Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p37
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 89158–91796

a person to whom this section applies who, immediately before the commencing day, was (otherwise than by reason of an election made under section 81 of the superseded Act) a contributor to the Provident Account ceases to be an eligible employee by reason of death or retirement on the ground of invalidity;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; and
     (c) the Commissioner is 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         (i) by the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, by those conditions or one or more of those conditions; or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of the person connected with the physical or mental condition of the person that was relevant for the purposes of the superseded Act or, if there was more than one such condition, with those conditions or one or more of those conditions,
the Commissioner shall issue in respect of the person a benefit classification certificate in which there is or are specified the physical or mental condition or conditions of the person that was or were relevant for the purposes of the superseded Act and, for the purposes of this Act, the certificate shall be deemed to have been issued under sub-section 16(4) and to have been in force in respect of the person immediately before his death or retirement.

"(3) Subject to sub-section (4), the Commissioner may, if he thinks fit, and shall, upon application in writing being made to him by an eligible employee who is a person to whom this section applies and who, immediately before the commencing day, was (otherwise than by reason of an election made under section 81 of the superseded Act) a contributor to the Provident Account, issue in respect of the eligible employee a benefit classification certificate in which the physical or mental condition or conditions of the person that was or were relevant for the purposes of the superseded Act is or are specified and, for the purposes of this Act, the certificate shall be deemed to have been issued under sub-section 16(4).

"(4) 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