28Members eligible for supplementary benefits

28 Members eligible for supplementary benefits

28.1 Each of the following persons is an eligible member for the purposes of this Part:

 (a) a member who was a member on the date of commencement of the Amendment Statute;

 (b) a member who has not, on the day on which he or she is enrolled as a member, attained the age of 40 years;

 (c) a member who has elected to remain, or to become, an eligible member under subsection 28.4.

28.2 If the Council is satisfied that the health or physical condition of a member who was a member on the date of commencement of the Amendment Statute or a member who had not, on the day on which he or she enrolled as a member, attained the age of 40 years, is not such as to justify the member remaining an eligible member without payment by the member of contributions to the Fund, the Council may, within 2 months after the commencement of the Amendment Statute or the enrolment of the member, as the case requires, direct that the member must not remain an eligible member unless the member pays contributions to the Fund in accordance with such conditions as the Council determines, and the member ceases to be an eligible member unless he or she elects to pay contributions in accordance with those conditions.

28.3 If a person has become a member by reason of a direction of the Council under subsection 7.6, the provisions of subsection 28.2 apply, mutatis mutandis, to and in relation to the member.

28.4 A member who is enrolled as a member after the commencement of the Amendment Statute and has, on the date on which he or she is so enrolled, attained the age of 40 years may, if he or she has obtained the approval of the Council, make, within 26 weeks after the Council has granted the approval, an election in writing to become an eligible member.