Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of National Pension and Provident Funds Collective Agreement to Non-parties

9. Pension Fund (Region C only)
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(1)

(a) The Electrical Industry KwaZulu Natal Pension Fund and the Supplementary Scheme (hereinafter referred to as the "Pension Fund" or the "Fund"), originally established in terms of Government Notice No. R.2043 of 13 October 1978, are hereby continued. The Pension Fund has been constituted from the amalgamation of the former Electrical Industry (KwaZulu Natal) Pension Fund and the Supplementary Scheme and further established under Government Notice R.1407 of 6 November 1998, and known as the Electrical Industry KwaZulu-Natal Pension Fund (hereinafter referred to as the "Fund") is hereby continued and shall consist of;
(b) moneys accruing from contributions prescribed in sub-clause (4) of this Part; and
(c) any other sum to which the Pension Fund may be or may become entitled.

 

(2)The objects of the Fund shall be to provide members with benefits upon withdrawal, death, funeral, disability and retirement from the Industry. The Council will ensure that the Fund provides members with these benefits. In the event that any benefit is not provided for by the Fund the Council will secure these benefits. The death benefits will be distributed in terms of Section 37C ofthe PFA.

 

(3)

(a) Membership of the Fund shall be compulsory for all master installation electricians, installation electricians, electrical testers r single phase, electricians, artisans, domestic appliance mechanics, Elconops 3, Elconops 2, Elconops 1,storeman, drivers, electrical assistants, and apprentices.
(i)Membership of the Fund shall be compulsory for all electrical assistants, and Elconops 1 after 13 weeks service in the Industry: Provided that if an employee can supply proof of previous employment in this Industry, contributions to the Fund shall commence from the date of engagement.
(ii)However, during the first 13 weeks service, the employees in terms of sub-clause 3(a)(i) above shall be covered for death benefits, the cost of which shall be borne by the employer.
(b) Any employer may, in respect of his employees employed in the Industry whose wages are not specified in the Main Agreement but who otherwise comply with the provisions of the Agreement, by mutual agreement, apply to the Fund to accept contributions from himself and such employees (or any of them).

Upon receipt of such application, the Council may agree to receive contributions from that employer and the provisions of the Agreement shall thereupon mutatis mutandis apply to the employer and the employee concerned and be observed by them as though clause 1 of Part 1 of the Main Agreement is applicable.

 

(4)

(a) The Council shall determine and advise every employer of the weekly amount payable to the Pension Fund in respect of each category of employee, which amount shall be calculated at the undermentioned percentage of the prescribed wage payable in terms of the Main Agreement, taken to the next higher 10 cents:

 

Contribution at percentage of prescribed weekly wage: 15 %

 

Such contributions shall be calculated based on a working the actual normal hours declared by the employer as per the requirement of the Main Agreement sub-clause (5)(a). Failure by the employer, the contribution rate will be based on a 44-hour week as per Clause 6(b).

 

For the purposes of the clause, a week shall constitute not less than three shifts worked for one employer in the Industry during any one week from Monday to Friday inclusive.

Pension and Provident Fund benefits will be paid for by the Council in terms of its Sick Benefit Fund Rules.

 

In respect of electrical assistants, and Elconops 1 in the first 13 weeks of service in the Industry, the Council shall determine and advise every employer of the weekly amount payable in respect of the death benefit cover.

 

(b)Every employer shall pay the amount determined in terms of sub-clause (a) to the Council in respect of such employees: Provided that the employer may deduct 40 percent of the amount payable from the remuneration of such employees.
(c)The amount payable each month in terms of this clause shall be forwarded to the Regional Manager of the Council, by not later than the 15th day of the month immediately following, together with a statement in such form as may from time to time be specified by the Council.
(d) Contributions to the Pension Fund 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. Provided that if the member has been in service for at least five years with same employer, contributions shall be for a maximum period of four weeks.
(e) Should any amount due in terms of this clause not be received by the Council by the 15th day of the month following the month in respect of which it is payable, the employer shall pay interest on such amount or on such lesser amount as remains unpaid calculated by the funds administrator as prescribed by the Registrar of Pension Funds in terms of Section 13A (7) of the Pension Funds Act, 1956, as amended, until the day upon which payment is actually received by the Council:

 

(5)

(a) Benefits payable to a member of the Pension Fund shall be as specified in the rules of the Fund.
(b) Benefits accruing under the Pension Fund shall not be transferable and may not be ceded or pledged unless the PFA provides for otherwise: Provided that any member may nevertheless nominate a beneficiary to receive the proceeds of his policy in the event of his death prior to retirement.

 

(6)The Pension Fund shall be administered in accordance with the rules of the fund approved by the Trustee Board. This Agreement shall not be inconsistent with the rules or the provisions of the PFA nor shall the Fund rules be inconsistent with the Council's collective agreements in so far as members' terms and conditions of employment are concerned. A copy of the rules and any amendments thereto shalt be lodged with the Registrar of Pensions arid the Registrar of Labour.

 

(7)In the event of the dissolution of the Council or in the event of it being unable to perform its duties, the Registrar may appoint trustees to ensure continuity of the fund.

The trustees so appointed shall have no powers to change members' terms and conditions of employment that existed immediately prior to dissolution of the Council or as a result of it being unable to perform its duties. Payment (if any) for the services rendered by the trustees shall form a charge upon the Fund.

 

(8)In the event of the expiration of Council's Main Collective Agreement and this agreement, the fund shall continue to operate in terms of its rules.