119MExemption of certain employees from medical examination

#### 119M Exemption of certain employees from medical examination (1) Subject to subsection (2), this section applies in relation to an employee if: (a) by reason of the termination of the employment in which he was last employed before he became an employee: (i) a transfer value became payable to or in respect of him under a superannuation scheme applicable in relation to that employment; (ii) a pension became payable to him under such a superannuation scheme; or (iii) deferred benefits became applicable in respect of him under such a superannuation scheme; (b) in the case of an employee in relation to whom subparagraph (i) of paragraph (a) applies—an amount equal to the amount of the transfer value referred to in that subparagraph has been paid to the Board in accordance with subsection (1) of section 119J; and (c) any of the following subparagraphs applies: (i) the employee underwent a medical examination required under the rules of the superannuation scheme referred to in paragraph (a) for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being admitted as a member of that scheme; (ii) the employee was admitted as a member of the superannuation scheme under provisions of the rules of that scheme corresponding to the provisions of this section; or (iii) the employee underwent a medical examination required by the person by whom he was employed in the employment referred to in paragraph (a) for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being employed in that employment. (2) This section does not apply in relation to an employee if: (a) a period of more than three months elapsed between the termination of the employment referred to in paragraph (a) of subsection (1) and the date on which he became an employee; or (b) in the case of a person to whom subparagraph (i) or subparagraph (ii) of paragraph (a) of subsection (1) applies—the employment referred to in that paragraph terminated by reason of his invalidity or his physical or mental incapacity to perform his duties. (3) Where, under the superannuation scheme applicable in respect of the employment in which an employee in relation to whom this section applies was last employed before he became an employee: (a) the benefits that would have been applicable in respect of the employee if the termination of that employment had been caused by his death, invalidity or physical or mental incapacity would have been, or would have included, benefits by way of a pension; (b) those benefits would have been the maximum benefits available under the scheme; and (c) the applicability of those maximum benefits would not have been attributable to his having paid contributions at a higher rate than the ordinary rate of contributions; the employee is not prevented from contributing to the Fund under Part III by reason of subsection (1) of section 5. (4) If the Board is satisfied that, at the time when an employee in relation to whom this section applies commenced to be employed in the employment in which he was last employed before he became an employee, his health and physical fitness were of such a standard as would have justified his being accepted as a contributor to the Fund under Part III if he had then been an employee, the Board shall, notwithstanding subsection (1) of section 5, accept the employee as such a contributor. (5) If subsections (3) and (4) are not applicable in respect of an employee in relation to whom this section applies, the Board shall, notwithstanding subsection (1) of section 5, accept the employee as a contributor to the Provident Account. (6) Where the Minister, after receiving a report from the Board in respect of a period in relation to which this section applies, is of the opinion that, as a result of the operation of this section, the number of pensions that have become payable under this Act during that period by reason of the death of contributors during that period, or the retirement of contributors during that period on the ground of invalidity or of physical or mental incapacity to perform their duties, is greater than the number of pensions that would otherwise have become so payable during that period, the Minister may direct that there shall be paid by the Commonwealth to the Fund, in addition to any other amounts that have or may become payable to the Fund under this Act, such amount as the Minister considers appropriate. (7) The Board shall, before furnishing a report to the Minister for the purposes of subsection (6), consult with an actuary. (8) In this section, period in relation to which this section applies means the period that commenced on 1 January 1970, and ends on 30 June 1972, the period of five years commencing on 1 July 1972 and each subsequent period of five years.