Government Employees Pension Law, 1996Schedule 1 : Rules of the Government Employees Pension Fund15. Compensation of members for injuries on duty |
| 15.1 | If a member is retired or discharged as a result of a reason mentioned in rule 14.1.1(f) there shall be paid to him or her out of the Fund a gratuity calculated in accordance with formula A or B set out in rule 15.8 whichever one of such formulas shall be more beneficial for such member. |
[Rule 15.1 substituted by Notice No. 1073 of 8 August 2003]
| 15.2 | If a member is thus retired or discharged and the percentage of his disablement is more than 30 per cent, there shall be paid to him or her, out of the Fund, in addition to the gratuity which is paid to him or her in terms of rule 15.1 an annuity calculated in accordance with formula C or D set out in rule 15.8 whichever one of such formulas shall be more beneficial for such member. |
[Rule 15.2 substituted by Notice No. 1073 of 8 August 2003]
| 15.3 | Any gratuity or annuity payable in terms of rule 15.1 or 15.2 shall be reduced by the amount by which a gratuity or annuity payable from the Fund is increased in terms of rule 14.1.2 or, 14.2.4. |
[Rule 15.2 substituted by Notice No. 1073 of 8 August 2003]
| 15.4 | If a member dies as a result of injury or ill-health not occasioned by his or her own fault, arising out of and in the course of his or her employment, before a gratuity or an annuity has been paid to him or her in terms of rule 15.1 or 15.2 there shall be paid to his or her beneficiaries, an amount out of the Fund, which is equal to the gratuity and five times the annuity which would have been payable to such member in terms of rule 15.1 or 15.2 if he or she had not died in that manner. |
| 15.5 | If a member to whom an annuity has been awarded in terms of rule 15.2 dies within a period of five years after the said annuity has been awarded to him or her, there shall be paid to his or her beneficiaries, an amount out of the Fund, which is equal to the total of the annuity which would have been paid to him or her during the period from the first day of the month which follows immediately on the date of his or her death up to and including the last day of the month in which the said period of five years expires, if he or she had not died. |
| 15.6 | If any gratuity referred to in rule 15.4 or 15.5 is payable to two or more beneficiaries, such gratuity shall be paid to such beneficiaries in such proportions as the Board may determine. |
[Rule 15.6 substituted by Notice No. 1073 of 8 August 2003]
| 15.7 | The Government shall compensate the Fund for any benefit payable in terms of this rule. |
| 15.8 | For the purpose of this rule, unless the context indicates otherwise— |
"average salary",
means the average annual salary or wages of the member concerned which is taken into account for determining the benefit which is payable in terms of the rules on his or her death, retirement or discharge;
"Compensation Commissioner",
means the Compensation Commissioner appointed under section 2 of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
"disablement",
means disablement as determined by the Compensation Commissioner in terms of the Compensation for Occupational Injuries and Diseases Act, 1993;
"formula A",
relation to a matter to be calculated in accordance with formula A, means—
E x F x G
in which—
factor E is equal to 6,72 per cent;
factor F is the average salary of the member concerned;
factor G is equal to 5;
"formula B",
in relation to a matter to be calculated in accordance with formula B, means—
E x F x H x J
in which —
factor H is the period which follows immediately on the date of the retirement or discharge or death of the member concerned up to and including the last day of the month on which or in which he or she, if he or she is or was then alive, shall attain the age of 65 years;
factor J is the percentage of disablement of the member concerned; and
factors E and F, respectively have the same meaning as factors E and F in the definition of formula A;
"formula C",
in relation to a matter to be calculated in accordance with formula C, means—
F x G x K
in which—
factor K is equal to one fifty-fifth; and
factors F and G respectively have the same meaning as factors F and G in the definition of formula A;
"formula D",
in relation to a matter to be calculated in accordance with formula D, means—
F x H x J x K
in which—
factors F, H, J and K respectively have the same meaning as factors F, H, J and K in the definition of formulas A, B and C;