| (a) |
Subject to the provisions relating to negotiations regarding the terms and conditions of employment contained in any law applying in respect of labour relations arrangements in the Public Service, including Education, and subject to negotiations in accordance with any labour relations legislation or arrangements applicable to the South African Police Service, the South African National Defence Force and the State Security Agency regarding their terms and conditions of employment, the Board shall make rules with regard to— |
| (i) |
the constitution of the Board and the management and administration of the Fund; |
| (ii) |
the payment of contributions to the Fund and the payment of benefits from the Fund to or in respect of members on their retirement, discharge, resignation or death; |
| (iv) |
any matter required or permitted to be prescribed under this Law, |
and, generally, for the better achievement of the objects and purposes of this Law.
[Subsection (1)(a) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
| (b) |
The rules contained in Schedule 1 shall be deemed to have been made as required by subparagraph (a) and any such rule shall continue to apply until amended, substituted or repealed by rules made by the Board in terms of subparagraph (a). |
| (2) |
The rules referred to in subsection (1), may— |
| (a) |
prescribe the classes or categories of persons who shall become members of the Fund and shall contribute to the Fund; |
| (b) |
from time to time prescribe the conditions subject to which and the rate at which members shall contribute to the Fund, and the times at which and the manner in which such contributions or any amounts which are payable to the Fund in terms of this Law, shall be deducted from the pensionable emoluments of members and paid over to the Fund; |
| (c) |
from time to time prescribe the circumstances in which and the basis and conditions subject to which any period which is not a period of pensionable service as defined in the rules, may be recognised as pensionable service and the amount, including interest, which shall be paid to the Fund in respect of such period by the member concerned or any other person or the employer or any other employer, and the times at which and the manner in which such amount shall be so paid; |
| (d) |
prescribe the circumstances in which and the basis and conditions on which the accrued benefits of : |
| (ii) |
a member of an approved retirement fund may be transferred to the Fund and the amount, including interest, which shall be paid to the Fund by the member concerned, the approved retirement fund, or the present or previous employer of the member in respect of such transfer, and the manner in which such amounts shall be calculated and paid; |
| (e) |
from time to time prescribe the contributions, interest or other amounts which shall or may from time to time be paid to the Fund by the employer or any other employer in respect of employees who are members of the Fund and the circumstances in which and the basis and conditions on which and the manner in which the said contributions, interest or other amounts shall be calculated and shall or may be paid to the Fund; |
| (f) |
from time to time prescribe the benefits payable to a member whose service is terminated as a result of injury or ill-health, not occasioned by his or her own fault, arising out of and in the course of his or her employment; |
| (g) |
from time to time prescribe the benefits or other amounts payable from the Fund to members, their former spouses or their beneficiaries determined in the rules, in cases or classes or categories of cases specified by the rules, and the manner in which such benefits or other amounts shall be calculated and the times at which and the manner in which such benefits or other amounts shall be paid; |
[Section 29(2)(g) substituted by section 4 of the Government Employees Pension Law Amendment Act, 2011 (Act No. 19 of 2011)]
| (h) |
provide for the investment of amounts standing to the credit of the Fund and for the periodic valuation by an actuary of the assets and liabilities of the Fund; |
| (i) |
provide for the conditions on which a member of the Fund who is seconded to employment in respect of which he or she is not liable to contribute to the Fund, may continue to contribute to the Fund and receive benefits from the Fund; |
| (j) |
from time to time prescribe formulae for the calculation of benefits payable from the Fund; |
| (k) |
provide that any change to the rules shall satisfy the condition that the real value of the accrued benefits of every member of the Fund, as represented by the Fund's actuarial liability towards the member and his or her beneficiaries, shall be maintained in such change, and provide for the manner in which such value is to be determined. |
| (3) |
Different rules may be made under this section in respect of members belonging to different classes or categories. |
| (4) |
Any rule, except a rule which increases the rate at which members shall contribute to the Fund or reduces the amount of the benefit payable from the Fund, may be made with retrospective effect. |
| (5) |
The Rules shall be binding on the Government, the Fund, its members and pensioners and their beneficiaries or any other person who has a claim against the Fund. |
Older Persons Act, 2006
