Document ID: chunk:federal_register_of_legislation:C2022C00264:section:16aa:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 16AA (pt 1/3)
Character Range: 89889–92612

16AA  Benefit event happening before section 16 procedures completed
 (1) In this section:
benefit event, in relation to a person who is an eligible employee, means:
 (a) the person's death; or
 (b) the person ceasing to be an eligible employee because of retirement on the ground of invalidity; or
 (c) the annual rate of salary of the person decreasing under such circumstances that CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity.
condition means a physical or mental condition.
examination means a medical examination.
 (2) Subsections (3) to (9), inclusive, apply where, as at the time of a benefit event in relation to a person who is an eligible employee:
 (a) the person has undergone no examination under subsection 16(2); or
 (b) the person has undergone such an examination, or 2 or more such examinations, but CSC has not yet decided that the person should not be required under subsection 16(2) to undergo a further examination; or
 (c) CSC has so decided but has not yet considered the report or reports of the result or results of the examination or examinations that the person has undergone under subsection 16(2); or
 (d) CSC has considered the report or reports but has not yet decided whether or not to issue a benefit classification certificate in respect of the person under subsection 16(4); or
 (e) CSC has decided so to issue such a certificate but has not yet issued it.
 (3) If subparagraph (2)(a) or (b) applies, CSC must, in relation to each examination (if any) that:
 (a) CSC required the person under subsection 16(2) to undergo; or
 (b) CSC is satisfied it would, but for the benefit event, have so required the person to undergo;
but that the person did not in fact undergo, determine what, in CSC's opinion, the report of the result of the examination would have contained if the person:
 (c) had undergone the examination on the day when the person:
 (i) if paragraph (2)(a) applies—became an eligible employee; or
 (ii) if paragraph (2)(b) applies—underwent the examination, or the later or last of the examinations, referred to in that paragraph; and
 (d) at or in connection with the examination:
 (i) had answered properly, within the meaning of section 16AC, all the questions asked of the person; and
 (ii) had given no false or misleading information.
 (4) For the purposes of subsection (3), CSC must consider such information and other matters as it considers relevant.
 (5) In subsection (6):
report material means:
 (a) if paragraph (2)(a) applies—the determination or determinations under subsection (3); or
 (b) if paragraph (2)(b) applies:
 (i) the report or reports of the result or results of the examination or examinations