Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p27
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 66087–68853

of that Act, subsection (5) applies in relation to the person as if he or she had not made the declaration and election.

SCHEDULE—continued

"(5C) Subject to subsection (5A), in spite of anything in the Superannuation Act 1990 or any other Act, the Superannuation Act 1990:

    (a) applies in relation to a person who is a Senior Executive Service officer by virtue of a fixed-term appointment, within the meaning of section 44, and was a relevant person immediately before being appointed only if the application of that Act is expressly provided for in a determination under subsection (3) in relation to the person; and

    (b) applies in relation to the person only as provided by subsection (4C).".

Subsection 63F(11):

After "the Superannuation Act 1976" insert "or the Superannuation Act 1990".

Subsection 63G(9):

After "the Superannuation Act 1976" insert "or the Superannuation Act 1990".

Subsection 64(18) (paragraph (b) of the definition of "net salary"):

After "the Superannuation Act 1976" insert "or under Part 4 of the Superannuation Act 1990".

Subsection 66B(5):

After "the Superannuation Act 1976" insert "or the Superannuation Act 1990".

Section 76D:

Add at the end:

"(3) In spite of anything contained in this section, a Secretary who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(4) In spite of anything contained in this section, a Secretary who:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

SCHEDULE—continued

is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

After section 76R:

Insert in Division 8B:

Retirement on ground of invalidity under the Superannuation Acts

"76RA.(1) In spite of anything contained in sections 76L and 76N, a Senior Executive Service officer who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(2)