Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p43
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 43/48)
Character Range: 133452–135953

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 the person is not survived by a spouse, or is survived by a spouse but the spouse dies without making such an election, but the person is survived by an eligible child—the election may be made within that period by such person as CSC permits;
and if the spouse, or the person permitted by CSC, does so, these Rules have effect as if the election had been made by the first‑mentioned person.
Rate of pension where lump sum converted into pension
65. (1) Where a person is entitled under these Rules to have an amount of his or her employer benefit converted into a pension, the annual rate of that pension is calculated in accordance with Schedule 5.
Benefits in unusual or exceptional circumstances
66. Where, in a particular case, CSC is of the opinion that:
     (a) the operation of these Rules, other than this rule, with regard to a point at issue produces a result in relation to a person that is not in the spirit of the Rules; and
     (b) the relevant circumstances of the case are unusual or exceptional;
CSC may, in relation to that case, having regard to the circumstances of the case, the principles in these Rules and the need to maintain equity between members, determine the point at issue in favour of that person.