60Eligibility for retiring benefit

### 60 Eligibility for retiring benefit > > (1)  A member to whom this Part applies is entitled to be paid a benefit under this Part if – > > > > > > (a) he or she has completed not less than 15 years' service as a member and he or she ceases, for any reason, to be a member; or > > > > > > > (b) he or she has completed not less than 8 years' service as a member but has not completed 15 years' service, and he or she ceases to be a member by reason of – > > > > > > > > > > (i) the expiration of his or her term of office as a member; or > > > > > > > > > > > (ii) the Supreme Court making an order under [section 215 of the](/view/html/inforce/2026-04-12/act-2004-051#GS215@EN) [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) that he or she was not duly elected; or > > > > > > > > > > > (iii) in the case of a member of the House of Assembly, the dissolution or expiry of that House or his or her seat having become vacant by virtue of [section 226 of the](/view/html/inforce/2026-04-12/act-2004-051#GS226@EN) [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051)  – > > > > > > > > > > and he or she – > > > > > > > > > > > (iv) is not a candidate, at the next ensuing election for the electoral division that he or she represented immediately before ceasing to be a member, for election to represent that division or, if an election is held at the same time for any other electoral division for either House, for election to represent that other division and the Commission certifies that the Commission is satisfied that the member's failure to be a candidate was due to the member's failure to secure the support of a political party from which he or she reasonably sought support or to his or her expulsion from a political party; or > > > > > > > > > > > (v) is a candidate at that election but is defeated at that election; or > > > > > > > > > > > (vi) is not a candidate at that election for reasons that the Commission certifies in writing to be reasons that appear to the Commission to be good and sufficient; or > > > > > > > (c) subject to [subregulation (2)](#GS60@Gs2@EN) , he or she has completed 8 years' service as a member but has not completed 15 years' service and he or she ceases to be a member by reason of his or her resignation for the purpose of becoming a candidate at an election for an electoral division other than the electoral division that he or she represented immediately before ceasing to be a member and he or she is defeated at that election; or > > > > > > > (d) he or she has completed not less than 8 years' service as a member but has not completed 15 years' service, and he or she ceases to be a member by reason of his or her resignation – > > > > > > > > > > (i) after he or she has attained the age of 60 years; or > > > > > > > > > > > (ii) in any other circumstances that the Commission considers, and certifies in writing, to be good and sufficient. > > > (2)  A member is not entitled to be paid a retiring benefit under [paragraph (c)](#GS60@Gs1@Hpc@EN) of [subregulation (1)](#GS60@Gs1@EN) unless the election referred to in that paragraph is held not later than 3 months after the date on which he or she ceased to be a member.