Labour Relations Act, 1995 (Act No. 66 of 1995)Bargaining Council for the South African Road Passenger (SARPBAC)Rules Retirement Fund (Provident)Rule B 2 - General Provisions Concerning Benefits |
B 2.1 NET EMPLOYER CONTRIBUTIONS ACCOUNT
| B 2.1.1 | A NET EMPLOYER CONTRIBUTIONS ACCOUNT will be held in respect of each MEMBER and will contain the contributions paid in terms of Rules A 2.2, together with the investment returns credited to such contributions as described hereunder. |
B 2.1.2 Subject to Rule B 2.3, the NET EMPLOYER CONTRIBUTIONS ACCOUNT is equal to:
| B 2.1.2.1 | the balance in the NET EMPLOYER CONTRIBUTIONS ACCOUNT at the most recent ANNIVERSARY DATE, plus |
| B 2.1.2.2 | NET EMPLOYER CONTRIBUTIONS since the ANNIVERSARY DATE (if any) made in terms of Rule A 2.2; plus |
| B 2.1.2.3 | interest as declared by the BOARD OF TRUSTEES. |
B 2.2 MEMBER'S ADDITIONAL CONTRIBUTIONS ACCOUNT
| B 2.2.1 | The ADMINISTRATOR shall maintain a MEMBER'S ADDITIONAL CONTRIBUTIONS ACCOUNT for each MEMBER who has made contributions in terms of Rule A2.3. This account will contain the contributions paid in terms of Rules A 2.3 together with the investment returns credited to such contributions as described hereunder. |
B 2.2.2 Subject to Rule B 2.3, the amount in the MEMBER'S ADDITIONAL CONTRIBUTIONS ACCOUNT will be:
| B 2.2.2.1 | the balance in the MEMBER'S ADDITIONAL CONTRIBUTIONS ACCOUNT at the most recent ANNIVERSARY DATE; plus |
| B 2.2.2.2 | contributions made in terms of Rule A 2.3 since the ANNIVERSARY DATE; plus |
| B 2.2.2.3 | interest as declared by the BOARD OF TRUSTEES. |
B 2.3 Account Balances
B 2.3.1 The sum of the balances in the:
| B 2.3.1.2 | NET EMPLOYER CONTRIBUTIONS ACCOUNTS; |
plus
| B 2.3.1.3 | MEMBER'S ACCOUNTS ADDITIONAL CONTRIBUTIONS |
shall, notwithstanding anything to the contrary contained in these RULES, not exceed the value of the assets of this FUND. The balances in each of the said accounts will , be adjusted proportionally to achieve equality between the said amounts at any time but at least at each ANNIVERSARY DATE.
| B 2.3.2 | Notwithstanding anything to the contrary contained in these RULES, a MEMBER'S benefit under the FUND at any time, excluding the GROUP INSURANCE BENEFITS specified in the SCHEDULE, is limited to the MEMBER'S SHARE. |
B 2.4 Payments by the INSURER and FUND
All amounts which are payable by the INSURER in terms of the POLICIES are paid, subject to Rule B 2.5, to the FUND. The FUND shall effect payment, according to the instructions of the BOARD OF TRUSTEES, directly to the persons entitled thereto in terms of these RULES. This procedure, as well as the other provisions of this Rule 8 2, is subject to such alternative procedures for the payment of benefits as may be agreed on from time to time by the FUND, subject to the provisions of the ACT.
B 2.5 lnsurance of benefits and liability
| B 2.5.1 | In terms of Rule B 1.3.3, the FUND is required to effect group POLICIES in respect of all the benefits set out in these RULES. In respect of the GROUP INSURANCE BENEFITS specified in the SCHEDULE, the application of the said Rule in respect of each MEMBER is subject to the INSURER accepting such insurance in terms of the POLICY issued to the FUND, and subject to the FUND paying the required premium to the INSURER. |
| B 2.5.2 | The liability of the INSURER is determined exclusively by the conditions of the POLICIES and, subject to the provisions of the POLICIES, the INSURER is not bound by these RULES or by any amendments thereto. |
| B 2.5.3 | The liability of the FUND in respect of the payment of GROUP INSURANCE BENEFITS in terms of these RULES shall not be greater than the liability assumed by the INSURER. |
B 2.6 Proof of age
Proof of the age of a MEMBER shall be required before any benefit in respect of such MEMBER is paid and shall be submitted by the MEMBER on entry to the FUND.
B 2.7 Payment of benefits
| B 2.7.1 | The FUND shall pay the benefits that become payable in terms of these RULES in respect of any person, to such person if he is still alive. |
| B 2.7.2 | Where the death benefit in terms of Rule A 5 is due and the benefit is not payable to a specific DEPENDANT in terms of these RULES, the FUND shall effect payment in terms of Section 37C of the ACT. |
B 2.7.3 Should a MEMBER die after the date of accrual of his:
| (i) | withdrawal benefit in terms of Rule A 3; or |
| (ii) | retirement benefit in terms of Rule A 4; |
but prior to the payment of such benefit, the FUND shall effect payment of the benefit to the deceased MEMBER'S estate.
Notwithstanding the above, the executor of the deceased MEMBER'S estate may advise the FUND to pay such benefit as instructed by the MEMBER at the accrual date of the benefit (where applicable).
B 2.8 Deduction from benefits
| B 2.8.1 | Notwithstanding anything to the contrary contained in these RULES, the FUND may deduct an amount as permitted in terms of Section 37D of the ACT from: |
| (i) | benefits which are payable according to the RULES; and |
| (ii) | the MEMBER'S SHARE |
Such amounts will be paid to the persons to whom or bodies to which they are due, provided that a claim has been lodged in writing with the ADMINISTRATOR before the benefit has been processed and paid.
| B 2.8.2 | Where a benefit becomes payable in terms of these RULES, the BOARD OF TRUSTEES may, if necessary, appoint tracing agents to locate the MEMBER or the deceased MEMBER'S DEPENDANT(S) and/or such other person(s) entitled thereto (as the case may be). The costs incurred in tracing such MEMBER, DEPENDANT(S) and/or such other person(s) will be deducted from the said benefit before payment is made in terms of Rule B 2.7. |
B 2.8.3 Any other administrative costs arising, other than:
| (i) | the agreed upon administration fee that is payable to the ADMINISTRATOR to administer the FUND; and |
| (ii) | the costs set out in Rule B 2.8.2 above, |
will be applied to the effected group of MEMBERS and deducted from their MEMBERS' SHARES.
B 2.9 Benefits inalienable
Save to the extent permitted by the ACT, the Income Tax Act and the Maintenance Act, no MEMBER or DEPENDANT has the right to transfer, cede, pledge or hypothecate any benefit available in terms of these RULES. Such benefit and any contributions made by or in respect of the MEMBER are safeguarded against any form of confiscation under a judgement or order of a court of law, and do not vest in the estate of the MEMBER or DEPENDANT on insolvency or assignment.
B 2.10 Transfer of benefits from or to other funds
In collaboration with the MEMBER and other funds and subject to the requirements of the ACT and the COMMISSIONER, the FUND is empowered to:
| B 2.10.1 | receive transfers of benefits from: |
| (i) | APPROVED PENSION FUNDS; |
| (ii) | APPROVED PROVIDENT FUNDS; and |
| (iii) | APPROVED PRESERVATION PROVIDENT FUNDS, |
| B 2.10.2 | and effect transfers of benefits to: |
| (i) | APPROVED PENSION FUNDS; |
| (ii) | APPROVED PROVIDENT FUNDS; |
| (iii) | APPROVED RETIREMENT ANNUITY FUND; |
| (iv) | APPROVED PRESERVATION PROVIDENT FUND, provided a MEMBER'S benefit may not be split between more than one APPROVED PRESERVATION, PROVIDENT FUND; or |
| (v) | APPROVED PRESERVATION PENSION FUND, provided a MEMBER'S benefit may not be split between more than one APPROVED PRESERVATION PENSION FUND, |
on such conditions as the FUND, in consultation with the ADMINISTRATOR, may lay down.
The FUND is also empowered to effect transfers to APPROVED UNCLAIMED BENEFIT PROVIDENT PRESERVATION FUNDS, subject to the requirements of the ACT and the COMMISSIONER, on such conditions as the FUND, in consultation with the ADMINISTRATOR, may lay down.
Where transfers are received from other funds, such transfers are subject to the provisions of these RULES, unless otherwise agreed on by the parties concerned.
| B 2.11 | Greater benefits |
Subject to any conditions that the ADMINISTRATOR and the FUND may impose, and subject to the approval of the COMMISSIONER, the EMPLOYER has the right to instruct the FUND to allocate greater benefits than those provided for in these RULES. The cost of any greater benefit shall be borne by the EMPLOYER.
| B 2.12 | Actuarial investigation |
In order for the FUND to apply for continued exemption from the requirement to appoint a VALUATOR and submit triennial actuarial valuations in terms of sections 9A and 16 of the ACT, the BOARD OF TRUSTEES shall adhere to the REGISTRARs' requirements in this regard.
| B 2.13 | Financial statements |
The BOARD OF TRUSTEES shall submit the financial statements prescribed by section 15 of the ACT within 6 months of the end of every FINANCIAL YEAR to the REGISTRAR.
| B 2.14 | Accounts |
| B 2.14.1 | All money received on account of the FUND must be paid into a banking account opened in the name of the FUND. |
| B 2.14.2 | The BOARD OF TRUSTEES will cause full and true accounts of the FUND to be kept, such accounts to be made up as at the end of each FINANCIAL YEAR, be audited by the AUDITOR and submitted to the REGISTRAR. |