Commonwealth Consolidated Acts

SUPERANNUATION ACT 1990 - SECT 13

             (1)  In spite of anything contained in any Act, industrial award or contract of employment, a member who is under the age of 60 is not capable of being retired from the employment or office by virtue of which he or she is a member on the ground that, because of any mental or physical condition, the member is unable to perform his or her duties, unless the Board has certified in writing that, if the member is so retired, the member will be entitled to receive invalidity benefits under the Public Sector Superannuation Scheme.

          (1A)  The Board may only give a certificate in respect of a member under subsection (1) if the Board has approved the invalidity retirement of the member under the Rules.

             (2)  In subsection (1), a reference to a member being retired from employment or office includes a reference to the services of the member being otherwise terminated.

             (3)  In subsection (1), industrial award means an industrial award, determination or agreement made, approved, lodged or registered under a law of the Commonwealth, a State or a Territory.