Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 58

Division 2-Early Retirement Benefit
58. (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 the person is
deemed by sub-section (2) to have retired voluntarily, or by sub-section (3)
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 the person attains his minimum retiring age but before he
        attains the age of 60 years, he ceases to be an eligible employee by
        reason that he is retired at his own request or he resigns, the person
        shall, for the purposes of this Act, be deemed to have retired
        voluntarily.

(3) Where, before a person who is an eligible employee attains the age of 60
years, he ceases to be an eligible employee by reason that-

   (a)  if his minimum retiring age is less than 60 years and he has attained
        that minimum retiring age-he is retired, otherwise than at his own
        request;

   (b)  he is retrenched, he is retired under section 20 of the Public Service
        Act or he is retired otherwise than under that Act on a ground similar
        to the ground on which persons may be retired under section 20 of the
        Public Service Act;

   (c)  in the case of the holder of a statutory office-the term of his
        appointment to that office has expired and, notwithstanding that he
        was eligible for re-appointment to that office and desired to be so
        re-appointed, he was not re-appointed;

   (d)  except in the case of a temporary employee-his position or office
        ceases to exist, whether by reason of its being abolished or
        otherwise; or

   (e)  he is retired under section 67 of the Public Service Act or his
        employment or appointment is terminated otherwise than under that Act
        on a ground similar to a ground specified in that section, the person
        shall, for the purposes of this Act, be deemed to have retired
        involuntarily.

(4) Sub-sections (2) and (3) 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.