Commonwealth Consolidated Acts

SUPERANNUATION ACT 2005 - SECT 43

  (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.