Document ID: chunk:federal_register_of_legislation:C2024C00825:section:88:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 88 (pt 1/4)
Character Range: 223213–225677

88  Rights of contributors to Provident Account who resign to contest elections
 (1) This section applies to a person who, being a contributor to the Provident Account, voluntarily terminates his service before 1 July 1976 in order to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a legislative or advisory body for another Territory prescribed for the purposes of section 47C of the Public Service Act 1922‑1974, but so applies only if the termination took effect not earlier than one month before the day on which nominations for the election closed.
 (2) Where a person to whom this section applies dies on or before the day of the declaration of the result of the election, he shall be deemed not to have ceased, by reason of the termination of his service, to be a contributor to the Provident Account or 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 service, to be a contributor to the Provident Account or to be, or to be deemed to be, an employee.
 (4) Where:
 (a) the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) is satisfied that, if a person to whom this section applies had not terminated his service, his services would, at a time (in this subsection 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 terminated on the ground of invalidity; and
 (b) he was not a candidate at the election by reason of the invalidity 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 service, to be a contributor to the Provident Account or to be, or to be deemed to be, an employee but his