32Retirement on invalidity grounds

#### 32 Retirement on invalidity grounds Retirement of AFP employee by Commissioner (1) If the Commissioner is satisfied that an AFP employee should be retired because of physical or mental incapacity, the Commissioner may retire the employee by notice in writing given to the employee. AFP employee consents to retirement (2) Before the Commissioner retires an AFP employee under subsection (1), the employee may, by notice in writing given to the Commissioner, consent to the Commissioner retiring the employee under that subsection. > Note: To find out when an AFP employee’s retirement takes effect in such a case, see section 33. AFP employee not re‑engaged because of invalidity (3) If: (a) a person is engaged as an AFP employee under section 24 for a period; and (b) the person completes that period of engagement (the initial period); and (c) the person is not re‑engaged under that section for a further period starting immediately after the end of the initial period; and (d) the Commissioner certifies in writing that the person’s physical or mental incapacity was the only reason why the person was not so re‑engaged; the person is taken, for the purposes of the Safety, Rehabilitation and Compensation Act 1988, the Superannuation Act and the Superannuation Act 2005, to have been retired under this section on the day on which the initial period ended. AFP employee is an eligible employee under the Superannuation Act 1976 (4) In spite of this section, an AFP employee 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 on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act. AFP employee is a member of the superannuation scheme under the Superannuation Act 1990 (5) In spite of this section, an AFP employee 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 on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act. AFP employee is an ordinary employer‑sponsored member under the Superannuation Act 2005 (6) In spite of this section, an AFP employee who: (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and (b) is under 60 years of age; is not capable of being retired on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.