52Rights of contributors who resign to contest elections

#### 52 Rights of contributors who resign to contest elections (1) This section applies to a person who, being a contributor, voluntarily terminates his employment 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 employment, to be a contributor 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 employment, to be a contributor 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 employment, he 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 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 (or, on and after 1 July 1976, the Commissioner for Superannuation) is satisfied that, if he had not terminated his employment, he would, at a time (in this subsection 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 to have been retired at the relevant time on that ground. (6) Where a person to whom this section applies and who was a candidate at the election but failed to be elected applies, 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 the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) is satisfied that: (a) in the case of a person whose application is rejected—if he had not terminated his employment, he 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 declaration of the result of the election and ended on the day of the rejection, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties; (b) in the case of a person whose application has been granted but who has not become employed by the Commonwealth or by that authority—if he had not terminated his employment, he would, at a time (in this subsection also referred to as the relevant time) within the period that commenced on the day after the day of the declaration of the result of the election and ended on the day on which he was required to commence his employment with the Commonwealth or the authority, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties; or (c) in the case of a person whose application has not been determined—if he had not terminated his employment, he would, at a time (in this subsection also referred to as the relevant time) after 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; then 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. (7) Where: (a) a person to whom this section applies was a candidate at the election but failed to be elected; and (b) on application made by him within two months after the day of the declaration of the result of the election, he becomes employed by the Commonwealth or by an approved authority on terms that require him to give the whole of his time to the duties of his employment; 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. (8) If a refund of the amount of the contributions of a person referred to in subsection (1) of this section was paid under section 51 upon the termination of his employment, the preceding provisions of this section do not apply in relation to him unless an amount equal to the amount of the refund is paid to the Commissioner for Superannuation before the expiration of two months after the day of the declaration of the result of the election or within such further period as the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) allows. (9) Where a person is, by virtue of a preceding provision of this section, to be deemed not to have ceased, by reason of the termination of his employment, to be a contributor, any pension that became payable to him under this Act upon that termination shall be deemed not to have been payable and he is liable to pay to the Commissioner for Superannuation, before the expiration of two months after the day of the declaration of the result of the election or within such further period as the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) allows, an amount equal to the amount of the payment, or the sum of the amounts of the payments, of that pension that were made to him. (10) The Commissioner for Superannuation shall pay amounts paid to him under subsections (8) and (9) into the new Superannuation Fund, and, in the case of an amount or amounts paid to him under subsection (9) in respect of payments of pension received by a person, that amount, or the sum of those amounts, so paid to him, and paid by him into the new Superannuation Fund, shall, to the extent that it exceeds the difference between the sum of those payments of pension and the sum of the amounts paid out of the Consolidated Revenue Fund in respect of those payments of pension, be paid from the new Superannuation Fund to the Commonwealth.