Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p35
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 80336–83086

scheme;
     (b) in the case of an employee in relation to whom sub-paragraph (i) of the last preceding paragraph applies—an amount equal to the amount of the transfer value referred to in that sub-paragraph has been paid to the Board in accordance with sub-section (1.) of section one hundred and nineteen j of this Act; and
     (c) any of the following sub-paragraphs applies:—
          (i) the employee underwent a medical examination required under the rules of the superannuation scheme referred to in paragraph (a) of this sub-section for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being admitted as a member of that scheme;

          (ii) the employee was admitted as a member of the superannuation scheme under provisions of the rules of that scheme corresponding to the provisions of this section; or
          (iii) the employee underwent a medical examination required by the person by whom he was employed in the employment referred to in paragraph (a) of this sub-section for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being employed in that employment.
"(2.) This section does not apply in relation to an employee if—
     (a) a period of more than three months elapsed between the termination of the employment referred to in paragraph (a) of the last preceding sub-section and the date on which he became an employee; or
     (b) in the case of a person to whom sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) of the last preceding sub-section applies— the employment referred to in that paragraph terminated by reason of his invalidity or his physical or mental incapacity to perform his duties.
"(3.) Where, under the superannuation scheme applicable in respect of the employment in which an employee in relation to whom this section applies was last employed before he became an employee—
     (a) the benefits that would have been applicable in respect of the employee if the termination of that employment had been caused by his death, invalidity or physical or mental incapacity would have been, or would have included, benefits by way of a pension;
     (b) those benefits would have been the maximum benefits available under the scheme; and
     (c) the applicability of those maximum benefits would not have been attributable to his having paid contributions at a higher rate than the ordinary rate of contributions,
the employee is not prevented from contributing to the Fund under Part III. by reason of sub-section (1.) of section five of this Act.
"(4.) If the Board is satisfied that, at the time when an employee in relation to whom this section applies commenced to be