Document ID: chunk:federal_register_of_legislation:F2004C00098:reg:184:p2
Version: federal_register_of_legislation:F2004C00098
Segment Type: reg
Provision Reference: reg 184 (pt 2/18)
Character Range: 51080–54146

invalidity pensioner immediately before becoming an eligible employee ceases to be an eligible employee by reason of death or retirement on the ground of invalidity;
                      (b) the person's period of contributory service is less than 20 years and, on the day on which he or she ceases to be an eligible employee, the person has not attained his or her maximum retiring age; and
                      (c) the Commissioner is satisfied:
                      (i) that, at or in connection with a medical examination which the person underwent for the purposes of the superseded Act, the person failed to furnish any information as required or furnished false information; and
                      (ii) that, if the person had not failed to furnish that information or had not furnished that false information, there would have been deemed to be in force in respect of the person, immediately before his or her death or retirement, a benefit classification 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 specifying 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 in respect of the person if:
                      (iii) the person had been a contributor to the Provident Account immediately before the commencing day; and
                      (iv) the person had not failed to furnish that information or had not furnished that false information;
                     and, for the purposes of this Act, the certificate shall be deemed to have been issued under subsection 16 (11) and to have been in force in respect of the person immediately before his or her death or retirement.'; and
                              (b) with effect from and including 18 December 1986 until the end of 30 June 1990, subsection (5) as in force on 18 December 1986; and
                              (c) with effect from and including 1 July 1990, subsection (5) as in force on and after that day.
                         After subsection (5), insert:

                      '(5AA) Subsection 91 (3) of the Superannuation Legislation Amendment Act 1990 has effect in relation to decisions made under this section as modified by the Superannuation (Existing Invalidity Pensioners) Regulations'.
                     Omit from subsection (5A) as in force on 18 December 1986, with effect from and including that day '(whether or not the person was, immediately before the commencing day, a contributor to the Provident Account)'

                     Omit from subsection (5B) as in force on 18 December 1986, with