Document ID: chunk:federal_register_of_legislation:C2008A00026:clause:1_105
Version: federal_register_of_legislation:C2008A00026
Segment Type: clause
Provision Reference: sch 1 cl 105
Character Range: 39699–40253

105  At the end of section 36
Add:

 (5) If a member:
 (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and
 (b) is removed from office under section 35 on the ground of physical or mental incapacity;
for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.

 (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.