Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p31
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 76391–79164

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

    (b) is under 60 years of age;

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.".

SCHEDULE—continued

Social Security Act 1991

Subsection 1334(9):

Omit the subsection, substitute:

"(9) If the National Convener or a senior member is:

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

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

the Governor-General may, with the consent of the National Convener or the senior member, by signed instrument, retire the National Convener or the senior member from office on the ground of physical or mental incapacity on a date specified in the instrument.".

Subsection 1334(10):

Omit the subsection, substitute:

"(10) If an ordinary member is:

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

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

the Minister may, with the consent of the ordinary member, by signed instrument, retire the ordinary member from office on the ground of physical or mental incapacity on a date specified in the instrument.".

Section 1334:

Add at the end:

"(13) In spite of anything contained in this section, the National Convener, a senior member or an ordinary member 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.

   Note: section 54C of the Superannuation Act 1976 is relevant to the benefits that a member of the Commonwealth Superannuation Scheme may receive if he or she is being retired on the ground of invalidity.

"(14) In spite of anything contained in this section, the National Convener, a senior member or an ordinary member who:

SCHEDULE—continued

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

    (b) is under 60 years of age;

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.

   Note: section 13 of the Superannuation Act 1990