Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 76

76. Section 184 of the Principal Act is amended-

   (a)  by omitting paragraphs (2) (a) and (b) and substituting the following
        paragraphs:

"(a) a person to whom this section applies who, immediately before the
commencing day, was (otherwise than because 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81 of the superseded Act) a contributor to the Provident Account-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        underwent for the purpose of the superseded Act, the person failed to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 respect
        of the person but a physical or mental condition of the person or
        physical or mental conditions of the person was or were relevant for
        the purposes of the superseded Act-issue a 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, relevant
        for the purposes of the superseded Act; or

   (e)  if there is no benefit classification certificate in force in respect
        of the person and no physical or mental condition of the person was
        relevant for the purposes of the superseded Act-issue a benefit
        classification certificate in respect of the person in which the
        unrecorded condition is or the unrecorded conditions are specified.

"(5A) In sub-section (5), a reference to a relevant person shall be read as a
reference to a person to whom this section applies (whether or not the person
was, immediately before the commencing day, a contributor to the Provident
Account)-

   (a)  who is an eligible employee, has a period of contributory service of
        less than 20 years and has not attained his or her maximum retiring
        age;

   (b)  who is or was an eligible employee to whom partial invalidity pension
        is or was payable and who, at the time when partial invalidity pension
        became so payable, had a period of contributory service of less than
        20 years; or

   (c)  who has ceased (whether before or after the commencement of this
        sub-section) to be an eligible employee because of invalidity or death
        and who, at the time when he or she so ceased, had a period of
        contributory service of less than 20 years and had not attained his or
        her maximum retiring age.

"(5B) Where the Commissioner, in pursuance 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 the Commissioner in substitution for the first-mentioned certificate
shall be deemed to have been issued under sub-section 16 (4) on the commencing
day.

"(5C) Where the Commissioner, in pursuance of paragraph (5) (d) or (e), issues
a benefit classification certificate, the certificate shall be deemed to have
been issued under sub-section 16 (4) on the commencing day.";

   (e)  by inserting in paragraph (7) (c) ", at the time when the person
became, or last became, a contributor to the Provident Account" after "by
reason of which"; and

   (f)  by omitting from paragraph (7) (c) all the words after sub-paragraph
        (c) (ii) and substituting "other than a physical or mental condition
        that, in the opinion of the Commissioner, the Superannuation Board
        was, as a result of a medical examination under sub-section 79 (2) of
        the superseded Act, satisfied no longer existed unless the
        Commissioner is satisfied that, but for the failure of the person to
        give any information required to be given by the person or the giving
        of false information at or in connection with that medical
        examination, the Board would not have been so satisfied.".