16ABCondition coming into existence after person became eligible employee

#### 16AB Condition coming into existence after person became eligible employee (1) This section applies where a benefit classification certificate (whether issued before or after the commencement of this section): (a) is in force in respect of a person (in this section called the employee) who is an eligible employee; or (b) was in force in respect of a person (in this section also called the employee) immediately before: (i) the annual rate of salary of the employee decreased, at or after that commencement, under such circumstances that CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity; or (ii) the employee ceased, at or after that commencement, to be an eligible employee. (2) A person, being: (a) the employee or a person acting on his or her behalf; or (b) if the employee is dead: (i) a spouse or child of the employee who is entitled to benefits under Part VI; or (ii) a person acting on behalf of such a spouse or child; may apply to CSC for the certificate to be revoked under this section. (3) If an application is made under subsection (2) and the employee is living, CSC may, for the purposes of the application, require him or her to undergo within a specified period such medical examination or examinations by an approved medical practitioner or practitioners as CSC determines. (4) A report or reports of the result or results of a medical examination or medical examinations under subsection (3) is to be given to CSC. (5) On an application under subsection (2), CSC must consider each report (if any) given to CSC under subsection (4), and such other matters (if any) as it thinks relevant, and must: (a) if it is satisfied that a physical or mental condition or conditions specified in the certificate came into existence after the relevant time: (i) if the certificate specifies no other physical or mental condition—revoke the certificate; or (ii) otherwise—revoke the certificate and issue in substitution for it a new benefit classification certificate that does not specify the first‑mentioned condition or conditions but specifies the other condition or conditions specified in the revoked certificate; or (b) otherwise—refuse the application. (6) For the purposes of paragraph (5)(a), the relevant time is the time when the employee: (a) if he or she became an eligible employee because of paragraph (a) of the definition of eligible employee in subsection 3(1)—became an employee for the purposes of the superseded Act; or (b) otherwise—became an eligible employee. (7) Except for the purposes of this section, a certificate revoked under subsection (5) is taken never to have been issued. (8) A certificate issued under subsection (5) in substitution for a revoked certificate is taken to have been issued on the day on which, and under the provision under which, the revoked certificate was issued. (9) Subsections (5), (7) and (8) have effect even if the certificate referred to in subsection (1) had previously been revoked, in which case: (a) a certificate issued under subsection (5) in substitution for the first‑mentioned certificate is taken to have been revoked at the time of the previous revocation; and (b) a certificate that was previously issued in substitution for the first‑mentioned certificate is taken to have been issued in substitution for the certificate (if any) issued under subsection (5).