Commonwealth Consolidated Acts

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OMBUDSMAN ACT 1976 - SECT 28A

Removal taken to be retirement on ground of invalidity

  (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.

  (5)   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 2005 , he or she is taken to have been retired on the ground of invalidity within the meaning of that Act.

  (6)   In spite of subsection   (5), section   43 of the Superannuation Act 2005 applies in relation to the Ombudsman.



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