Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p8
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 17493–19932

to be, or to be deemed to be, an employee.
"(3.) Where a person to whom this section applies and who was a candidate at the election but failed to be elected—
     (a) dies within the period of two months after the day of the declaration of the result of the election; or

     (b) applied within that period to become employed by the Commonwealth or by an approved authority in employment the terms of which would require him to give the whole of his time to the duties of his employment and dies before the application is determined or, if the application is granted, before becoming so employed,
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.
"(4.) Where—
     (a) the Board is satisfied that, if a person to whom this section applies had not terminated his employment, he would, at a time (in this sub-section referred to as 'the relevant time') within the period that commenced on the day after the day of the termination and ended on 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; and
     (b) he was not a candidate at the election by reason of the invalidity or incapacity or was such a candidate but failed to be elected,
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.
"(5.) Where—
     (a) a person to whom this section applies and who was a candidate at the election but failed to be elected does not apply, within two months after the day of the declaration of the result of the election, to become employed by the Commonwealth or by an approved authority in employment the terms of which would require him to give the whole of his time to the duties of his employment; and
     (b) the Board is satisfied that, if he had not terminated his employment, he would, at a time (in this sub-section referred to as ' the relevant time') within that period, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties,
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