27Retirement

27 Retirement (1) The Speaker may retire the ombudsman on the ground of physical or mental incapacity if— (a) the incapacity substantially affects the exercise of the ombudsman’s functions; and (b) the ombudsman consents to the retirement. (2) However, the ombudsman must not be retired on the ground of invalidity unless— (a) if the ombudsman is an eligible employee for the Superannuation Act 1976 (Cwlth)— (i) the ombudsman is under the ombudsman’s maximum retiring age within the meaning of that Act; and Superannuation Board of Trustees No 2 under that Act, section 54C for the ombudsman; or (b) if the ombudsman is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)— (i) the ombudsman is under 60 years old; and Superannuation Board of Trustees No 1 under that Act, section 13 for the ombudsman; or

(c) if the ombudsman is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— (i) the ombudsman is under 60 years old; and Superannuation Board of Trustees No 1 under that Act, section 43 for the ombudsman. invalidity means— (a) for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or (b) for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or (c) for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— invalidity under that Act. physical or mental incapacity includes invalidity.