Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_130:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 130 (pt 1/2)
Character Range: 507542–510151

130  Exemption of certain eligible employees from medical examination
 (1) Subject to subsection (2), this section applies in relation to an eligible employee if:
 (a) by reason of the termination of the employment in which he or she was last employed before he or she became an eligible employee:
 (i) a transfer value within the meaning of Division 2 of Part IX became payable to or in respect of him or her after 25 May 1971 under a superannuation scheme applicable in relation to that employment and an amount equal to that transfer value has been paid to CSC in accordance with subsection 128(1);
 (ii) a pension that was based, or included an amount based, wholly upon contributions by his or her employer under a superannuation scheme applicable in relation to that employment or partly upon such contributions and partly upon contributions under the scheme by the person became payable to him or her; or
 (iii) benefits whether by way of a lump sum or of a pension, that were payable at a future time and were based, or included an amount or amounts based, wholly upon contributions by his or her employer under a superannuation scheme applicable in relation to that employment or partly upon such contributions and partly upon contributions under the scheme by him or her became applicable in respect of him or her; and
 (b) the eligible employee:
 (i) underwent a medical examination required under the rules of the superannuation scheme referred to in paragraph (a) for the purpose of determining whether his or her health and physical fitness were of such a standard as would justify his or her being admitted as a member of that scheme;
 (ii) underwent a medical examination required by the person by whom he or she was employed in the employment referred to in paragraph (a) for the purpose of determining whether his or her health and physical fitness were of such a standard as would justify his or her being employed in that employment; or
 (iii) was admitted as a member of the superannuation scheme referred to in paragraph (a) under provisions of the rules of that scheme corresponding to the provisions of this section.
 (2) This section does not apply in relation to an eligible employee if:
 (a) a period of more than 3 months elapsed between the termination of the employment referred to in paragraph (1) (a) and the day on which he or she became an eligible employee; or
 (b) in the case of a person to whom subparagraph (1)(a)(i) or (ii) applies—the employment referred to in that paragraph terminated by reason of his or her invalidity or his or her physical or mental incapacity to