Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p39
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 94012–96721

certificate in which there would have been specified the physical or mental condition or conditions which caused, or substantially contributed to, the death or retirement, or a physical or mental condition or conditions connected with such a condition or conditions,

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 that, in the opinion of the Commissioner, would have been the physical or mental condition or conditions of the person specified in the benefit classification certificate that the Commissioner would have issued, or, but for sub-section (4), would have issued, in respect of the person under sub-section (2) if the person had not failed to furnish that information or had not furnished that false information and, in a case where the person would not have been a contributor to the Provident Account or a contributor to the Fund immediately before the commencing day but for the failure to furnish that information or the furnishing of that false information, the person had been a contributor to the Provident Account immediately before the commencing day and, for the purposes of this Act, the certificate shall be deemed to have been issued under sub-section 16(11) and to have been in force in respect of the person immediately before his death or retirement.
"(6) The Commissioner shall not, in a benefit classification certificate issued under sub-section (5), include a physical or mental condition in respect of which the Commissioner was of the opinion under sub-section 16(8) that the person was not likely, by reason of or for a reason connected with that condition, to cease to continue to be an eligible employee before the person attained his maximum retiring age unless the Commissioner is satisfied that, but for the failure of the person to furnish any information required to be furnished by him or the furnishing of false information at or in connexion with a medical examination which the person was required to undergo under sub-section 16 (6), he would not have been of that opinion.

"(7) In this section—
     (a) a reference to a contributor to the Fund shall be read as a reference to a contributor to the existing Fund under Part III of the superseded Act;
     (b) a reference to a contributor to the Provident Account shall be read as a reference to a contributor to the Provident Account established under the superseded Act; and
     (c) a reference to the physical or mental condition or conditions of a person that was or were relevant for the purposes of the superseded Act shall be read as a reference to the physical or