Government Employees Pension Law, 1996

Annexure 1 : Government Employees Pension Law, 1996

32. Withdrawal from the Fund

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(1)This Act shall not preclude the establishment by an Act of Parliament of a separate fund for a sector or part of a sector of the Public Service as contemplated in section 8(1)(a) of the Public Service Act, 1994 (Proclamation 103 of 1994).

 

(2)Subject to the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) the creation of such a separate fund shall be subject to agreement between the employer and the employee organisations representing such a sector or part of a sector of the Public Service after negotiations in accordance with the labour relations laws or other arrangements applying to such a sector.

 

(3)Appropriate financial arrangements regarding the transfer of liabilities and assets from the Fund to such a separate fund referred to in subsection (2) shall be approved by the Minister with the concurrence of the Board: Provided that such arrangements shall not have a detrimental effect on the financial position of the Fund.

 

(4)This Law shall not prohibit the South African Police Service from providing for pensions for its former members by an Act of Parliament in accordance with section 214(2)(b)(iv) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).