41Compulsory termination of service of certain contributors for whom no retiring age is fixed by law

#### 41 Compulsory termination of service of certain contributors for whom no retiring age is fixed by law (1) Subject to this section and to subsection (2) of section 38, the compulsory termination (however expressed) of the service of a contributor who has attained the age of sixty years and in respect of whom an age for retirement is not fixed by law shall, for the purposes of this Act: (a) in the case of a contributor who has not attained the age of sixty‑five years and elects to treat the termination as discharge—be deemed to be discharge; and (b) in any other case—be deemed to be retirement and, if the contributor has not attained the age of sixty‑five years, be deemed to be the retirement of a contributor the age for whose retirement is fixed by law at an earlier age than sixty‑five years. (2) Subsection (1) does not apply where the Board is satisfied that the service of the contributor was compulsorily terminated by reason of his having been guilty of misconduct or by reason of his having been convicted of an offence against a law of the Commonwealth or of a State or Territory. (3) For the purposes of subsection (2), the service of a contributor who was employed in a temporary capacity under section 82 of the Public Service Act 1922‑1964 shall be deemed to have been compulsorily terminated by reason of his having been guilty of misconduct if his services were dispensed with under that Act on the ground that he has been guilty of conduct that, if he were an officer of the Public Service of the Commonwealth, would have constituted an offence specified in subsection (1) of section fifty‑five of that Act. (4) On and after 1 July 1976, the reference in subsection (2) to the Board shall be read as including a reference to the Commissioner for Superannuation.