Commonwealth Consolidated Acts

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SUPERANNUATION ACT 1976 - SECT 121

Death of person to whom Part applies before declaration of result of election etc.

  (1)   Where a person to whom this Part applies dies on or before the day of the declaration of the result of the election, he or she shall be deemed not to have ceased, by reason of the termination of his or her employment, to be an eligible employee.

  (2)   Where a person to whom this Part applies was a candidate at the election, but failed to be elected, and:

  (a)   he or she dies within the period of 2 months after the day of the declaration of the result of the election; or

  (b)   he or she applies, within that period, to become employed by the Commonwealth or by an approved authority, or to be appointed to a statutory office, and dies before the application is determined (or, if the application is granted, before becoming so employed or appointed) and the employment or appointment is of such a kind that, if the person had become so employed or so appointed, he or she would have become an eligible employee;

he or she shall be deemed not to have ceased, by reason of the termination of his or her employment, to be an eligible employee.

  (3)   Where a person to whom this Part applies, and who was a candidate at the election and was elected, dies before he or she becomes a member of the legislative or advisory body to which he or she was elected, he or she shall be deemed not to have ceased, by reason of the termination of his or her employment, to be an eligible employee.



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