Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p12
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 27244–29999

of the Superannuation Act 1976;

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 member 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;

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.".

Subsection 114(1):

After "employee" insert "or a member of the superannuation scheme established by deed under the Superannuation Act 1990".

SCHEDULE—continued

Subsection 114(3):

Omit the subsection, substitute:

"(3) The Minister must not make a determination under subsection (1), or vary or revoke a determination so made, except in accordance with arrangements approved by the Minister under the Superannuation Benefits (Supervisory Mechanisms) Act 1990.".

Automotive Industry Authority Act 1984

Subsection 21(7):

Omit the subsection.

After section 21:

Insert:

Removal taken to be retirement on ground of invalidity

"21A.(1) If the member:

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

    (b) is removed from office under section 21 on the ground of physical or mental incapacity;

for the purposes of that Act, the member is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which the suspension from office took effect.

"(2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.

"(3) If the member:

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

    (b) is removed from office under section 21 on the ground of physical or mental incapacity;

for the purposes of that Act, the member is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which the suspension from office took effect.

"(4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.

Retirement on ground of invalidity under the Superannuation Acts

"21B.(1) In spite of anything contained in sections 20 and 21, a member who:

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

SCHEDULE—continued

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

is not capable of being retired