Document ID: chunk:federal_register_of_legislation:C2022C00286:section:43
Version: federal_register_of_legislation:C2022C00286
Segment Type: section
Provision Reference: s 43
Character Range: 51165–52182

43  Ordinary employer‑sponsored member not to be retired on grounds of invalidity without CSC certificate
 (1) This section applies to a person who is:
 (a) under the age of 60; and
 (b) an ordinary employer‑sponsored member of PSSAP within the meaning of subsection 18(2), (3) or (5) in respect of particular employment or the holding of a particular office.
 (2) The member is not capable of being retired from the employment or office on the ground of invalidity unless:
 (a) CSC has approved, under the Rules, the invalidity retirement of the member; and
 (b) CSC has certified in writing under this paragraph that, if the member is so retired, the member will be entitled to receive invalidity benefits under PSSAP.
 (3) A reference in subsection (2) to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.
 (4) Subsection (2) has effect despite anything contained in any Act, award, determination, agreement or contract of employment.