:5
Version: federal_register_of_legislation:F2022C00997
Segment Type: reg
Provision Reference: reg 5
Character Range: 17144–18885

5  Employees appointed to statutory offices
 (1) Where at any time after 9 August 1951 a contributor has been or is appointed for a term of years to a statutory office in Papua New Guinea, he shall, for the purposes of these Regulations, be deemed, so long as he continues to be employed in that office (whether during, or after the expiration of, the term for which he was appointed), to be, and at all times since his appointment to that office to have been, an employee, and the cessation of that employment (otherwise than by retrenchment, discharge, dismissal or resignation) shall be deemed to be retirement for the purposes of these Regulations.
 (2) If the retirement referred to in subregulation (1) takes place at an earlier age than the maximum age for retirement, and is not on the ground of the employee's invalidity or physical or mental incapacity to perform his duties, it shall be deemed to be the retirement of a contributor before attaining the maximum age for retirement for the purposes of regulation 32, and the provisions of that regulation shall apply accordingly.
 (3) Notwithstanding anything contained in subregulations (1) and (2), if an employee who is the holder of a statutory office gives notice in writing to the authority administering the Ordinance under which he was appointed, that he does not desire re‑appointment at the expiration of the term for which he was appointed, the notice shall, unless he has attained:
 (a) in the case of a male, the age of fifty years or, in the case of a female, the age of forty‑five years; or
 (b) the age of retirement (if any) fixed by law in respect of that statutory office;
be deemed to be resignation for the purposes of regulation 39 or 76, as the case may be.