STAATSKOERANT, 16 AUGUSTUS 2004 No.
The Minister of Finance intends tabling the Government Employees Pension LawAmendment Bill, 2004 in Parliament during the current parliamentary term. The Bill is published in accordance with Rule 241(l)(c)of the Rules of the National Assembly.
Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 3September 2004.
The Secretary to Parliament c/o Mr. A Hermans Committee Section Parliament of the RSA
You can contact Mr. A Hermans at: Fax: (021) 403 3349 Tel: (021) 403 3776 E-maii: ahermans@pariiament.gov.za
Words underlined with asolidlineindicateinsertions in existing enactments.
To amend the Government Employees Pension Law,1996, so as to provide for the amendment of errors that occurred the time at of proclamation of the Government Employees Pension Law Proclamation 21 of 1996; to provide for amendments to the benefit structure; and to provide for matters connected therewith.
Amendment of section 1 of Proclamation No. 21 of 1996 1.
thedeletion in subparagraph (i) of.
1994 (Proclama-tion No.
1993 (Act No. 146 of 1993), and all matters dealt with in this Law and the rules contemplated in the Labour Relations Act, 1995 (Act No. 66 of 1995), and specifically excludes non-benefit matters;.
Amendment of section 21 of Proclamation No. 21 of 1996 2.
"(d) any amount, plus interest at theratedetermined by theBoardafter consultation with theactuary, due to the Fund in respect of an amount for 20 which the Fund becomes liable under a guarantee furnished in respect of a member for a loan 'granted by some other person to that member in terms of the rules;".
Amendment of section 22 of Proclamation No. 21 of 1996 3. Section 22 of the Government Employees Pension Law, 1996, is hereby amended "(1) If a gratuity is payable on the death of any member to the dependants of such a member or to his or her estate, that member may, on the [prescribed] applicable form of the Fund and subject to the prescribed conditions, notify the Board of his or her wish that the said gratuity be paid on his or her death tothe beneficiariesmentionedin that form andbedividedamong such beneficiaries in the proportion mentioned in that form.".
Amendment of section 23 of Proclamation No. 21 of 1996 10 4.
Any benefit under this law payable to or received[under this Law] by any member, pensioner or beneficiary whose estateis sequestrated shall 15 not form part of the assets in his or her insolvent estate.
Amendment of section 25 of Proclamation No. 21 of 1996 5.
authorize the payment of any allowance or bonus to any person who is in receipt of an annuity referred toin paragraph (a), inaccordance with such rates or scales, in suchcircumstances, on such conditions and with effect from such date, which may be a date in the past, as the Board may determine, in terms of its pension increase policy..
Amendment of section 26 of Proclamation No. 21 of 1996 6.
"(1) Notwithstanding anything to the contrary in any law contained, a 3!.J benefit payable in terms of thisLawshallbepaid to the member, pensioner or beneficiary entitled to such benefit within a period of 60 days [after the date on which the Board receives a duly completed statement in theprescribed form or, if theBoard receives such statement before thedateonwhichabenefit is payabletothe 40 member or pensioner concerned in terms of this Law, within a period of 60 days after the date on which such benefit is so payable] fromthe benefit becomingpayable to the member, pensioner or beneficiary which 60 days shall be calculated from the day following the date on which the benefit becomes payable: Provided thata benefit shall 45 become payable toa member, pensioner or beneficiary on the last day of service at the employer of the member or pensioner or the death of the pensioner."
"(2)[If a benefit is not paid withintheperiodreferredtoin subsection (l),]Interest shall be paidbytheFund to the member, pensioner or beneficiary on anypart of the amount of the benefit not paid within a period of 60 days referred to in subsection (1) from the date on which the benefit became payable, at the rate prescribed which interest shall be calculated from the day following that date on which the benefit became payable."
"(4) Notwithstanding subsection (2), interestis not payable on funeral benefits.".
Amendment of section 27 of Proclamation No. 21 of 1996 7.
If the membership of a member is for any reason termirlated before he or she attains the age at which he or she would have had the right to retire on pension, the Boardmay at the request or with the consentof the member, if the Board deems it expedient that his or her accrued pension interest in the Fund be retained for him or her declare him or her to be a dormant member of the Fundwith effect from thedate onwhichhisorher membership was so terminated: Provided that his or her membership must be terminated on or before 1 April 2003.
Amendment of section 3QA of ProclamationNo. 21 of 1996 8.
No. 69 of 1996), or Demobilisation Act, 1996 (ActNo. 99 of 1996), other than a benefit received as a shall be reduced in accordance dependant, the benefit payable by the Fund with the rules.
This amendment has retrospective effect to 31 March 2004.
This Act is called the Government Employees Pension Law Amendment Act, 2004.
STAATSKOERANT, 16 2004 No.
The purpose of the Government Employees Pension Law Amendment Hill is to make provision for the amendment of errors that occurred at the time of Proclamation of the GovernmentEmployeesPension Law, Proclamation21 of 1996 (the Law) and to provide for amendments to the benefit structure negotiated in the Public Service CoordinatingBargainingCouncil(hereinafter referred toasPSCBC) reflected in PSCBC Resolution No's 13-of 2002 and 7 of 2003).
The proposed amendments ensurealignment of the Law with the amended rules reflected in PSCBC Resolution No's 12 of 2002 and 7 of 2003 that were concluded in the PSCBC during November 2002 and November 2003, respectively.
The Bill has no financial implications for the State.
The Department of Public Service and Administration, in cooperation with the Government Employees Pension Fund, will communicate the content of the changes brought about by the Bill to the members of the Fund.
The Bill has no constitutional implications.
The amendments are in accordance with PSCBC Resolution Nos 12 of 2002 and 7 of 2003 negotiated in the PSCBC.
The Department and the State Law Advisers are of the view that this Bill must be considered in terms of the procedure set out in section 75 of the Constitution since it does not contain any provision to which the procedure set out in section 74 or 76 of the Constitution applies.