| (1) | The Electrical Contracting Section (Cape) Provident Fund and the Electrical Contracting Section (Cape) Pension Fund (hereinafter referred to as the “Pension and Provident Funds: or the “Fund”) originally established on 20 March 1997 in terms of Government Notice No. R431 and 3 December 1971 in terms of Government Notice No. R2169 respectively, is hereby continued and shall consist of— |
| (a) | moneys accruing from contributions as prescribed in this Agreement; and |
| (b) | any other sum to which the Fund may be or may become entitled. |
| (2) | The objects of the Fund shall be to provide members with death and retirement benefits. |
| (a) | Electrical assistants, general workers, Elconops 1 and drivers, or persons admitted to membership of the Provident Fund under rule 3 and who continue to be members in terms thereof, under the age of 65 years, who are employed in the Electrical Contracting Section of the Electrical Contracting and Servicing Industry (Cape) shall be members of the Provident Fund. |
| (b) | Master installation electricians, installation electricians, electrical testers for single phase, electricians, artisans, emerging electrical installers, apprentices, Elconops 3 and Elconops 2 or persons admitted to the Pension Fund under rule 3 and who continue to be members in terms thereof, under the age of 65 years, who are employed in the Electrical Contracting Section of the Electrical Industry shall be members of the Pension Fund. |
(4)
| (a) | Each employer shall each week deduct from the wages of his employees who are members of the Pension and the Provident Funds an amount equivalent to 7,5% of the actual wages earned, excluding overtime. To the amount thus deducted the employer shall add an equal amount and forward to the Secretary of the Council, 504 Monte Carlo, Heerengracht, Foreshore, Cape Town, 8001, not later than the 15th day of each month for the month preceding, the total sum together with such form as may be specified by the Management Committee from time to time. |
[Paragraph 4(a) amended by section 5(1) of Government Notice No. R. 710 dated 4 July 2008].
| (b) | For the purposes of this subclause a week shall constitute not less than three shifts actually worked for one employer in the Industry during any one week from Monday to Friday (inclusive). |
| (c) | Contributions to the Pension and/or Provident Funds for any member shall be remitted for a maximum of three weeks during the member’s annual leave period as provided for in clause 16(1) of the Main Agreement. |
| (d) | All contributions received by the Council in terms of this subclause shall be paid to Investec Employee Benefits. |
[Paragraph 4(d) amended by section 5(2) of Government Notice No. R. 710 dated 4 July 2008].
(5)
| (a) | Benefits payable to a member of the Pension and the Provident Funds shall be as specified in the rules. |
| (b) | Any benefits accruing under either the Pension or the Provident Funds shall not be capable of being ceded or pledged: Provided that a member may nevertheless, nominate a beneficiary to receive the proceeds of his policy in the event of his death prior to retirement. |
(6)
| (a) | The Pension and the Provident Funds shall be administered by the Management Committee appointed in terms of subclause (6)(c), in accordance with the rules approved by the Council. Such rules shall not be inconsistent with this agreement or the provisions of the Act and a copy of the rules and any amendments thereto shall be lodged with the Director-General of Labour. |
| (b) | In the event of the dissolution of the Council or in the event of it ceasing to function during the currency of this agreement, the Funds shall continue to be administered by the Management Committee. In the event of the Management Committee being unable or unwilling to perform its duties the Council shall approach the Labour Court in terms of section 59 of the Act as soon as is reasonably practicable after the expiration of the agreement in place at that time. The Management Committee so appointed shall have all the powers vested in the Council for the purposes of this agreement. Payment (if any) for the services rendered by the Management Committee or the liquidators shall form a charge upon the general funds of the Council. |
| (c) | The Council shall appoint the Management Committee from among the representatives of the employers and the employees on the Council or their alternates. |
| (d) | The Management Committee appointed in terms of the preceding subclause shall consist of an equal number of representatives of employers and employees and shall function as the Council may determine. |
| (e) | An alternate may be appointed by the Council for each member of the Management Committee under the same terms and conditions as such member. |
| (f) | The provisions of the Council’s constitution relating to the election of a chairperson and a vice-chairperson, their period of office and the calling and the conduct of meetings of the Council shall mutatis mutandis apply in the case of the Management Committee. |
(7)
| (a) | Subject to the general direction of the Council and to the terms of this clause, the Management Committee shall have full control of the affairs of the Fund and its administration. |
| (b) | The Management Committee shall have power to— |
| (i) | engage staff to assist in the administration of the Fund, and to fix their remuneration and define their duties; |
| (ii) | empower its chairperson and/or vice-chairperson and its secretary or another official to sign conjointly on behalf of the Fund any agreements and contracts which it has approved; |
| (iii) | take steps to enforce payment of contributions of any sum due to the Fund. |
| (8) | The Management Committee shall cause minutes to be kept of proceedings of all meetings and copies of such minutes to be transmitted to the Council. |
