South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 9 : Appointments, Terms and Conditions of Service and Termination of Service45. Retirement |
| (1) |
| (a) | Subject to subsection (7), a member may retire from the Service, and shall be so retired on the date when he or she attains the age of 60 years. |
| (b) | If a member attains the age of 60 years after the first day of the month, he or she shall be deemed to have attained it on the first day of the following month. |
| (2) | A member who is at least 50 years of age may, at any time before attaining the age of 60 years, give written notification to the Minister of his or her wish to retire from the Service, and shall be allowed so to retire if a sufficient reason therefor exists and the retirement will be to the advantage of the Service. |
| (3) |
| (a) | Subject to paragraph (b), a member who in terms of section 212(7)(b) of the Constitution or any other law has the right to retire at an earlier age than that contemplated in subsection (1)(a), shall give written notification to the National Commissioner of his or her wish to be so retired and he or she shall— |
| (i) | if that notification is given to the National Commissioner at least three calendar months prior to the date on which he or she attains the retirement age applicable to him or her, be so retired on the date on which he or she attains that age or, if he or she attains it after the first day of the month, on the first day of the following month; or |
| (ii) | If that notification is not given to the National Commissioner at least three calendar months prior to the date on which he or she attains the said age, be so retired on the first day of the fourth month after the month in which the notification is received. |
| (b) |
| (i) | Subject to subsection (4), the National or Provincial Commissioner shall give written notification of his or her wish to be retired from the Service at least six calendar months prior to the date on which he or she attains the retirement age applicable to him or her, and if he or she has so given notification, paragraph (a)(i) shall apply mutatis mutandis. |
| (ii) | If the National or Provincial Commissioner has not given written notification at least six calendar months prior to the date on which he or she attains the said age, he or she shall be so retired on the first day of the seventh month following the month in which that notification is received. |
| (4) | Notwithstanding the provisions of this section, the National or Provincial Commissioner may retire from the Service and he or she shall be so retired at the expiry of the term contemplated in section 7, or any extended term contemplated in that section, as the case may be, and he or she shall be deemed to have been so retired in terms of section 35(a). |
| (5) | Subject to subsections (1) and (3)(b)— |
| (a) | the President may at the request of the National Commissioner allow him or her to retire from the Service before the expiry of the term contemplated in section 7 or any extended term contemplated in that section if a reason exists which the President deems sufficient; and |
| (b) | the National Commissioner may at the request of the Provincial Commissioner allow him or her to retire from the Service before the expiry of the term contemplated in section 7 or any extended term contemplated in that section if a reason exists which the National Commissioner deems sufficient. |
| (6) | If the National or Provincial Commissioner is allowed to retire under subsection (5), he or she shall be deemed to have been retired in terms of subsection (2), and shall be entitled to such pension as he or she would have been entitled to if he or she had retired from the Service under the latter subsection. |
| (7) |
| (a) | Notwithstanding the provisions of subsection (1)(a), a member may be retained, with his or her consent, in his or her post beyond the age of 60 years with the approval of the Minister or member of the Executive Council for further periods which shall not, except with the approval by resolution of Parliament, exceed the aggregate of five years. |
| (b) | a member shall only be retained under paragraph (a) if it is— |
| (i) | reasonable; and |
| (ii) | in the interest of the Service; or |
| (iii) | generally in the public interest. |
| (8) | Pension benefits shall be paid to a retired member by the institution responsible for the administration of the pension fund to which that member was a contributor, subject to any law regulating the payment of such benefits. |
| (9) | A benefit payable by the Service in terms of any law shall be paid to the person entitled to such benefit within a period of 90 days after the date on which the National Commissioner received the written notification of such member's termination of service, for any reason, in such a form and with such documents as the National Commissioner may determine for the purposes of this section or, if he or she receives such notification and documents 90 days before the date on which a benefit is payable to the person concerned in terms of such law, on the date on which such benefit is so payable. |
| (10) | Nothing in this section contained shall be construed as derogating from section 212(7) of the Constitution. |