Medical examination, and issue of benefit classification certificate, on becoming eligible employee
16 Medical examination, and issue of benefit classification certificate, on becoming eligible employee
CSC may, for the purposes of this section, require a person (other than a person to whom section 184 applies) who proposes to become or becomes an eligible employee to undergo, within such period as CSC specifies, such medical examination or examinations by an approved medical practitioner or practitioners as CSC determines.
A report or reports of the result or results of the medical examination or examinations shall be furnished to CSC.
CSC shall consider the report or reports, and such other matters (if any) as CSC considers relevant, and, if it is of the opinion that there is a real risk that the person, by reason of or for a reason connected with a physical or mental condition or conditions referred to in the report or reports, will not continue to be an eligible employee until the person attains his or her maximum retiring age, CSC shall issue a benefit classification certificate to that effect, being a certificate in which the relevant condition or conditions is or are specified.
Subsection (4) does not apply after 31 March 1991 in relation to a person:
in respect of whom a benefit classification certificate was not in force on that date; and
who was on 30 June 1990, and continued to be until 31 March 1991, an eligible employee.
Despite subsection (4A), subsection (4) applies to a person mentioned in subsection (4A) who, after 31 March 1991, ceases to be an eligible employee and again becomes an eligible employee.
Nothing in subsection (4A) affects the operation of section 16AC or subsections 184(5) to (5C) (inclusive).
In the application of this Act to an eligible employee at any time, a reference in this Act to a benefit classification certificate that is in force in respect of an eligible employee shall, in the case of an eligible employee whose period of contributory service would, if he or she ceased to be an eligible employee at that time, be not less than 20 years or an eligible employee who has attained his or her maximum retiring age, be read as not including a reference to a benefit classification certificate that has been issued in respect of him or her.
In the application of this Act to:
an eligible employee who has previously ceased to be an eligible employee by reason of retirement on the ground of invalidity, being an eligible employee to whom, upon his or her so ceasing, invalidity benefit was payable in accordance with section 69, 72 or 73; or
an eligible employee who has previously ceased to be an eligible employee otherwise than by reason of retirement on the ground of invalidity;
a reference in this Act to a benefit classification certificate that is in force in respect of the eligible employee shall be read as not including a reference to a benefit classification certificate (if any) that was issued in respect of him or her before or upon his or her so previously ceasing to be an eligible employee.
Where a benefit classification certificate is in force in respect of an eligible employee, he or she may, on grounds specified in the request, request CSC to revoke the certificate or to revoke the certificate and issue in substitution for the certificate a new benefit classification certificate and, where an eligible employee makes such a request, he or she shall, within such period as CSC requires, undergo such further medical examination (if any) or examinations by an approved medical practitioner or practitioners as CSC requires.
A report or reports of the result or results of the further medical examination or examinations shall be furnished to CSC.
CSC shall consider the report or reports (if any), and such other matters as it considers relevant, and:
where there is not more than 1 physical or mental condition specified in the benefit classification certificate and CSC is of the opinion that there is not a real risk that the person, by reason of or for a reason connected with that condition, will not continue to be an eligible employee until he or she attains his or her maximum retiring age—CSC shall revoke the certificate;
where there is more than 1 physical or mental condition specified in the benefit classification certificate:
if CSC is of the opinion that there is not a real risk that the person, by reason of or for a reason connected with those conditions, will not continue to be an eligible employee until the person attains his or her maximum retiring age—CSC shall revoke the certificate; or
if CSC is of the opinion that there is a real risk that the person, by reason of or for a reason connected with 1 or some only of the conditions specified in the certificate, will not continue to be an eligible employee until he or she attains his or her maximum retiring age—CSC shall revoke the certificate and issue in substitution for the certificate a new benefit classification certificate specifying only the condition or conditions in respect of which CSC is of the opinion referred to in this subparagraph; and
in any other case—CSC shall refuse the request to revoke the benefit classification certificate or to revoke the benefit classification certificate and to issue in substitution for the certificate a new benefit classification certificate.
Where, under subsection (8), CSC revokes a benefit classification certificate on a particular day:
the revocation has effect on and from that day; and
the new certificate (if any) issued in substitution for the revoked certificate is to be taken to have been issued on that day.
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