79Contributors to Provident Account

#### 79 Contributors to Provident Account (1) The following persons shall be contributors to the Provident Account: (a) employees who, by reason of the operation of section 5 or section 119M, are accepted as contributors to the Provident Account; and (b) employees who elect under section 81 to contribute to the Provident Account. (2) Where: (a) a person who has become a contributor to the Provident Account otherwise than by virtue of section 81 applies to the Board to be allowed to contribute to the Fund under Part III; (b) the person has undergone a medical examination by a legally qualified medical practitioner approved by the Board and a report of the result of the examination has been furnished by the medical practitioner to the Board; and (c) the Board is satisfied, after considering the report of the medical practitioner, that the health and physical fitness of the person are such as to justify his being accepted as a contributor to the Fund under Part III; the Board may allow him to contribute to the Fund under Part III. (3) Where, in pursuance of subsection (2), the Board decides to allow a contributor to the Provident Account to contribute to the Fund under Part III: (a) he shall, as from the date of the decision of the Board, make no further contributions to the Provident Account, and he ceases to be entitled to any benefit (not being a refund of contributions) that would otherwise be payable from the Provident Account; (b) he is entitled to a refund of the contributions paid to the Provident Account, together with compound interest on those contributions at the prescribed rate; and (c) subject to Division 2 of Part XA, he shall contribute to the Fund under Part III as from the date of the decision of the Board or, if that date is not a pay‑day, the next succeeding pay‑day. (4) The Board shall not exercise its powers under subsection (2) in relation to a person who is a contributor to the Provident Account except in pursuance of an application made by the person before 13 February 1976. (5) Where, on or after 13 February 1976 but before 30 April 1976, a person who is a contributor to the Provident Account makes application to the Board for the Board to exercise its powers in relation to him under subsection (2) and the application arose out of or is otherwise related to a communication made to the Board by the person before 13 February 1976, the Board may, for the purposes of subsection (4), treat the application as having been made before that last‑mentioned date. (6) Where an application made to the Board under subsection (2) has not been determined by the Board before 1 July 1976, the Commissioner for Superannuation may exercise the powers of the Board under this section in relation to the application. (7) Where, after the pay‑day last preceding 1 July 1976, the Board or the Commissioner for Superannuation decides, under subsection (2), to allow a contributor to the Provident Account to contribute to the Fund under Part III, the decision shall be deemed to have been made on that pay‑day.