Government Employees Pension Law, 1996Schedule 1 : Rules of the Government Employees Pension Fund1. Definitions |
In the rules words that are defined in the Law, but not defined in this rule, shall have the meaning assigned to them by the Law, and, unless the context otherwise indicates, words indicating the singular include the plural and conversely and also, unless the context otherwise indicates, the words hereunder shall have the following meaning—
the Government Employees Pension Law, 1996;
an amount representing the value of a member's benefits in the Fund based on his or her pensionable service, calculated in terms of rule 14.4.2;
[Definition inserted by Notice No. 499 of 11 April 1997]
any Fellow of an institute, faculty, society or chapter of actuaries approved by the Minister, appointed as the actuary of the Fund in terms of rule 4.8;
an appropriate written agreement concluded in negotiations between the employer and employee organisations;
a register referred to in section 16(3) of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993);
[Definition inserted by Notice No. 423 of 31 March 2004]
the Department of Correctional Services established in terms of section 2 of the Correctional Services Act, 1959 (Act No. 8 of 1959);
a factor less than 1, determined by subtracting a number calculated in accordance with the undermentioned table from 10 000 and dividing the result by 10 000:
Table
Completed months of pensionable service |
Calculation of number |
0 to 36 |
0 |
37 to 120 |
0 plus 26 for each completed month of such service in excess of 36 months; |
121 to 240 |
2 184 plus 17 for each completed month of such service in excess of 120 months; |
241 to 360 |
4 224 plus 11 for each completed month of such service in excess of 240 months; |
361 to 480 |
5 544 plus 7 for each completed month of such service in excess of 360 months; |
481 and over |
6 384 plus 5 for each completed month of such service in excess of 480 months; |
[Definition inserted by Notice No. 499 of 11 April 1997]
in relation to a member means, in respect of a member who divorced prior to 1 August 2019 and whose former spouse was paid a portion of the member’s pension interest and which member notified the Fund in the prescribed period that he or she still wishes the divorce debt approach to be applied to him or her, an amount equivalent to the amount of the pension interest assigned to the member's former spouse in terms of a divorce order or decree of dissolution of marriage accumulated from the date of payment to the former spouse to the date on which a benefit is paid to the member in terms of the rules together with the interest from the date of payment to the former spouse at the rate or rates determined from time to time by the Board as the rate or rates of interest payable in respect of monies owed to the Fund, adjusted by any amounts repaid to the Fund by the member to reduce this divorce debt;
[Definition substituted by rule 1 of Notice 399 of 2019, GG 42603, dated 31 July 2019]
"eligible child"
means the natural or adopted (as meant in the Child Care Act 74 of 1983 as amended) child of a member or pensioner or a deceased member or pensioner who:
| (a) | is alive and under the age of 18; or |
| (b) | is under the age of 22 and is in the opinion of the Board a full time student; or |
| (c) | is a child over the age of 18 and who, in the opinion of the Board, is disabled and was factually dependent on the member or pensioner immediately before the death of such member or pensioner. |
[Definition inserted by Notice No. 1073 of 8 August 2003]
"education service"
the teachers or other persons as defined in the Educators' Employment Act performing education functions at a state educational institution, which is an institution (including an office controlling such institution), other than a university or technikon, that is wholly or partially funded by the State and in regard to which the remuneration and service conditions of such teachers or other persons performing education functions are determined by or in terms of a law;
| (a) | an admitted employee organisation referred to in section 1 of the Public Service Labour Relations Act, 1994; |
| (b) | an admitted employee organisation referred to in section 1 of the Education Labour Relations Act, 1993; |
| (c) | an employee organisation or other employee structure formed by personnel appointed in terms of the Intelligence Services Act, 1994 (Act No. 38 of 1994) the Defence Act, 1957 (Act No. 44 of 1957) and the South African Police Service Act, 1995 (Act No. 68 of 1995) and which has for negotiation purposes been accepted by the employer; |
a member's average pensionable emoluments during the last 24 months of his or her pensionable service, or during the whole period of such service, whichever period is the shorter;
[Definition substituted by Notice No. 499 of 11 April 1997]
the first day of April of a year up to the last day of March of the ensuing year;
compounded interest at a rate as determined from time to time by the Board after consultation with the Actuary: Provided that different rates may be determined in respect of different rules;
the period between the date on which a former member of a non-statutory force or service joined his or her respective former forces or services (as reflected on his or her service certificate) and the date of their taking up employment, or entering into an agreement with or their attestation into the employer, provided that such service will only be recognised for the period after the former member of a non-statutory force or service attained the age of sixteen years, so that service prior to the age of sixteen years will not be regarded as NSF Service. In the case of a beneficiary of a former member of a non-statutory force or service, NSF Service means the period of NSF Service of the former member of a non-statutory force or service through whom the beneficiary is entitled to a benefit in terms of the Fund;
[Definition inserted by Notice No. 423 of 31 March 2004]
means an eligible child of whom both parents, natural or adopted, are deceased;
[Definition inserted by Notice No. 1073 of 8 August 2003]
the basic annual salary of a member and any other emoluments to be recognised as pensionable emoluments, after an agreement has been reached between the employer and employee organisations taking into account the actuary's report on the financial implications regarding the inclusion thereof as pensionable emoluments;
the earliest date on which a member is entitled to retire in terms of section 19 of the Law with normal retirement benefits, i e without the application of an early retirement adjustment factor as envisaged in rule 14.3.3(b): Provided that for the purpose of section 19(b) of the Law, it shall be the date when such member attains the age of 60 years;
[Definition substituted by Notice No. 499 of 11 April 1997]
subject to the provisions of rules 9 to 12—
| (a) | in respect of a member who was a member of the Government Service Pension Fund or the Temporary Employees Pension Fund immediately prior to the fixed date, the period of time which was recognised as pensionable service of the member under the Government Service Pension Act or the Temporary Employees Pension Act in respect of which no benefit was paid out of the Fund; |
| (b) | continuous service of a member on or after the fixed date in respect of which such a member contributes or contributed to the Fund or was liable to contribute to the Fund, and in respect of which no benefit has been paid out of the Fund under the rules; and |
| (c) | any other period which is recognised or allowed in terms of the rules as pensionable service of a member: |
Provided that a period of pensionable service shall be calculated by the year and any portion of a year shall be determined according to the proportion which the number of days in that portion of a year bears to 365 days or to 366 days in any leap year, whichever is applicable;
[Definition substituted by Notice No. 1073 of 8 August 2003]
means a list referred to in the proviso to section 224(2) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) as amended by item 3 of Annexure D of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
[Definition inserted by Notice No. 423 of 31 March 2004]
the Minister or the relevant employee organisations, as the case may be, who designate the trustees;
the Public Service Act, 1994;
the Minister: Provided that for the purposes of rules 4.2.2 and 4.2.3, it shall mean the Minister in consultation with the Ministers responsible for public service and Administration, Education, the South African National Defence Force, the South African Police Service and the State Security Agency;
[Definition substituted by section 1 of Notice No. 1434, GG47534, dated 18 November 2022]
is the official document issued by the relevant non-statutory force or service which contains sufficient information, in the opinion of the Board, as proof of the member's period of service in such force or service;
[Definition inserted by Notice No. 423 of 31 March 2004]
the South African National Defence Force, South African Police Service and State Security Agency as described in section 1 of the Law;
[Definition substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
shall mean the following for the purpose of eligibility to benefits:
A person who is—
| • | a lawful husband or wife; or |
| • | a life partner (including same sex life partner); or |
| • | a husband or wife in terms of the Recognition of Customary Marriages Act, 1998 or the tenets of any religion, of the member or pensioner at the date of the member's or pensioner's death: |
Provided that a member or pensioner—
| (a) | should register with the Fund his or her spouse; |
| (b) | should register with the Fund all spouses in terms of the Recognition of Customary Marriages Act, 1998 or the tenets of any religion; |
| (c) | who has (a) spouse(s) in terms of the Recognition of Customary Marriages Act, 1998 or the Marriages Act, 1961, or the tenets of any religion may not register a life partner with the Fund; |
Provided further that registration of a person as a spouse will be prima facie proof of being a spouse: Provided further that a person who is not registered as a spouse may provide proof to the satisfaction of the Board that he or she is a spouse.
[Definition substituted by Notice No. 1073 of 8 August 2003]
for purposes of the Annexure to the rules shall mean a transfer benefit to an approved retirement fund payable in terms of the provisions of the Annexure equal to the aggregate of—
| (i) | a gratuity calculated at 7,5% of the member's final salary multiplied with the period of his or her pensionable service, and increased by ten percentage points for each full year of pensionable service between 5 and 15 years of pensionable service, which amount shall become an entitlement of the member on the condition that he or she deposits the amount into the approved retirement fund immediately upon becoming entitled thereto; and |
| (ii) | the difference between the member's actuarial interest in the Fund and the amount referred to in paragraph (i), if any; |
subject to such transfer being subject to the rules of the approved retirement fund specifying that, with reference to the transfer benefit, any subsequent lump sum benefit payable by that fund or any successor fund to the member and/or his beneficiaries shall be limited to one third of the said transfer benefit, with interest. The balance of the member's transfer benefit with interest, after deduction of any lump sum payment referred to above, shall be applied for the purchase of an annuity, albeit immediately or upon the member's ultimate retirement.
[Definition inserted by Notice No. 1073 of 8 August 2003]
the Board of Trustees;
a person designated in terms of rule 4.1.2 and 4.1.4;
the period between the date on which a member ceases or would cease to be a member of the Fund and the date he or she would have attained the age of 60 years, or 65 years in the case of a member who holds an office referred to in rule 14.2.3(b)(iii)(BB) at the commencement date and who vacates such office at the end of such term of office;
[Definition substituted by Notice No. 499 of 11 April 1997]