58Early retirement—voluntary or involuntary retirement

#### 58 Early retirement—voluntary or involuntary retirement (1) For the purposes of this Act, a person shall be deemed to have ceased to be an eligible employee by reason of early retirement if: (a) the person is deemed by subsection (2) to have retired voluntarily; or (b) the person is deemed by subsection (3) to have retired involuntarily; or (c) the person is deemed by section 58A or 58B to have retired involuntarily. (2) Where: (a) the minimum retiring age of a person who is an eligible employee is less than 60 years; and (b) on or after reaching the person’s minimum retiring age but before reaching the age of 60 years, the person ceases to be an eligible employee for any reason other than death or involuntary retirement; the person shall, for the purposes of this Act, be deemed to have retired voluntarily. (3) Where a person ceases to be an eligible employee because: (a) if the person has attained his or her minimum retiring age—the person is retired, otherwise than at his or her own request; (aa) in the case of an SES employee—the person retires under section 37 of the Public Service Act; (b) the person’s employment or appointment is terminated on a ground similar to a ground specified in section 76D, 76L or 76W of the Public Service Act 1922, as in force immediately before its repeal; (d) except in the case of a temporary employee—his or her position or office ceases to exist, whether by reason of its being abolished or otherwise; (h) the person retires, or the person’s employment or appointment is terminated, in prescribed circumstances; the person shall, for the purposes of this Act, be deemed to have retired involuntarily. (3B) The termination, under the Public Sector Management Act 1994 of the Australian Capital Territory, of an appointment made under that Act is not to be taken to be the termination of the appointment for the purposes of paragraph (3)(b) of this section if: (a) the appointment was made on probation; and (b) the appointment had not been confirmed when the termination was effected. (4) Subsections (2) and (3) and sections 58A and 58B do not apply to a person: (a) who ceases to be an eligible employee by reason of retirement on the ground of invalidity; or (b) whose period of contributory service is less than 1 year. (5) If the question arises whether employment mentioned in paragraph (3A)(b) is equivalent employment, the Minister may determine the matter.