(Registered in terms of the Pension Funds ACT No.
12816669)
(Includes
rule amendment 09/2007)
RULE 1 - ESTABLISHMENT AND OBJECTS OF THE FUND
No security required from BOARD
Investments and registration of assets
Increase/decrease of contributions/
benefits/bonus
Limitation of Disability Benefits
State of health ‑ concealed
information
Contributions – cease at PENSION AGE
Contribution rate ‑ pension
entitlement
Monthly pension payments and guaranteed period
Early retirement within 10 years of PENSION AGE
Disability benefit ‑ payment in form of annuity
Death benefit ‑ payment to
DEPENDANT/s
Death benefit ‑ payment to nominee/s
Death benefit ‑ payment to
DEPENDANT/s and/or nominee/s
Death benefit‑ payment in absence of
DEPENDANT or nominee
Death benefit ‑ payment to Trustee
Changing EMPLOYERS ‑ continued
membership
Retrenchment – within 10 years from PENSION
AGE
Retrenchment ‑ 15 years of CONTRIBUTORY SERVICE within 15 years of
PENSION AGE
Refund of employee contributions
Deferred pension ‑ 15 years of CONTRIBUTORY SERVICE
within 15 years of PENSION AGE
Deferred pension ‑ retirement within 10 years of PENSION AGE
Deferred pension ‑ death benefit payment
Application for a deferred pension
Deferred pension ‑ re‑admission
before PENSION AGE
Continuation membership – death
DEFERRED PENSION – withdrawal from
Rights of termination of service ‑ no
claim for damages
Claim - only in terms of RULES
Rights of any person under these RULES ‑
purely personal
Suspended rights ‑ payment of
benefits
Suspension of rights not applicable if payment of benefits is due
Rights ‑ not an asset in deceased
estate
Discretion of BOARD – payment of benefit
BOARD ‑ decision may be varied
MEMBER's indebtedness to Fund ‑
deduction from benefit
Incorrect age ‑ power of BOARD to make adjustments
BOARD ‑ decision is conclusive
Judgement by BOARD on evidence
BOARD ‑ interpretation of RULES is
final
‑ shall not be to the general disadvantage of MEMBERS and
PENSIONERS
- where Fund no longer capable of meeting benefits provided
Commissioner for Inland Revenue to be notified
Amendments ‑ not permitted if affecting main purpose of the
Fund
Expiry of AGREEMENT ‑ reasons for, and
necessary actions by BOARD
Winding up ‑ appointment of liquidator
Winding up ‑ liquidator's obligations
BOARD ‑ actions to be for the
benefit and protection of MEMBERS and
PENSIONERS only
Provisions of main RULES shall apply except for ‑
Monthly pension payments and period
Actuarially Reduced monthly pension
Actuarially reduced monthly pension death benefits
Ill health withdrawal death benefit
JOURNEYMAN's widow's death benefit
Refund of employee contributions
RULES
(1) There was
established with effect from 28 July
1980 the AUTO WORKERS’ PENSION FUND hereinafter referred to as the “Fund”,
whose object shall be to provide benefits described in Rule 6 hereof.
With
effect from 31 March 2005 the name of the Fund shall be changed to the MOTOR
INDUSTRY PENSION FUND (2005).
(2) The registered office of the Fund shall be
situated in
(3)
The Fund
shall consist of –
(a) contributions
paid to it in terms of the AGREEMENT, as described in Rule 2;
(b) interest and capital gains derived from the
investment of its moneys;
(c) money or other assets transferred to it
from any other APPROVED PENSION FUND, APPROVED PROVIDENT FUND, PRESERVATION
PENSION FUND or PRESERVATION PROVIDENT FUND;
(d) any moneys or other assets lawfully
acquired from any other source whatsoever.
(4) The Fund in
its own name shall be capable of suing and being sued and or purchasing or
otherwise acquiring, holding and alienating property, movable or immovable, or
any interest therein.
(5) For all
purposes, including any legal proceedings for or against the Fund, the Fund shall be represented by
the BOARD.
(6) The BOARD
shall appoint a Principal Officer for the Fund and, if necessary, a secretary and other staff on
such terms and conditions as it may
determine.
(7) If the
Principal Officer is absent from the Republic for more than 30 days, or is for any reason unable to
perform his duties, the BOARD shall
appoint another person to act as Principal Officer for a period of such absence or disability, and shall advise
the Registrar of Pension Funds of the
name of the person so appointed.
In the interpretation of these RULES unless
inconsistent with the context all words and expressions imparting the masculine
gender shall include the feminine, the following words shall have the following
meanings:
"ACT" shall mean the Pension Funds ACT, 1956
(ACT No. 24 of 1956) as amended, and the regulations framed thereunder.
"THE ACTUARY" shall mean such qualified
actuary or actuaries as the BOARD shall from time to time appoint to advise it.
"AGREEMENT" shall mean the current
Industrial Agreement (including any amendments of it) relating specifically to
the Fund, or in the absence of such an AGREEMENT, the last Industrial Agreement
(including any amendments to it) in force relating specifically to the Fund,
entered into between the parties to the Motor Industry Bargaining Council and
approved by the Minister of Labour in terms of the Labour Relations Act.
"APPRENTICE" shall mean an employee serving under
a written contract of apprenticeship registered, or deemed to have been
registered, under the Manpower Training Act, 1981, and includes a minor
employed on probation in terms of the Labour Relations Act.
"AUDITOR"
shall mean an AUDITOR registered under the Public Accountants' and
Auditors' Act, 1991 (as amended).
"BOARD" shall mean the BOARD of Management
which is responsible for the operation of the Fund in terms of these RULES.
"COUNCIL"
shall mean the Motor Industry Bargaining Council registered in terms of
the Labour Relations Act.
"CONTRIBUTORY SERVICE" shall mean continuous
employment of a MEMBER by any EMPLOYER/s during the period in which the MEMBER
and the EMPLOYER/s contribute to the Fund in terms of these RULES. Years of
CONTRIBUTORY SERVICE shall be established by dividing the total number of
contributions paid in terms of the AGREEMENT by 52.
“DEFERRED PENSIONER” shall mean :
(a) a MEMBER
who has elected in terms of Rule 6(9)(d)(i) to receive deferred pension
benefits, including a MEMBER who so elected in terms of the applicable rules of
the Motor Industry Pension Fund and the MISA Pension Fund and who transferred
into the Fund as at 31 December 2004 in terms of Rule 4(6); or
(b) a MEMBER
who in terms of Rule 6(7)(a) of “Annexure 2”to these RULES is entitled to a
pension purchased by his total C contributions, including a MEMBER who was so
entitled in terms of the applicable rules of the Motor Industry Pension Fund
and the MISA Pension Fund and who transferred into the Fund as at 31 December
2004 in terms of Rule 4(6); or
(c) a MEMBER
who elected in terms of sub-rule (1) of “Annexure 3” to these RULES to receive
deferred pension benefits, including a MEMBER who so elected in terms of the
applicable rules of the Motor Industry Pension Fund and the MISA Pension Fund
and who transferred into the Fund as at 31 December 2004 in terms of Rule
4(6); or
(d) a MEMBER
who elected in terms of Rule 8(3) to receive deferred pension benefits.
"DEPENDANT" shall mean ‑
(a) a person in
respect of whom the MEMBER is legally liable for maintenance;
(b) a person in
respect of whom the MEMBER is not legally liable for maintenance, if such a person –
(i) was, in the opinion of the BOARD, upon the
death of the MEMBER in fact dependent on the MEMBER for maintenance;
(ii) was the
SPOUSE of the MEMBER, including a party to a customary union according to Black
law and custom, or to a union
recognised as a marriage under the tenets of any Asiatic religion;
(iii)
was a
child of the member, including a posthumous child, an adopted child and an
illegitimate child;
(c) a person in
respect of whom the MEMBER would have become legally liable for maintenance, had the MEMBER not died.
"EARLY PENSION AGE" ‑ subject to the
provisions of Rule 6(5), shall mean any age between 55 years and 65 years.
However, in respect of MEMBERS who are entitled to
benefits in terms of "ANNEXURE
2" to these RULES, the term shall mean at any age between 60 years and 65
years, at which age the MEMBER elects to make an application fo the Fund for
the pension benefits which have accrued to such a MEMBER as at the date of such
an application.
"EMPLOYER" shall mean the EMPLOYER of a
MEMBER of the Fund.
"EXEMPTION" shall mean an EXEMPTION granted
by the COUNCIL.
"JOURNEYMAN" shall mean an employee who is
validly in possession of either a Grade CA or Grade CAE membership card issued
to him on or after 1 January 1984 by either the Motor Industry Combined
Workers'
"MEMBER"
shall mean any employee contributing to the Fund in terms of the
AGREEMENT; provided however that the BOARD, may, in its discretion, extend the
membership of a MEMBER during periods of temporary unemployment, or during
employment in the MOTOR INDUSTRY in respect of which a MEMBER may be obliged in
terms of the membership provisions of the AGREEMENT to contribute to another
APPROVED PENSION FUND or APPROVED PROVIDENT FUND.
"MOTOR INDUSTRY" shall mean the "MOTOR
INDUSTRY" as defined in the Main AGREEMENT from time to time.
"PENSION AGE" shall mean age 65 years; provided that a DEFERRED PENSIONER may elect
to retire at any time after reaching the PENSION AGE until he reaches age 70
years.
"PENSIONER"
shall mean either :
(a) a MEMBER
who has retired under sub-rule (2) or (5) of Rule 6 or in terms of sub-rule
(1), (5), (6) or (7) of “Annexure 2” to these RULES and who is in receipt of a
pension; or
(b) a PENSIONER
who was a pensioner of the Motor Industry Pension Fund or the MISA Pension Fund
and who transferred into the Fund as at 31 December 2004 in terms of clause (6)
of Rule 4.
"REMUNERATION" shall mean a MEMBER's
pensionable REMUNERATION in terms of the AGREEMENT and where contributions are
paid on a lesser amount, then the benefits payable will be calculated on such
lesser amount. Notwithstanding anything
to the contrary contained in these RULES, if a MEMBER’S REMUNERATION increases during
the ten year period preceding the payment of a benefit in respect of such
MEMBER, by percentage amounts which exceed limits which may be specified by the
BOARD from time to time in its sole and absolute discretion, then the annual
REMUNERATION or the average annual REMUNERATION as the case may be, on which
such benefit is based, shall be the average annual REMUNERATION over the ten
year period in question and not the annual REMUNERATION or the average annual
REMUNERATION which is specified in the applicable RULE. The decision of the BOARD as to the
applicable amount shall be final.
“RULES” shall mean the RULES of the Fund for the time
being and where there is a divergence between the English and the Afrikaans
text, the English text will prevail.
“SPOUSE” shall mean a person who, in respect of a
deceased MEMBER or PENSIONER
(a) renders
proof to the satisfaction of the TRUSTEES that, on the date of such MEMBER’S or
PENSIONER’S death such person was married to the deceased by way of a civil or
religious ceremony or a customary union according to indigenous law and custom
or a union recognised as a marriage under the tenets of any Asiatic religion;
or
(b) renders
proof to the satisfaction of the TRUSTEES that, on the date of such MEMBER’S or
PENSIONER’S death, such person was in an intimate relationship, of a
heterosexual or homosexual nature, with the deceased MEMBER or PENSIONER of at
least one year in duration
during which
time they undertook reciprocal duties of support towards each other and shared
a common household as if being married.
“APPROVED PENSION FUND” shall mean a pension fund,
other than a PRESERVATION PENSION FUND, approved as such by the REVENUE
AUTHORITIES for the purposes of these RULES.
“APPROVED PROVIDENT FUND” shall mean a provident fund,
other than a PRESERVATION PROVIDENT FUND, approved as such by the REVENUE
AUTHORITIES for the purposes of these RULES.
“APPROVED RETIREMENT ANNUITY FUND” shall mean a
retirement annuity fund approved as such by the REVENUE AUTHORITIES for the
purposes of these RULES.
“PRESERVATION PENSION FUND” shall mean an APPROVED
PENSION FUND recognised as a preservation fund, subject to the conditions set
out by the REVENUE AUTHORITIES from time to time.
“PRESERVATION PROVIDENT FUND” shall mean an APPROVED
PROVIDENT FUND recognised as a preservation fund, subject to the conditions set
out by the REVENUE AUTHORITIES from time to time.
“REVENUE AUTHORITIES” shall mean the South African
Revenue Service.
“SURPLUS APPORTIONMENT DATE” shall mean 31 March 2004.
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RULE 3 – ADMINISTRATION |
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Membership of BOARDAlternatesMeetings of the BOARDQuorumResolutions in writingControl of BOARD |
(1) The membership of the BOARD shall consist of seven persons. One member each shall be appointed by the National Executive Committees of the Motor Industry Employees Union, the Motor Industry Staff Association, and the National Union of Metal Workers of South Africa. One member each shall be appointed by the National Executive Committees of the South African Motor Industry EMPLOYERS’ Association and the South African Vehicle Body Repairers’ Association. In addition the president of the Motor Industry Bargaining Council shall ex-officio be a member of the BOARD. The seventh MEMBER, who shall be the Chairman of the BOARD, shall be elected by the six appointed members of the BOARD.
(2) Each of the Unions and each of the EMPLOYER Associations referred to in Clause (1) above shall appoint an alternate to its representative on the BOARD. The alternate to the President of the Motor Industry Bargaining Council shall be the general secretary of the COUNCIL. The Chairman shall have no alternate
and in the absence of the Chairman from any meeting the members of the BOARD
who are present shall elect one of their number to act as Chairman for that
meeting. (3) Meetings of the BOARD shall take place as
and when required by the members of the BOARD, but not less frequently than
once every two months.
(4) The quorum at any meeting of the BOARD shall be four members of the BOARD, including the alternates of any members who are not present at the meeting. No resolution by the BOARD at such meeting shall be effective unless unanimously agreed upon by all members present at the meeting, including the alternates of any members who are not present at the meeting. (5) A Resolution in writing signed by all the
members of the BOARD who may at the time be present in the town where the
registered office of the Fund is situated, being not less than are sufficient
to form a quorum, shall be as valid and effectual as if it had been passed at
a meeting of the BOARD duly called and constituted, provided that where any
such member is not so present but has an alternate who is so present, then
such Resolution must also be signed by such alternate. (6) The control of the assets, management and administration of the Fund shall be vested in the BOARD
provided that the BOARD shall have the power to appoint external managers to manage any of the assets of
the Fund on its behalf on such terms and conditions not inconsistent with the
RULES as the BOARD may determine in its discretion and whose appointment the
BOARD may from time to time revoke or renew in its discretion. |
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BOARD as Trustee |
(7) The BOARD shall act as Trustee for the
Fund. |
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No security required from BOARD |
(8) The BOARD shall not be required to furnish
any security in respect of its administration and any Master of the Supreme Court having
jurisdiction is directed to dispense
with such security whether under the Trust Moneys Protection Act of 1934 or
under any other law in force. |
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Management and Administration |
(9) The BOARD shall manage and administer the
Fund in accordance with these RULES, and may make by‑ laws for its administration not
inconsistent with the RULES. To this end the BOARD may appoint such
administration organisation to administer the Fund as the BOARD in its
discretion deems fit. In its discretion the BOARD may from time to time
revoke or review the appointment of such organisation. |
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Indemnification |
(10) (a) The
Fund hereby indemnifies the BOARD
and/or each of the members of the BOARD from and holds them harmless against all claims, costs, damages and expenses which
are claimed from or incurred by the
BOARD and/or any such member relating
directly or indirectly to the administration and/or management of the Fund, provided that such claims, costs, damages and/or expenses do
not arise from any gross negligence
or fraud on the part of the member
against whom such claim is made. |
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Insurance |
(b) The BOARD shall insure the Fund
against loss resulting from fraud
and/or dishonesty in respect of the
receipt and control of moneys of the
Fund for such amounts as the BOARD,
in its discretion, may from time to
time determine. |
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Annual audited accounts |
(11) The BOARD shall cause full and true accounts
of the Fund to be kept and such
accounts shall be made up annually on
the 31st March, and shall
be audited by the AUDITOR/s of the
Fund appointed by the BOARD. A copy
of the annual accounts and balance
sheet shall be available for inspection by EMPLOYERS and MEMBERS. Any
appointment in terms of this sub‑rule may be terminated by either party by giving to the other party three calendar months notice to that
effect. |
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Banking and/or other accounts |
(12) (a) All
moneys received on account of the Fund shall be paid into a banking account
or other account in the name of the
Fund with such a Bank and/or other
institution as the BOARD may
determine; and all operations on such
accounts shall be by means of cheques or other written instruments signed by such person/s as are duly authorised thereto by the BOARD. |
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Investments and registration of assets |
(b) Moneys of the Fund, not immediately
required, may from time to time be
lent, invested, placed on deposit or
otherwise dealt with by the BOARD
alone upon such security and in such
a manner as it, in its discretion, may
determine, and may in particular be advanced on the security of first mortgage bonds over immovable property provided that any
advance on first mortgage shall not
exceed 90% (ninety percent) of the
value of immovable property concerned
as assessed on the date of the
advance. The
BOARD may realise, vary, re‑invest or
otherwise deal with such moneys, securities and investments as it may from time to time, in its discretion, decide. All Title Deeds, securities and other assets shall be registered in the name of the Fund or in the name of such nominee companies as the
BOARD may appoint. |
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Actuarial valuation |
(13) (a) The
BOARD shall cause the financial
position of the Fund to be investigated and reported upon by THE ACTUARY at intervals not exceeding three years. THE ACTUARY shall
embody the results of each such actuarial
investigation in a written report to the BOARD, in which he
shall make such recommendations as he
may deem fit, relating, inter alia,
to the steps he considers desirable
to enable the Fund to continue the
benefits provided under these RULES, and to the disposal of any surplus which may be available. |
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Increase/decrease of contributions/ benefits/bonus |
(b) The BOARD, after considering each
actuarial report, may, in its discretion, increase or decrease the
contributions and/or benefits under
the RULES and/or may increase
benefits by way of a bonus or otherwise; provided that any change in
contributions shall be subject to the
prior approval of the COUNCIL. |
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Incidental expenses |
(14) The expenses in connection with, or
incidental to, the management of the
Fund, including the cost of audit and
of actuarial investigations in terms of
sub‑RULES (11) and (13) hereof and the payment of bonuses and/or gratuities to staff, shall
be borne by the Fund. |
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Contracts and other documents |
(15) Contracts and other documents binding on the
Fund shall be executed in such a manner as the BOARD may determine. |
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Safekeeping |
(16) The Fund's securities, books, documents and
other effects shall be kept at the
registered office of the Fund or at
such other place as the BOARD may
determine. |
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RULE 4 – MEMBERSHIP |
Conditions of membership |
(1) The conditions of membership of the Fund
shall be those contained in the AGREEMENT together with those set out in sub‑rule (2)
below. |
Limitation of Disability Benefits |
(2) All benefits shall be payable in full from
the outset of membership, save that, in the event of a claim for benefits in
terms of Rule 6(7), such benefits, except for those in terms of 6(7)(a)(ii) ,
shall subject to the discretion of the Trustees be limited to nil in the first
year of membership; 20% of the full
benefits in the second year; 40% in
the third year; 60% in the fourth
year; 80% in the fifth year; and 100% of the full benefits once the
MEMBER has completed five years of membership. Provided that, if the condition giving rise to the claim has
arisen from an accident which occurred after the commencement of membership
of the Fund and which in the sole and absolute discretion of the Company was
a bona fide accident and in addition was not caused by a medical condition
from which the MEMBER was suffering, then the above limitations shall fall
away. |
State of health ‑ concealed informationMEMBER ceasedpaying contributionsClosure to newEmployeesTransfer in ofPENSIONERS andDEFERREDPENSIONERS |
(3) If any MEMBER has knowingly withheld or
concealed any information regarding his state of health or has given incorrect information, then he and his DEPENDANT/s shall forfeit all
rights to benefits under the Fund and
he and his DEPENDANT/s shall be paid
only such benefits, if any, as the BOARD, in its discretion, may decide. (4) If a MEMBER has ceased paying contributions
to the Fund following termination of his employment, as advised by the
EMPLOYER in terms of the AGREEMENT, which termination shall not be
attributable to ill-health or accident, then he and his dependants shall not
be entitled to the disability benefit in terms of Rule 6(7)(a)(i) or the
death benefit in terms of Rule 6(8)(a)(i). (5) No new employee who enters service on or
after 1 August 2004 shall become a MEMBER of the Fund. (6) With effect from 31 December 2004, PENSIONERS and DEFERRED
PENSIONERS of the Motor Industry Pension Fund and the MISA Pension Fund shall
be transferred into the Fund. Such PENSIONERS who transfer into the Fund
shall be treated in the same manner as PENSIONERS who have retired under
sub-rule (2) or (5) of Rule 6 or in terms of sub-rule (1), (5), (6) or (7) of
“ANNEXURE 2” to these RULES. Such
DEFERRED PENSIONERS who transfer into the Fund shall be treated as if they
had elected in terms of Rule 6 (9) (d) (i), or Rule 6(7)(a) of “Annexure 2”
to these RULES, or sub-rule (1) of “Annexure 3” to these RULES, as
applicable, to receive deferred
pension benefits from this Fund. |
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RULE 5 – CONTRIBUTIONS |
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Conditions |
(1) The conditions governing the payment of
contributions to the Fund shall be those contained in the AGREEMENT. |
Additional contributions
Contributions – ceaseat PENSION AGE |
(2) In addition to the contributions prescribed
in the AGREEMENT, the BOARD may, in its discretion, accept moneys in respect of any MEMBER for the purpose of purchasing increased benefits
for such a MEMBER. The BOARD shall
determine the benefit purchased by
any sum so accepted having regard to the advice of THE ACTUARY. (3) The payment of contributions to the Fund
shall cease when the MEMBER attains PENSION AGE, or, where a MEMBER chooses
to receive an early or reduced pension in terms of Rule 6(5), as from the
date notified to the EMPLOYER by the Fund. |
Fund Accounts |
(4) The BOARD shall establish such accounts as are allowed by
legislation, including a Data Reserve Account, Risk Reserve Account and
Solvency Reserve Account, as more fully described in sub-rules (5), (6) and
(7) below : |
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Data Reserve Account
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(5) (a) A Data Reserve
Account shall be maintained under the Fund, to which shall be credited : (i)
an
opening balance as determined by the BOARD on the recommendation of the
ACTUARY as at the SURPLUS APPORTIONMENT DATE; (ii)
any
amounts which may arise as a result of data or administrative errors; (iii)
such
portion of the investment earnings on the assets of the Fund as may be
determined by the BOARD, in consultation with the ACTUARY. (b)
The
amount standing to the credit of the Data Reserve Account shall be increased
or decreased by the investment return earned on the assets in this account,
including any investment income (received and accrued) less an allowance for
any tax and if applicable, part or all of any expenses [paid and accrued],
together with capital appreciation, realised or unrealised. (c)
The
amount standing to the credit of the Data Reserve Account shall be used to
meet costs payable by the Fund as a result of data or administrative errors. |
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Risk Reserve Account |
(6) (a) A Risk
Reserve Account shall be maintained under the
Fund, to which shall be credited : (i)
the
amount recommended by the ACTUARY as the amount required in order to meet the
ongoing cost of providing risk benefits payable in terms of these RULES; (ii)
any
EMPLOYER contributions in terms of Rule 5(1) that are allocated towards the
cost of risk benefits. (b)
The
amount standing to the credit of the Risk Reserve Account shall be increased
or decreased by the investment return earned on the assets in this account,
including any investment income [received and accrued] less an allowance for
any tax and if applicable, part or all of any expenses [paid and accrued,
together with capital appreciation, realised or unrealised. (c)
The
amount standing to the credit of the Risk Reserve Account shall be used to
meet risk benefits payable in terms of these RULES. |
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Solvency Reserve Account |
(7) (a) A Solvency
Reserve Account shall be maintained under the
Fund, to which shall be credited : (i)
an
opening balance as determined by the BOARD on the recommendation of the
ACTUARY as at the SURPLUS APPORTIONMENT DATE; (ii)
such
contributions by the EMPLOYER as decided by the BOARD from time to time,
acting on the advice of the ACTUARY. (b)
The
amount standing to the credit of the Solvency Reserve Account shall be
increased or decreased by the investment return earned on the assets in this
account, including any investment income [received and accrued] less an
allowance for any tax and if applicable, part or all of any expenses [paid
and accrued], together with capital appreciation, realised or unrealised. (c)
The
amount standing to the credit of the Solvency Reserve Account shall be
applied, if required, to stabilise the funding level to a level considered
prudent by the ACTUARY. |
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RULE 6 – BENEFITS |
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Reference to "Annexure 2" |
(1) (a) The
benefits in respect of MEMBERS who, after 3 July 1995, contribute flat
amounts which are not expressed as a
percentage of REMUNERATION shall
be determined in accordance
with the RULES in force on 2 July
1995. Rule 6 of those RULES, which sets out such benefits, is attached as "Annexure 2" to these RULES. The benefits in
question shall be subject to any
amendments relative to the amount of
each contribution as may be
incorporated in the AGREEMENT from time to time. It is also specifically
provided that the pension benefits of MEMBERS who retired from the Fund
before 3rd July 1995 shall be paid in accordance with the
provisions of “Annexure 2”. The
remaining sub-rules of this Rule 6 shall not apply to any of the MEMBERS to
whom this sub-rule (1) applies. |
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(b) If by virtue of a change in employment or
for any other reason a MEMBER who has
been contributing flat amounts in
terms of paragraph (a) above
commences paying contributions which are expressed as a percentage of REMUNERATION then his
benefits in respect of service from
the date on which the change in
contributions took place shall be
determined in accordance with Rule 6 sub‑ RULES (2) to (9) plus Annexure 1 (if applicable). In
respect of the period prior to the change in contributions he shall continue to be entitled to the B and
C Benefits already purchased and the
benefits which these, together with
any future bonuses that may be
declared, would provide in terms of "Annexure 2." |
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Contribution rate ‑ pension entitlement |
(2) Subject to the provisions of sub‑rule
(5) hereof, a MEMBER shall retire on the last day of the month in which he attains PENSION AGE and shall, subject
to the provisions of sub‑ rule
2(b) hereof, be entitled to a pension,
payable monthly, equal to two and one quarter per cent (2,25%) of his
highest annual REMUNERATION over any
three years in the last fifteen years of CONTRIBUTORY SERVICE (or in his total period of CONTRIBUTORY SERVICE,
if this is less than three years) for
each year of CONTRIBUTORY SERVICE
after 3 July 1995. If any such MEMBER
has CONTRIBUTORY SERVICE prior to 3
July 1995 he shall, in addition, be
entitled to a pension in respect of his
CONTRIBUTORY SERVICE prior to 3 July 1995, the amount of which shall be determined by the BOARD having regard to the advice
of THE ACTUARY, provided that such
amount shall not be less than the amount which has accrued in respect of the MEMBER
in respect of such service up to 3
July 1995 in terms of the RULES in
force on 2 July 1995. |
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For the purposes of this Rule,
fractions of a year's CONTRIBUTORY
SERVICE, to the nearest complete
month, shall be taken into account
pro rata. |
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Retirement commutation |
(3) The BOARD shall, at the MEMBER's request,
commute at the date of his retirement for a cash payment to the MEMBER not more than one‑third of any
pension payable in terms of sub‑RULES (2) or (5) hereof, provided that, if the pension payable does not exceed the amount set out in the
Income Tax Act, the whole pension may
be commuted for a cash payment at the
date of retirement. The amount of any cash payment effected in
terms hereof shall be that computed
by THE ACTUARY. |
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Monthly pension payments and guaranteed period |
(4) The first pension payment shall be made on the last day of the month following that in which the MEMBER retires and shall be paid monthly thereafter on the last day of each month during the lifetime of the PENSIONER. The last pension payment shall be made on the last day of the month in which the MEMBER dies; provided always that the pension shall be payable for ten years irrespective of the PENSIONER's survival. In the event of the PENSIONER's death occurring within ten years of the date of his retirement, his DEPENDANT/s (as determined solely in the discretion of the BOARD) shall be paid the pension which such a PENSIONER, if he had not died, would have received during the unexpired portion of the period of ten years aforesaid.
It is specifically provided that pension increases shall be granted to PENSIONERS and DEFERRED PENSIONERS in accordance with the pension increase policy adopted by the BOARD in consultation with THE ACTUARY from time to time and communicated to the PENSIONERS and DEFERRED PENSIONERS. Increases in pensions and deferred pension amounts shall be payable from the date set out in the pension increase policy, having regard to the minimum pension increase in terms of the ACT. Differential pension increases may be declared for different classes of PENSIONERS and DEFERRED PENSIONERS, in particular those PENSIONERS and DEFERRED PENSIONERS who transferred from the Motor Industry Pension Fund, and those who transferred from the MISA Pension Fund. |
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Early retirement within 10 years of PENSION AGE |
(5) Notwithstanding the provisions of sub‑rule
(2) hereof, a MEMBER who has attained an age within ten years of PENSION AGE
may elect to retire from his
employment, in which event his
contributions shall cease and he shall be granted a pension equal to the following
percentage (set out in the table
below) of the pension calculated in
terms of sub‑rule (2) hereof in respect of his CONTRIBUTORY SERVICE up to the actual date
of retirement. |
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Number
of years prior
Percentage to
pension age Age % 10 55 70 9 56 73 8 57 76 7 58 79 6 59 82 5 60 85 4 61 88 3 62 91 2 63 94 1 64 97 0 65
100 |
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Where
the number of years prior to PENSION AGE
is fractional, allowance shall be made, by interpolation, for completed months of the period. |
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Notwithstanding
anything to the contrary contained in
sub‑rule (7) hereof, if a MEMBER is leaving the service for the reasons covered by sub‑rule
(7) and has attained the age of 55
years, then he shall be paid the
benefits in accordance with this sub‑rule
(5) and no other. In such a case the
percentage in terms of the table above shall be 100% irrespective of the number of years
prior to PENSION AGE. |
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Notwithstanding
anything to the contrary contained in
sub‑rule (9) hereof, if a MEMBER is leaving the service for reasons other than those
specified in sub‑rule (7)
hereof and has attained an age within
ten years of PENSION AGE and has completed ten years of service, then he shall be paid
the benefits in accordance with this sub‑rule (5) and no other; provided that, if he has
attained an age within five years of
PENSION AGE, the service
qualification shall not apply. |
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Where
a MEMBER elects to retire after the age of 65 he will receive 100% of his
full benefits. |
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Pension to surviving SPOUSE |
(6) If a PENSIONER dies leaving a SPOUSE, the
SPOUSE shall be entitled to receive a pension payable until such a SPOUSE’s
death equal to one-half of the pension which the PENSIONER was receiving at
the time of death, if no part of such a pension was commuted in terms of
sub-rule (3) hereof; or, if part of
such a pension was so commuted, the SPOUSE shall be entitled to receive a
pension equal to one-half of the pension which the PENSIONER would have been
receiving at the time of death had the PENSIONER not commuted part of the
pension in terms of sub-rule (3) hereof. The SPOUSE’s pension shall commence at
the end of the month following that in which the PENSIONER died, or at the
end of the month following the tenth yearly anniversary of the date of
retirement of the PENSIONER, whichever is the later. |
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Disability benefit |
(7) (a) If
any MEMBER becomes, in the opinion of the
BOARD, through accident or ill‑health continuously and permanently unable to perform his normal work in the MOTOR
INDUSTRY, and he is not required to receive a benefit in terms of Rule 6(5),
if he is under the age of 55 years,
then he shall be entitled to: ‑
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(i) a disability benefit which subject
to provisions of Rule 4(2), shall be
equal to twice his annual
REMUNERATION at the date of disability;
plus (ii) the MEMBER's total contributions in terms of Rule 5(1), plus any additional
contributions paid by him in terms of Rule 5(2), plus one twenty‑fifth
of such total for each completed 12
months period that the MEMBER has contributed to the Fund; Provided that a MEMBER’S
disability shall not be permanent or continuous if it can be substantially
removed by surgery or any other medical treatment which the MEMBER, with due
allowance for the risk and prognosis of success of such treatment, can
reasonably be expected to undergo. If
any MEMBER has attained the age of 55
years he shall receive the benefits described in sub‑rule (5) hereof, subject to
the provisions of Rule 4(2). |
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Disability benefit ‑ payment in form of annuity |
(b) If it is so wished, the
benefit in terms of clause (a) (i) and (ii) of this sub‑rule shall be paid in the form of an annuity,
the conditions of payment of which
shall be determined by the BOARD
having regard to the wishes of the
MEMBER. The actual amount of any such
annuity shall then be determined by
the BOARD having regard to the advice of THE ACTUARY. |
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Death benefit |
(8) (a) In
the event of the death of a MEMBER there
shall be payable ‑ (i) a death benefit which shall be equal to twice the annual REMUNERATION of the deceased MEMBER at the time of death; plus (ii) the deceased MEMBER's total contributions in terms of Rule 5(1), plus any additional contributions
paid by him in terms of Rule 5(2),
plus one twenty‑fifth of such
a total for each completed 12 month
period that the MEMBER has
contributed to the Fund. |
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Death benefit ‑ payment to DEPENDANT/s |
(b) (i) If
the Fund, within twelve months of the death of a MEMBER, becomes aware
of or traces any DEPENDANT/s of
the MEMBER, then, subject to the
provisions of sub‑clause (iii)
below, the benefit in terms of
clause (a) hereof, or in terms of
Rule 6(9)(d)(iii), shall be paid to such
DEPENDANT/s, or in such proportions as may be deemed equitable by the BOARD to such DEPENDANT/s. |
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Death benefit ‑ payment to nominee/s |
(ii) If the Fund does not become aware of or
cannot trace any DEPENDANT within twelve months of the death of a MEMBER and the MEMBER has designated in writing to the Fund any nominee/s
who is/are not DEPENDANT/s of the
MEMBER to receive the benefit in
terms of clause (a) hereof, or in
terms of Rule 6(9)(d)(iii), the
benefit shall be paid to such
nominee/s; provided that where the
aggregate amount of the debts in the
estate of the MEMBER exceeds the
aggregate amount of the assets in the estate, so much of the benefit as is equal to the
difference between the two
aggregates shall be paid into the
estate and the balance of such a
benefit shall be paid to the
nominee/s. |
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Death benefit ‑ payment to DEPENDANT/s and/or nominee/s |
(iii) If the Fund within twelve months of the
death of a MEMBER becomes aware of or traces any DEPENDANT/s of the MEMBER,
and the MEMBER has designated in writing to the Fund any nominee/s, who is/are not DEPENDANT/s of the
MEMBER, to receive the benefit in
terms of clause (a) above or in terms of Rule 6(9)(d)(iii), so much
of the benefit as is, in the opinion of the BOARD, required for the maintenance of the DEPENDANT/s shall be paid to such DEPENDANT/s, and the balance of the benefit shall,
subject to the proviso regarding
assets and debts to sub‑clause
(ii) above, be paid to the
nominee/s. |
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Death benefit‑ payment in absence of DEPENDANT or nominee |
(iv) If the Fund does not become aware of or
cannot trace any DEPENDANT within twelve months of the death of a MEMBER, and
if the MEMBER has not designated or
any nominee, the benefit shall be paid into the estate of the MEMBER; or, if no inventory in respect of the
estate has been received by the
Master of the Supreme Court in terms
of the Administration of Estates
Act, 1965 or any amendments thereof, the benefit shall be paid into the Guardians' Fund. |
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Death benefit ‑ payment to Trustee |
(v) For the purpose of this Rule 6(8)(b), a
payment by the Fund to a DEPENDANT/s
and/or nominee/s shall be deemed to include a payment by the Fund to a
Trustee contemplated in the Trust
Property Control Act, 1988 or any
amendments thereof, for the benefit of a DEPENDANT and/or nominee contemplated in this Rule. |
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Changing EMPLOYERS ‑ continued membership |
(9) (a) If
a MEMBER leaves the service of one EMPLOYER to enter immediately the service
of another EMPLOYER as an
employee, his membership of the Fund shall continue
without break. |
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Retrenchment benefit |
(b) If a MEMBER who has not attained the
PENSION AGE is retired from the service by his EMPLOYER owing to a general
scheme for the reduction or re-organisation of staff, or to retrenchment
generally, or to the abolition of his office or post, as determined by the
BOARD in consultation with the EMPLOYER, and he is not required to receive a
benefit in terms of Rule 6(5), he shall be entitled to a benefit equal to the
greater of (i) his
actuarial reserve, as determined by THE ACTUARY; and (ii) the
total of (a) (i) twice his total contributions in
terms or Rule 5(1); and (ii)
any
additional contributions paid by him in terms of Rule 5(2); and (iii) one
twenty-fifth of the sum of (a)(i) and (a)(ii) for each completed 12 month
period that he has contributed to the Fund. The benefit shall be paid as soon as
administratively practicable. Provided that a MEMBER who may be so
retired :- |
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Retrenchment – within 10 years from PENSION AGE |
(i) after he has attained an age within 10
years from his PENSION AGE shall, at his option, be permitted instead to
retire in terms of Rule 6(5); |
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Retrenchment ‑ 15 years of CONTRIBUTORY SERVICE within 15 years of PENSION AGE |
(ii) after he has completed 15 years of
CONTRIBUTORY SERVICE shall, at his option and provided he is within 15 years
of PENSION AGE, be permitted instead
to elect a deferred pension in terms
of Rule 6(9)(d). |
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Refund of employee contributions |
(c) If a MEMBER leaves the employment of an
EMPLOYER in circumstances not otherwise dealt with in these RULES, and in
respect of which no benefit is otherwise provided for in these RULES, he
shall be granted a benefit equal to the total of : (a) i) his
total contributions in terms of Rule 5(1); and (ii) any additional contributions
paid by him in terms of Rule 5(2); and (iii) one twenty-fifth of the sum
of (a)(i) and (a)(ii) for each completed 12 month period that he has
contributed to the Fund. plus (b) the
following percentage of the amount which remains of the EMPLOYER’S
contributions attributed by THE ACTUARY to him after provision, as determined
by THE ACTUARY, has been made for death and disability benefits and
administration costs : Completed years of CONTRIBUTORY SERVICE Percentage less than 6 Nil 6
10 7
20 8
30 9
40 10
50 11
60 12
70 13
80 14
90 15
or more 100 plus
interest calculated in the same way as on the MEMBER’S contributions. Such
benefit shall be paid as soon as administratively practicable. |
||
Deferred pension ‑ 15 years of CONTRIBUTORY SERVICE within 15 years of PENSION AGE |
(d) (i) If
a MEMBER either (aa)leaves
the service of an EMPLOYER in circumstances which entitle him to a benefit in
terms of Rule 6 (9) (b) or Rule 6 (9) (c);
or (aa)transfers to another APPROVED PENSION FUND or
APPROVED PROVIDENT FUND, while remaining in the service of the EMPLOYER; and provided he has
completed not less than 15 years of CONTRIBUTORY SERVICE, and is within 15
years of PENSION AGE, then, in lieu of the benefits provided under the said
RULES, he shall, at his option, be entitled to a deferred pension commencing
at PENSION AGE calculated in terms of Rule 6 (2) in respect of his
CONTRIBUTORY SERVICE up to the date of leaving service. |
||
Deferred pension ‑ retirement within 10 years of PENSION AGE |
(ii) A MEMBER who has elected a deferred
pension in terms of this Rule may elect
to retire at any time within 10 years of the PENSION AGE, in which
event the deferred pension referred to in sub‑ clause (i) above shall fall away and
he shall become entitled to an
actuarially reduced pension. |
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Deferred pension ‑ death benefit payment |
(iii) In the event of a MEMBER, who has elected
a deferred pension in terms of
this clause (d), dying before commencement of his pension,
an amount equal to the capitalised value of the deferred pension, as
calculated by the actuary, shall be
applied to provide a benefit for his DEPENDANT/s. Such an amount shall not, however,
be less than the benefit calculated
at the date of leaving in terms of Rule 6(9)(b) or 6(9)(c), as the case may
be, plus 8% per annum compound interest from the date of leaving service up
to the date of death. |
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Application for a deferred pension |
(iv) A MEMBER wishing to elect a deferred
pension in terms of this clause (d)
shall make written application to the BOARD not later than one month after the date of termination of his service. |
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Deferred pension ‑ re‑admission before PENSION AGE |
(v) If a MEMBER who has elected a deferred
pension in terms of this paragraph (d) enters the service of an EMPLOYER
and, in consequence, is re‑admitted
as a MEMBER of the Fund, he shall,
at his option, be entitled to
request that the deferred pension
fall away and be replaced by a period
of contributory service, as
calculated by THE ACTUARY, in lieu
thereof. |
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Transfer to another fund |
(e)(i) If a
MEMBER leaves the service of an EMPLOYER in circumstances which entitle him
to a benefit in terms of Rule 6(9)(b), Rule 6(9)(c) or Rule 6(12) then he
may, at his option, transfer all or, subject to (bb) below, part of such
benefit to another APPROVED PENSION FUND, PRESERVATION PENSION FUND, APPROVED
PROVIDENT FUND or APPROVED RETIREMENT ANNUITY FUND; provided that (aa) in the case of transfer to an APPROVED
PROVIDENT FUND, the amount so transferred shall be less any tax payable
thereon; and (bb) transfer to a PRESERVATION PENSION FUND is
subject to the requirements of the REVENUE AUTHORITIES as specified from time
to time. (ii) If
a MEMBER, while remaining in the service of his EMPLOYER, becomes a MEMBER of
an APPROVED PENSION FUND or an APPROVED PROVIDENT FUND, then an amount
calculated in terms of Rule 6(9)(c) [less , in the case of transfer to an
APPROVED PROVIDENT FUND, any tax payable thereon] shall be transferred to
that fund. |
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Unclaimed Benefits |
(10) Any benefits due in terms of these Rules and unclaimed after the expiry of a period of three years from the date on which it first became due shall be placed in an unclaimed benefit account pending a valid claim by the claimants. |
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Continuation membership |
(11) If a MEMBER ceases to contribute to the Fund
in terms of the AGREEMENT, but remains an employee in the MOTOR INDUSTRY, he may, on application
made within three months after the
date on which he ceased to
contribute, be permitted by the BOARD
to remain a MEMBER of the Fund, in which event such a MEMBER shall continue to be
entitled to all the benefits set out
in this Rule 6, with the exception of
the death benefit referred to in Rule
6 (8)(a)(i) or the disability benefit in terms of Rule 6(7)(a)(i); and provided that in the
event of ‑ |
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Continuation membership – deathDEFERRED PENSION – withdrawal fromservice |
(a) the death of such a MEMBER occurring ‑
(i) after he has attained an age within
ten years of PENSION AGE, he shall
be regarded as having retired on the
day before his death, or (ii) before he has attained an age within ten years of PENSION AGE, he shall be regarded as having withdrawn from the MOTOR INDUSTRY in terms of the provisions of Rule 6(9)(c); (12) A
DEFERRED PENSIONER, other than a DEFERRED PENSIONER referred to in Rule 6 (9)
(d) (i) (aa), who withdraws from service before commencement of his pension,
shall be granted a benefit equal to the capitalised value of the deferred
pension, as calculated by THE ACTUARY. |
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RULE 7 GENERAL |
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Guarantees for loansRights of termination of service ‑ no claim for damages |
(1) The BOARD shall have the power to furnish a
guarantee in respect of a loan to a Member by a Financial Institution
approved by the BOARD for a purpose referred to in Section 19(5)(a) of the
ACT and, if so required for such purpose, may make a deposit in pledge with
such Institution as collateral security. Such guarantee shall be subject to
the requirements of the Registrar and shall further be subject to such
conditions as may be determined by the BOARD from time to time in respect of
a minimum loan amount and a maximum level of collateral as a percentage of
the cash benefit payable if the MEMBER
were to leave the Fund.
(2) Nothing in these RULES shall prejudice the right of an EMPLOYER to dispense with the services of, or to dismiss, any employee; nor the right of any employee to leave the service of his EMPLOYER on complying with the conditions of his employment. Any benefits, contingent or absolute, to which a MEMBER may claim to be entitled under these RULES shall not, on his dismissal, be a ground for any claim for damages or any increase in a claim for damages in any action brought against the Fund or the BOARD or his EMPLOYER in respect of such a dismissal. |
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Claim - only in terms of RULES |
(3) No person, whether a MEMBER or otherwise,
shall have any claim, right or interest upon the Fund, or any contributions thereto, any interest
therein or any claim upon or against
the BOARD, except under, and in
accordance with, the provisions of
these RULES. |
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Rights of any person under these RULES ‑ purely personal |
(4) (a) Unless
otherwise expressly provided for in these RULES, the rights, benefits or
interest in the Fund conferred on any person under these RULES shall not be capable of being exercised or claimed in any way by
anybody other than such a person and
shall be purely personal to him; they shall not be capable of being ceded, assigned, transferred, pledged or hypothecated or in any way alienated
by him other than to the BOARD, or of
being attached by any creditor, or of
vesting in any other person
whomsoever in any capacity. |
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Suspension of rights |
(b) Unless otherwise expressly provided for
in these RULES, the above mentioned
rights shall be suspended or withheld
on the happening of any of the
following events: (i) The person concerned purports to transfer, cede, pledge, or
hypothecate such rights. (ii) A creditor of the person concerned attempts to attach under any writ of execution all or any rights under these RULES other than in terms of the
ACT. |
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Suspended rights ‑ payment of benefits |
(c) Unless otherwise expressly provided for
in these RULES, should any person's rights be suspended or payment of benefits be withheld, the BOARD may, from time to time, pay
out of the Fund (and accordingly
without notice cease to pay)‑ |
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(i) to such a person such amount/s as
the BOARD may consider necessary for
the support of such a person;
and/or |
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(ii) to the DEPENDANT/s of such a person such amount/s as the BOARD may consider necessary for the support
of such DEPENDANT/s; |
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provided
that the total payment to any such person
(and/or DEPENDANT/s) under this clause
shall not exceed the amount which would have been payable in respect of his rights if such rights had not been suspended or withheld
as aforesaid. |
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Suspension of rights not applicable if payment of benefits is due |
(d) Nothing in clauses (a) and (b) hereof
shall apply in respect of rights if the actual payment of benefits had
already become due out of the Fund at the date of the happening of any of the events in clause (b) hereof. |
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Determining date |
(e) The date of the happening of any of the
said events for the purpose of clause
(b) and (d) hereof shall be deemed to
be ‑ (i) in the event of attachment, the date
of the writ; (ii) in any of the other events
aforesaid, the date of the
instrument or other AGREEMENT; |
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provided
that if there shall be more than one
date purporting to be the date upon which any such instrument or other agreement was
signed or entered into, the date for
the purposes of this sub‑rule
shall be deemed to be the
earlier/earliest of such dates. |
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Rights ‑ not an asset in deceased estate |
(f) No rights under these RULES shall be or
become an asset in the deceased estate of any person, unless expressly provided for in these RULES. |
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Discretion of BOARD – payment of benefitMinors |
(5) (a) If
the BOARD, in its absolute discretion, decides that for some good and
sufficient reason it is not desirable to make payment of a benefit in the
manner elsewhere provided for in these RULES, the BOARD may, in its
discretion, pay the benefit – (i) to the said MEMBER in instalments; and/or (ii) wholly or partly to his DEPENDANT/S; and/or (iii) to Trustees either for the benefit of the MEMBER and/or of his
DEPENDANT/S; and/or (iv) in such a manner for the benefit of such a MEMBER and/or his
DEPENDANT’S as the BOARD may determine. (b) If
the MEMBER or DEPENDANT is a minor, the
BOARD may pay the benefit to any person it may deem fit on behalf of such a minor. |
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BOARD ‑ decision may be varied |
(b) Any decision of the BOARD in terms of this
Rule may be varied by the BOARD from time
to time in its sole and absolute discretion. |
|
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Lien on benefit payable |
(6) (a) Subject
to the provisions of section 37D of the ACT, the Fund shall have a general lien on any benefit payable to any MEMBER
or DEPENDANT or legal representative
or other beneficiary in respect of
any money due by such a MEMBER to the
Fund. |
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MEMBER's indebtedness to Fund ‑ deduction from benefit |
(b) Subject to the provisions of section 37D
of the ACT, the BOARD shall have the right, and is hereby empowered to deduct
from any benefit payable to, or in respect of, any MEMBER or any person who was a MEMBER, any amount due or owing
by such MEMBER or ex‑ MEMBER,
to the Fund and to pay such an amount
over to the Fund whose receipt therefor shall constitute a good and valid receipt and discharge for the same. |
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Restriction of deduction |
(c) In those cases where MEMBERS retire on,
or after, reaching the retirement
age, the provisions of clauses (a)
and (b) hereof are restricted to
pension benefits. |
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Evidence of age |
(7) (a) Each
MEMBER shall supply such evidence of age
and also such other information as the BOARD may require from time to time. |
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Incorrect age ‑ power of BOARD to make adjustments |
(b) If at any time it is proved to the
satisfaction of the BOARD that the age of the MEMBER has been incorrectly
given, then the BOARD shall have the
power to make such adjustments or
alterations to any benefits as, in its absolute discretion, it deems fit. |
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BOARD ‑ decision is conclusive |
(8) Any question which may arise with regard to
a claim by a MEMBER or ex‑MEMBER or his DEPENDANT/S or legal representative shall be referred
to the BOARD, whose decision thereon,
if not contrary to these RULES, shall
be final and conclusive. |
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Judgement by BOARD on evidence |
(9) In deciding any question of fact, the BOARD
may, save as is otherwise provided for in these RULES, act upon such evidence as it shall deem
adequate, whether amounting to legal
proof or not. |
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BOARD ‑ interpretation of RULES is final |
(10) In the interpretation of the meaning of
these RULES the decision and discretion of the BOARD shall be final. |
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Amendments to RULES |
(11) (a) Subject
to the prior approval of the COUNCIL,
the BOARD may ‑ |
|
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‑ shall not be to the general disadvantage of MEMBERS and PENSIONERS |
(i) make such new RULES and regulations or
alter or repeal any existing rule as it
may deem fit; provided that any such
new RULES, alterations or repeals shall not be to the general disadvantage of MEMBERS and PENSIONERS; |
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- where Fund no longer capable of meeting benefits provided |
(ii) notwithstanding the provisions of
the preceding paragraph, if, as a
result of any valuation by THE
ACTUARY in terms of Rule 3(13)(a),
it considers that the Fund is no
longer capable of meeting the
benefits provided for in these
RULES, make such new RULES
or regulations or alter or repeal
any existing rule which it may
deem necessary in the circumstances.
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Procedure for amendments |
(b) Any proposed amendment to these RULES
affecting the financial basis of the Fund
shall first be submitted to and reported upon by THE ACTUARY, and shall be submitted to
the Registrar for approval in
accordance with the ACT. |
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REVENUE AUTHORITIES to be notified |
(c) The REVENUE AUTHORITIES shall be notified forthwith of any
alterations and amendments to these RULES.
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Amendments ‑ not permitted if affecting main purpose of the Fund |
(d) No amendments whatsoever may be made to
these RULES which have the effect of altering
the main purpose of the Fund, namely the provision of pensions for MEMBERS at
PENSION AGE. |
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Effective date |
(e) Subject to the approval of the
relevant authorities, an amendment to
the RULES may be effective from a
date preceding its date of
registration, provided the
BOARD so directs. |
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BOARD ‑ incorporation and registration of Fund in conformity with requirements of REVENUE AUTHORITIES |
(12) The BOARD shall be empowered to do such acts and to execute such
documents as may be necessary to incorporate and register the Fund and, if
the REVENUE AUTHORITIES shall at any time refuse to approve the Fund or any
part thereof for the purpose of enabling the EMPLOYERS or the MEMBERS to
obtain the benefit of EXEMPTION or allowance in respect of Income or other
tax, or if the BOARD shall consider it expedient, having regard to any ruling
of such REVENUE AUTHORITIES with regard to Income or other tax, the BOARD
may, subject to the prior approval of the COUNCIL, make such alterations to
the Rules as may be necessary to enable such approval to be obtained and to
conform with such a ruling. |
|
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Expiry of AGREEMENT ‑ reasons for, and necessary actions by BOARD |
(13) (a) In
the event of the expiry of the AGREEMENT by affluxion of time or cessation
for any other cause, the BOARD shall continue to administer the Fund and may make such arrangements or enter into such AGREEMENT/S as it, in its discretion, deems fit for continuing the Fund under modified conditions, or disposing of the assets for the benefit of MEMBERS having regard to
the advice of THE ACTUARY; provided
that in no case shall any part of the
assets be refunded to the EMPLOYERS.
Pensions then being paid in terms of
these RULES shall be continued in
full. |
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Winding up ‑ appointment of liquidator |
(b) In the event of the discontinuation,
termination or winding up of the Fund, the BOARD shall appoint a liquidator for the purpose, and such appointment shall be subject to
the approval of the Registrar of Pension Funds. |
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Winding up ‑ liquidator's obligations |
(b) The
liquidator shall realise the assets of the Fund and shall apportion the
proceeds amongst the MEMBERS, PENSIONERS and other beneficiaries on a basis recommended by THE ACTUARY and
approved by the BOARD. The liquidator
shall use the amount available for each MEMBER to purchase an annuity for
each such MEMBER from a life assurance company where an annuity of at least
R1 800 can be purchased from PENSION AGE, and shall pay to such MEMBER his
portion of the assets, if insufficient, to purchase an annuity of R1 800. |
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Borrowings |
(14) The BOARD may borrow money at interest
or otherwise, provided that
borrowings are limited strictly to
temporary loans for bridging
unforeseen cash shortages or taking advantage of attractive
investments, and with that object in
mind it may pledge or otherwise hypothecate any or all of the assets of the Fund. |
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Re-insurance of benefits |
(15) The Fund may re-insure with a third party
all or such portions of the benefits
granted by the Fund as the BOARD may
determine from time to time on such
terms and conditions as may be agreed upon by the BOARD. |
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BOARD ‑ actions to be for the benefit and protection of MEMBERS and PENSIONERS only |
(16) The BOARD shall be entitled, in its absolute
discretion, to make arrangements and to do anything not inconsistent with the
provisions of these RULES or any amendments thereof, which, in its opinion,
is for the benefit and protection of
MEMBERS and/or other persons in receipt of benefits. |
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Unexpected contingency |
(17) In the event of a contingency arising which
has not been provided for in these RULES, the decision of the BOARD thereon,
if not inconsistent with the
provisions of these RULES, shall be final and conclusive. |
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RULE 8 |
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SPECIAL PROVISIONS RELATING TO
THE TRANSFER OF MEMBERS TO THE AUTO WORKERS’ PROVIDENT
FUND |
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(1) |
The
definition “EMPLOYEE CONTRIBUTIONS” shall apply for the purpose of this Rule
: “EMPLOYEE
CONTRIBUTIONS” shall mean the amount referred to in Rule 6 clauses 9
(c)(a)(i); (ii) and (iii). |
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(2) |
With
effect from 31 March 2005 each MEMBER who has not reached PENSION AGE shall
transfer to the Auto Workers’ Provident Fund; provided that a MEMBER who has completed not less than 15 years
of CONTRIBUTORY SERVICE, and is within 10 years of PENSION AGE, may elect to
become a DEFERRED PENSIONER of the Fund as provided for in terms of clause
(9)(d)(i) of Rule 6. If the BOARD
does not receive notice that a MEMBER wishes to become a DEFERRED PENSIONER
of the Fund by such date as the BOARD may determine, the benefit of such
MEMBER shall be transferred to the Auto Workers’ Provident Fund in terms of
clause (4). |
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(3) |
The
following provisions shall apply to the transfer of benefits to the Auto
Workers’ Provident Fund : (a)
each MEMBER who transfers to the Auto
Workers’ Provident Fund shall become entitled to a lump sum benefit equal to
his EMPLOYEE CONTRIBUTIONS. Such
benefit shall be transferred after the payment of any income tax, to the Auto
Workers’ Provident Fund; and (b) in the case of each MEMBER who transfers to
the Auto Workers’ provident Fund there shall also be transferred an amount
equal to the difference (if any) between his actuarial reserve as determined
by THE ACTUARY and the amount in (a)
to be applied under the Auto workers’ Provident Fund in terms of the
rules of that fund. |
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ANNEXURE 1 |
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SPECIAL PROVISIONS RELATING TO MEMBERS WHO
CONTRIBUTE
AT
THE RATE OF 3,5 % OF REMUNERATION
Provisions of main RULES shall apply except for ‑ |
The provisions of the main RULES, and in particular those of Rule 6, shall apply to a MEMBER who |