Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_184:p4
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 184 (pt 4/5)
Character Range: 739858–742487

of paragraph (5)(c), revokes a benefit classification certificate and issues a new benefit classification certificate in substitution for that certificate, the first‑mentioned certificate shall be deemed never to have been issued and the certificate issued by CSC in substitution for the first‑mentioned certificate shall be deemed to have been issued under subsection 16(4) on the commencing day.
 (5C) Where CSC, in pursuance of paragraph (5)(d) or (e), issues a benefit classification certificate, the certificate shall be deemed to have been issued under subsection 16(4) on the commencing day.
 (6) CSC shall not, in a benefit classification certificate issued under subsection (5), include a physical or mental condition in respect of which CSC was of the opinion under subsection 16(8) that there was not a real risk that the person would, by reason of or for a reason connected with that condition, not continue to be an eligible employee until the person attained his or her maximum retiring age unless CSC is satisfied that CSC would not have been of that opinion but for the fact that:
 (a) at or in connection with a medical examination that the person was required to undergo under subsection 16(6) or 16AB(3); or
 (b) in connection with a request by the person under subsection 16(6);
the person failed to answer properly a question asked of the person or gave false or misleading information.
 (7) In this section:
 (a) a reference to a contributor to the Fund shall be read as a reference to a contributor to the existing Fund under Part III of the superseded Act;
 (b) a reference to a contributor to the Provident Account shall be read as a reference to a contributor to the Provident Account established under the superseded Act; and
 (c) a reference to the physical or mental condition or conditions of a person that was or were relevant for the purposes of the superseded Act shall be read as a reference to the physical or mental condition or conditions of the person that, in the opinion of CSC, was or were the physical or mental condition or conditions of the person by reason of which, at the time when the person became, or last became, a contributor to the Provident Account:
 (i) the former Board was not satisfied under subsection 5 (1) of the superseded Act that the health and physical fitness of the person were such as to justify his or her being accepted as a contributor to the Fund; or
 (ii) the person was not, by virtue of a provision of the superseded Act (other than subsection 5(1) or 79(2) of the superseded Act), accepted as a contributor to the Fund;
  other than a physical or mental