48Retirement on the grounds of invalidity

48 Retirement on the grounds of invalidity (1) For this section an employee is totally and permanently incapacitated if, because of a physical or mental condition, it is unlikely the employee will ever be able to work in any employment or hold any office for which he or she is reasonably qualified by education, training or experience or could become reasonably qualified after retraining. (2) If the Chief Executive Officer of an Agency is satisfied, on reasonable grounds, an employee in the Agency is totally and permanently incapacitated the Chief Executive Officer may retire the employee on the grounds of invalidity. (3) The Chief Executive Officer must not take action under subsection (2) unless the Chief Executive Officer: (a) has obtained and considered a medical report under section 45 or 49B; and

Public Sector Employment and Management Act 1993 37 (b) has complied with section 50 of the Superannuation Act 1986 if applicable; and (c) has considered any relevant legislation relating to superannuation; and (d) is satisfied the action is appropriate and reasonable in the circumstances; and (e) is satisfied the employee: (4) This section does not affect the Chief Executive Officer's ability to take action under section 44 in relation to the employee.