| (1) |
Upon the transfer, appointment or termination of service of an educator in terms of the Act or of his or her death, such an educator or his or her estate, whichever is applicable, shall be compensated by the employer for the reasonable resettlement expenditure actually and necessarily incurred as a result thereof within the framework of the provisions of this regulation and taking into account the following measures and guidelines: |
| (a) |
The head of education, within the context of the provisions, determine policy regarding aspects such as maximum periods of compensation, limits of expenditure, restrictions in respect of the quantity and kind of personal effects, the number and brand of motor vehicles, classes of travel, means of transport, costs of property transfer and any other possible item of expenditure or facet of transfer costs which may come to the fore. |
| (b) |
In considering the implications in terms of costs, it must be seen to that effective competition takes place where services are rendered for the purpose of resettling an educator or employee and that all available alternatives are taken into consideration to ensure that the most suitable option is exercised under the circumstances. |
| (c) |
The status of the educator being resettled in terms of his or her rank and taking into account the particular circumstances and underlying reasons. |
| (d) |
The principle of fairness and reasonableness by the employer in the application of the relevant measures. |
| (e) |
The delegation of any of the powers vested in the Minister in terms of the provisions of this regulation, must be done taking into account the provisions of the Exchequer Act, 1975 (Act No. 66 of 1975). |
| (2) |
The following expenses shall be payable to an educator on transfer: |
| (a) |
The accommodation and transport expenditure of an educator and a member of his or her household arising from a visit beforehand to the new headquarters. |
| (b) |
The accommodation and transport expenditure of an educator and his or her household arising from the transfer to the new headquarters including the transport of personal effects from packing to the eventual unpacking thereof at permanent accommodation as well as the all inclusive insurance cover thereof. |
| (c) |
The expense of storage of personal effects as well as the all-inclusive insurance thereof. |
| (d) |
The expense of interim accommodation at the old or new headquarters. |
| (e) |
The expense of customs duty, or other levies or fees arising from the transport of private motor vehicles across international borders. |
| (f) |
The transfer expense arising from the purchase of a dwelling or a building site and the erection of a building thereon which expenses shall include the costs of conveyance of the property, mortgage costs, expenses arising from the drafting of a contract and inspection fees: Provided that when transfer expenses are included in a mortgage loan, payment shall not be made to the educator personally, but directly to his or her mortgage loan account. |
| (g) |
A single amount as determined by the head of education for each child attending school as assistance towards the expenditure of school books, uniforms, sport outfits and other requirements: Provided that the amount shall be effective from a date determined by the Minister and shall be revised quarterly on 1 January, 1 April, 1 July and 1 October, respectively, on the grounds of price increases as reflected in the Central Statistical Service's Consumer Price Index for Clothing and footwear for the first month of the previous quarter, rounded-off for the nearest higher full rand. |
| (h) |
A single amount to meet incidental expenses arising from resettlement, other than those for which specific provision is made in this regulation on the following basis: |
| (i) |
If furnished accommodation is occupied permanently an amount equal to 35% of an educator's basic monthly pensionable salary as on the date of resettlement. |
| (ii) |
If unfurnished accommodation is occupied permanently an amount equal to 50% of a single educator's basic monthly pensionable salary as at the date of resettlement, or an amount equal to the basic monthly pensionable salary of an educator with dependents as on the date of resettlement. |
| (iii) |
An amount equal to 35% of the monthly norm station allowance in the local monetary unit as on the date of resettlement in the case of an educator who is transferred to a foreign country: |
Provided that if the amount referred to in subparagraph (i) or (ii) is less than an amount calculated in accordance with the applicable percentage referred to in the said paragraphs and based on the monthly pensionable salary equal to the minimum notch for the standard salary scale of a Senior Provisioning Administration Officer in the Public Service, the applicable amount based on the last mentioned basis must be paid: Provided further that the amount referred to in subparagraphs (i) and (ii) shall not exceed an amount based on the basic monthly pensionable salary of a Director: Education.
| (i) |
The home owner allowance in respect of a dwelling at the previous headquarters may be continued with if the Member of the Executive Council so determine. |
| (j) |
The travelling expenses incurred by an educator's school attending children who remain at the old headquarters for a period not exceeding a school year: Provided that such expenditure shall be limited to the most economical means of travel to and from the new headquarters at the beginning and end of school holidays and at the end of the school year. |
| (a) |
The travelling as well as transport expenses, insurance costs and storage costs for not longer than one month, of the personal effects of a candidate and his or her household who, on appointment in terms of the Act, necessarily has to relocate may be compensated on the same basis as that provided for in subregulation (2). |
| (b) |
Persons referred to in paragraph (a) shall be bound contractually in writing to be in the service of the employer concerned for a period of not less than 12 months. |
| (4) |
The accommodation and transport expenditure of an educator and his household who is expected to do parliamentary duty, at the beginning and end of a parliamentary session as well as the conveyance to and from Cape Town of essential personal effects and the all-inclusive insurance cover thereof may be compensated on the basis determined by the Minister. |
| (a) |
The expenses provided for in subregulation (2)(b), (c), (d) and (e), arising from moving from an existing place of residence to a place where an educator (excluding an educator who was recruited abroad and his or her household wishes to settle in the Republic on termination of service, may be paid mutatis mutandis to such educator, or his or her household in the case of his or her death on the basis, conditions and requirements which the employer may determine. |
| (b) |
The expenses provided for in subregulation (2)(b) may be paid mutatis mutandis on termination of service to an educator who was recruited abroad or his or her household in the case of his or her death, from his or her existing place of residence back to the place where initially recruited. |
| (6) |
If an educator dies whilst on official duty away from his or her headquarters or whilst stationed abroad, including a member of his or her family who accompanies him or her officially, expenses arising therefrom (excluding funeral costs), shall be paid. |
Older Persons Act, 2006
