Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p11
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 24545–27385

examination or examinations by an approved medical practitioner or practitioners as the Commissioner determines.";
     (b) by inserting after sub-section (5) the following sub-section:
     "(5a) In the application of this Act to—
         (a) an eligible employee who has previously ceased to be an eligible employee by reason of retirement on the ground of invalidity, being an eligible employee to whom, upon his so ceasing, invalidity benefit was payable in accordance with section 69, 72 or 73; or
         (b) an eligible employee who has previously ceased to be an eligible employee otherwise than by reason of retirement on the ground of invalidity,
     a reference in this Act to a benefit classification certificate that is in force in respect of the eligible employee shall be read as not including a reference to a benefit classification certificate (if any) that was issued in respect of him before or upon his so previously ceasing to be an eligible employee.
     (c) by inserting in sub-section (6) "(if any)" after "examination";
     (d) by inserting in sub-section (8) "(if any)" after "reports";
     (e) by omitting from sub-section (8) "(if any)";
     (f) by inserting in paragraph (a) of sub-section (8) "continue to" after "cease to";
     (g) by inserting in sub-section (9) "under sub-section (8)" after "certificate";
     (h) by adding at the end of paragraph (b) of sub-section (10) "or by a physical or mental condition or conditions connected with such a condition or such conditions,";
     (j) by omitting from sub-section (10) all the words after paragraph (b) and substituting "the Commissioner shall issue in respect of the person a benefit classification certificate in which there is or are specified the physical or mental condition or conditions of the person which, in the opinion of the Commissioner, existed at the time the person became an eligible employee and, for the purposes of this Act, the certificate shall be deemed to have been in force in respect of the person immediately before his death or retirement";
     (k) by omitting sub-section (11) and substituting the following sub-sections:
         "(11) Where—
         (a) a person ceases to be an eligible employee by reason of death or retirement on the ground of invalidity;
         (b) his period of contributory service is less than 20 years and, on the day on which he ceases to be an eligible employee, he has not attained his maximum retiring age;
         (c) a benefit classification certificate is not in force in respect of the person immediately before his death or retirement or, if a benefit classification certificate is in force in respect of him at that time, the Commissioner is not of the opinion that the death or incapacity which was the ground for his retirement was caused, or substantially contributed to,