48BPension not payable in certain circumstances

#### 48B Pension not payable in certain circumstances (1) Where: (a) within three years after the obligation of a contributor to contribute to the Fund under Part III came into existence, the contributor dies or is retired on the ground of invalidity or physical or mental incapacity to perform his duties; (b) the Board is satisfied that the death, invalidity or incapacity was caused, or substantially contributed to, by a physical or mental condition that, to the knowledge of the contributor, existed at the time when he underwent the medical examination referred to in subsection (1) or subsection (2) of section 5 or subsection (2) of section 79; and (c) the contributor did not disclose the existence of the condition to the person who made the examination or made or furnished a false or misleading statement to that person in respect of the condition; pension is not payable to or in respect of the contributor but there is payable to him or to his personal representatives, as the case may be, an amount equal to the amount of the contributions paid by him under this Act. (2) Where a contributor is a prescribed employee within the meaning of Part VIIA, subsection (1) applies to and in relation to the contributor as if: (a) the reference in paragraph (a) of subsection (1) to the period of 3 years after the obligation of a contributor to contribute to the Fund under Part III came into existence were a reference to a period of 3 years after the employee’s obligation to contribute to a State Fund within the meaning of Part VIIA came or last came into existence; and (b) the references in paragraphs (b) and (c) of subsection (1) to the medical examination referred to in subsection (1) or (2) of section 5 were references to the medical examination by virtue of the results of which the employee became or last became a contributor to the State Fund. (3) This section does not apply in respect of a contributor who dies or is retired on or after 1 July 1976. (4) On and after 1 July 1976, the reference in subsection (1) to the Board shall be read as including a reference to the Commissioner for Superannuation.