36Removal taken to be retirement on ground of invalidity

36 Removal taken to be retirement on ground of invalidity

(1) If a member: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) is removed from office under section 35 on the ground of physical or mental incapacity; for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was removed from office. (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member. (3) If a member: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is removed from office under section 35 on the ground of physical or mental incapacity; for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office. (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member. (5) If a member: (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and (b) is removed from office under section 35 on the ground of physical or mental incapacity; for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office. (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.