Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p38
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 91552–94278

The Commissioner shall not, under sub-section (2) or (3), issue a benefit classification certificate in respect of a person if there is a benefit classification certificate in force in respect of the person at that time.

"(5) Where—
     (a) a person to whom this section applies (whether or not he was, immediately before the commencing day, a contributor to the Provident Account) ceases to be an eligible employee by reason of death or retirement on the ground of invalidity;
     (b) his period of contributory service is less than 20 years and, on the day on which he ceases to be an eligible employee, he has not attained his maximum retiring age;
     (c) the person was, immediately before the commencing day, a contributor to the Fund or, if the person was, immediately before the commencing day, a contributor to the Provident Account, the Commissioner is not of the opinion that the death of the person or the incapacity which was the ground for the retirement of the person was caused, or was substantially contributed to—
         (i) by the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, by those conditions or one or more of those conditions; or
         (ii) by a physical or mental condition or conditions of the person connected with the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, with those conditions or one or more of those conditions; and
     (d) the Commissioner is satisfied—
         (i) that, at or in connexion with a medical examination which the person underwent for the purposes of the superseded Act, the person failed to furnish any information required to be furnished by him or furnished false information; and
         (ii) that, 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, there would have been deemed to be in force in respect of the person, immediately before his 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,