88Rights of contributors to Provident Account who resign to contest elections

#### 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 services shall be deemed to have been terminated at the relevant time on the ground of invalidity. (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 service, his services would, at a time (in this subsection referred to as the relevant time) within that period, have been terminated on the ground of invalidity; 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 services shall be deemed to have been terminated at the relevant time on the ground of invalidity. (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, if he had not terminated his service: (a) in the case of a person whose application is rejected—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 declaration of the result of the election and ended on the day of the rejection, have been terminated on the ground of invalidity; (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—his services 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 terminated on the ground of invalidity; or (c) in the case of a person whose application has not been determined—his services 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 terminated on the ground of invalidity; then he shall be deemed not to have ceased, by reason of the termination of his services, to be a contributor to the Provident Account or to be, or to be deemed to be, an employee but his services shall be deemed to have been terminated at the relevant time on the ground of invalidity. (7) If an amount was paid under section 82 or section 85 to a person to whom this section applies upon the termination of his service, any amount payable to or in respect of him under this Act by reason of the operation of a preceding provision of this section shall be reduced by an amount equal to the amount so paid. (8) Where: (a) a person to whom this section applies was a candidate at the election but failed to be elected; (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; and (c) an amount equal to the amount paid to him under section 82 or section 85 upon the termination of his service is paid to the Commissioner for Superannuation before the expiration of that period or within such further period as the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) allows; 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. (9) Where a person is to be deemed, by virtue of the preceding provisions of this section, 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, he shall be deemed to have received salary from the time of the termination of his service to the time of his death, the time at which his services are to be deemed to have been terminated on the ground of invalidity or the time of the commencement of his employment by the Commonwealth or by the authority, as the case may be, at the rate at which he would have received salary if he had not terminated his service. (10) The Commissioner for Superannuation shall pay amounts paid to him under subsection (8) into the new Superannuation Fund, and an amount, or the sum of the amounts, paid to the Commissioner for Superannuation under that subsection in respect of an amount paid to a person under section 82 and paid by the Commissioner into the new Superannuation Fund shall, to the extent that it exceeds the difference between the amount so paid to the person and the amount paid out of the Consolidated Revenue Fund in respect of the amount so paid to the person, be paid from the new Superannuation Fund to the Commonwealth.