Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p41
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 101423–104231

of an election made under section 81 of the superseded Act) a contributor to the Provident Account—
             (i) ceases to be an eligible employee because of death or retirement on the ground of invalidity; or
             (ii) becomes entitled to partial invalidity pension under section 78 because of a decrease in the annual rate of the person's salary that the Commissioner is satisfied can properly be regarded as attributable to physical or mental incapacity;
         (b) at the time when the person so ceases to be an eligible employee or becomes entitled to partial invalidity pension, as the case requires, the person's period of contributory service is less than 20 years and the person has not attained the person's maximum retiring age; and";
     (b) by omitting from paragraph (2) (c) "or the incapacity which was the ground for the retirement of the person" and substituting ", the incapacity which was the ground for the retirement of the person or the incapacity to which the Commissioner was satisfied that the decrease in the annual rate of salary of the person could properly be regarded as attributable, as the case requires,";

     (c) by adding at the end of sub-section (2) "or immediately before the person became entitled to partial invalidity pension under section 78, as the case requires";
     (d) by omitting sub-section (5) and substituting the following sub-sections:
     "(5) Where the Commissioner is satisfied, in respect of a person who is a relevant person—
        (a) that, at or in connection with a medical examination that the person underwent for the purpose of the superseded Act, the person failed to give information that the person was required to give or gave false or misleading information; and
        (b) that a physical or mental condition of the person or physical or mental conditions of the person (in this sub-section referred to as an 'unrecorded condition' or as 'unrecorded conditions') that was not or were not relevant for the purposes of the superseded Act, would have been relevant for the purposes of that Act if the person had not failed to give the information the person was required to give or had not given that false or misleading information,
     the Commissioner shall—
        (c) if there is a benefit classification certificate in force in respect of the relevant person—revoke that certificate and issue a new benefit classification certificate in respect of the person in which the unrecorded condition or the unrecorded conditions is or are specified either in addition to or in substitution for the physical or mental condition that was, or any or all of the physical or mental conditions that were, specified in the first-mentioned certificate;
        (d) if there is no benefit classification certificate in force in