Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p28
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 68622–71475

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 76L and 76N, a Senior Executive Service officer 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.".

After section 76W:

Insert:

Retirement on ground of invalidity under the Superannuation Acts

"76WA.(1) In spite of anything contained in section 76W, an 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.

SCHEDULE—continued

"(2) In spite of anything contained in section 76W, an officer 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.".

Paragraph 82AK(5)(b):

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

Subparagraph 82D(4)(a)(iva):

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

Subsection 87B(3):

After "are" (second occurring), insert "the following".

Subparagraph 87B(3)(a)(ii):

Omit "and".

Subparagraph 87B(3)(b)(ii):

Omit "applies.", substitute "applies;".

Subsection 87B(3):

Add at the end:

     "(c) that arrangements satisfactory to the Minister for the time being administering the Superannuation Act 1990 or to an officer authorised by that Minister for the purposes of this paragraph, have been made in relation to the provision of superannuation benefits under that Act for relevant employees who:

         (i) are employed by that body or as the holders of that office or appointment, as the case may be; and

         (ii) are members of the superannuation scheme established by deed under that Act by force of paragraph 6(1)(h) of that Act.".

Paragraph 87B(6)(h):

Omit the paragraph, substitute:

"(h) for the employee if he or she is:

         (i) an eligible employee for the purposes of the Superannuation Act