Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p23
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 55954–58581

"(4) In spite of anything contained in this section, a 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.

"(5) 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

SCHEDULE—continued

Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Ombudsman Act 1976

After section 28:

Insert:

Removal taken to be retirement on ground of invalidity

"28A.(1) If an Ombudsman is removed from office under section 28 of this Act following his or her suspension from office on the ground of physical or mental incapacity, then, for the purposes of the Superannuation Act 1976, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act.

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

"(3) If an Ombudsman is removed from office under section 28 of this Act following his or her suspension from office on the ground of physical or mental incapacity, then, for the purposes of the Superannuation Act 1990, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act.

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

Retirement on ground of invalidity under the Superannuation Acts

"28B.(1) In spite of anything contained in sections 27 and 28, an Ombudsman 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) In spite of anything contained in sections 27 and 28, an Ombudsman who:

    (a) is a member of the superannuation scheme established by deed