Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p14
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 14/38)
Character Range: 52984–55736

happened, he or she would have formed on that basis the opinion that there was a real risk that the person, by reason of, or for a reason connected with:

    (a) a condition that is referred to in the report material and that the Commissioner is satisfied is a condition of the person that existed at the time when the person became an eligible employee; or

    (b) 2 or more such conditions;

would not continue to be an eligible employee until the person attained his or her maximum retiring age, must issue in respect of the person a benefit classification certificate specifying the condition or conditions.

"(7) The matters excluded by this subsection are the following:

    (a) the fact that the benefit event has happened;

    (b) any information the Commissioner has about the causes of:

(i) the death; or

 (ii) the incapacity that was the ground for the retirement; or

       (iii) the incapacity to which the Commissioner is satisfied that the decrease in the annual rate of salary of the person could properly be regarded as attributable;

as the case may be;

    (c) any information the Commissioner has about the person's state of physical or mental health, or medical history, during a period beginning after:

       (i) if the person has undergone an examination or examinations under subsection 16 (2)—the person underwent the examination or the later or last of the examinations; or

(ii) otherwise—the person became an eligible employee.

"(8) If paragraph (2) (e) applies, the Commissioner must issue in respect of the person the benefit classification certificate that the Commissioner would have so issued but for the benefit event.

"(9) For the purposes of this Act, a benefit classification certificate issued under this section is to be taken to have been issued under subsection 16 (4) on the day before the day of the benefit event.

Condition coming into existence after person became eligible employee

"16ab. (1) This section applies where a benefit classification certificate (whether issued before or after the commencement of this section):

    (a) is in force in respect of a person (in this section called the 'employee') who is an eligible employee; or

(b) was in force in respect of a person (in this section also called the 'employee') immediately before:

       (i) the annual rate of salary of the employee decreased, at or after that commencement, under such circumstances that the Commissioner is satisfied that the decrease can properly be attributed to physical or mental incapacity; or

(ii) the employee ceased, at or after that commencement, to be an eligible employee.

"(2) A person, being:

(a) the employee or a person acting on his or her behalf; or

(b) if the employee is dead:

(i) a