45ARemoval taken to be retirement on ground of invalidity

45A Removal taken to be retirement on ground of invalidity

(1) If a Commissioner: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) is removed from office under section 45 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 suspended from office. (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the Commissioner. (3) If a Commissioner: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is removed from office under section 45 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 suspended from office. (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the Commissioner.