Military Pensions Act, 1976 (Act No. 84 of 1976)

5. Persons entitled to a gratuity
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(1)If any member suffers from a pensionable disability which has in terms of the provisions of this Act been determined at less than 20 per cent, there shall be paid to him such gratuity as the Minister may with the concurrence of the Minister of Finance determine from time to time by notice in the Gazette.

[Section 5(1) substituted by section 3 of Act No. 81 of 1982 (Notice No. 1122, GG 8239, dated 9 June 1982)]

 

(2)If any person to whom a gratuity has been paid in terms of paragraph (a), becomes entitled to a gratuity in terms of paragraph (b) after such payment, the amount of the gratuity which was paid to him in terms of paragraph (a) shall be set off against the amount of the gratuity to which he is entitled in terms of paragraph (b).

 

(3)If a pension is awarded to any member in terms of section 4(a) within a period of 40 months after a gratuity has been paid to him in terms of subsection (1) of this section, any pension or pensions paid to him in terms of paragraph (a) or paragraphs (a) and (b) of section 4 shall be reduced by one fortieth of the amount of the gratuity which was so paid to him up to and including the last day of the fortieth month after the member became entitled to the said gratuity or until the date on which such pension or pensions is or are discontinued, which date is the earlier.

[Section 5(3) substituted by section 7 of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)].