Subject to the provisions of the rules any part or the whole of any of the undermentioned periods may at the written request of a member and with the approval of the Board be recognised as pensionable service—
| 10.1 |
a period during which a member was— |
| (a) |
absent on leave without pay for a period in excess of 120 days; |
| (b) |
suspended from his or her employer's duty; or |
| (c) |
seconded to the service of any other Government or to a board, institution, establishment or body established by or under an act or to any other body or person approved by the Board, |
and in respect of which he or she did not contribute to the Fund;
| 10.2 |
in the case of a member who was re-admitted to the Fund, and who at an earlier stage received a benefit (excluding a benefit payable for a reason referred to in rules 14.1.1 and 14.3.1) from the Fund, the Temporary Employees Pension Fund or a previous fund, such earlier period of pensionable service in respect of which a benefit as aforesaid was paid to him or her: Provided that— |
| (a) |
the recognition of such earlier period of pensionable service shall be subject to the provisions of rule 17, mutatis mutandis; |
| (b) |
if such a person was a member of the Government Service Pension Fund immediately prior to the fixed date, his or her written request was received by the Fund within the twelve month period immediately following the fixed date; |
| (c) |
if such a person was a member of the Temporary Employees Pension Fund or a previous fund, as the case may be, immediately prior to the date determined in terms of section 14(1) or 15(1) of the Law, his or her written request was received by the Fund within the twelve month period immediately following that date: Provided that the regulations pertaining to the Temporary Employees Pension Fund or the previous fund provided for the recognition of such period of service as pensionable service; |
| (d) |
if such a member was so re-admitted to the Fund after the fixed date or the date determined in terms of section 14(1) or 15(1) of the Law, as the case may be, the readmittance took place within a period of thirty-six months after the member had terminated his or her membership of the Fund, the Temporary Employees Pension Fund or a previous fund: Provided, further, that such written request by the member was received by the Fund within the twelve month period immediately following his or her readmittance to the Fund; |
| (e) |
the member referred to in (b), (c) or (d) above submits proof to the satisfaction of the Board of such previous pensionable service and offers payment of the amount of such benefit to the Board; |
[Rule 10.2 substituted by Notice No. 499 of 11 April 1997]
| 10.3 |
a period intended in rule 10.2 during which the member was a member of the Associated Institutions Pension Fund, established under section 2 of the Associated Institutions Pension Fund Act, 1963 (Act No. 41 of 1963), in which case the provisions of rule 10.2 will mutatis mutandis apply; or |
| 10.4 |
a period which is not pensionable service and which follows on the date on which a member attained the age of eighteen years, as well as a period of previous pensionable service to be recognised in respect of a member in terms of rule 10.2, other than a member referred to in rule 10.2 (b),(c) or (d); |
| 10.5 |
a period during which a member was not eligible for membership of a previous fund or the Temporary Employees Pension Fund, where such period was, in the opinion of the Board, discriminatory to members. |
[Rule 10.5 substituted by Notice No. 1073 of 8 August 2003]
| 10.6 |
a period of NSF Service, provided that a period of NSF Service may only be recognised on the following conditions: |
| (a) |
the former member of a non-statutory force or service, or beneficiary of a former member of a non-statutory force or service where the former member of a non-statutory force or service is deceased, completes an application form as formulated by the Fund, and returns the completed form to the fund within a period of eighteen months after the date of commencement of this rule, provided that the Board may, on good cause shown, consider an application submitted after the eighteen months period referred to in this paragraph: Provided further that when the application form, submitted by a beneficiary of a former member of a non-statutory force or service, is considered by the Board, the board may in the case of a dispute between beneficiaries regarding the application decide in its sole discretion whether to and to what extent to recognise the NSF Service applied for; |
| (b) |
the former member of a non-statutory force or service may not simultaneously receive in his or her own right a benefit under the Special Pensions Act, 69 of 1996 (‘a Special Pension’) and recognition of NSF Service; |
| (c) |
the former member of a non-statutory force or service in receipt of a Special Pension whose NSF Service is recognised will have his or her Special Pension terminated from the day on which such person’s NSF Service is recognised which date will be stipulated by the Board in a notification to the former member of a non-statutory force or service that the Fund has decided to recognise the NSF Service of the former member of a non-statutory force or service; |
| (d) |
any and all amounts payable or paid to a former member of a non-statutory force or service as a Special Pension or a Demobilisation Benefit, other than a dependant’s benefit under the Special Pensions Act 69 of 1996 or the Demobilisation Act 99 of 1996 at the date from which his or her NSF Service is recognised will be taken into account in the computation of additional pensionable service unless the member opts to pay to the Fund the value of such benefits in a once off lump sum or in instalments as determined by the Board in which case interest shall be added to the outstanding amount of the debt; |
| (e) |
any and all amounts payable or paid to a beneficiary of a former member of a non-statutory force or service as a Special Pension or a Demobilisation Benefit at the date from which the NSF Service of the former member of a non-statutory force or service is recognised, other than such benefits payable or paid to such beneficiary in his or her own right, will be taken into account in the computation of additional NSF service of the former member of a non-statutory force or service unless the value of such benefits is paid back to the Fund in a once off lump sum or instalments as determined by the Board in which case interest shall be added to the outstanding amount of the debt; |
| (f) |
if a former member of a non-statutory force or service or beneficiary of a former member of a non-statutory force or service opts not to pay the member portion, or part thereof, of the contribution in respect of NSF Service which is recognised as pensionable service, such option will be taken into account in the computation of additional pensionable service; |
| (g) |
for purposes of computation of benefits under rule 14, and subject to the provisions of paragraphs (d), (e) and (f) above, NSF Service will be recognised as pensionable service to the extent set out below: |
| (i) |
a former member of a non-statutory force with less than ten years NSF Service: 50% thereof; and |
| (ii) |
a former member of a non-statutory force or service with ten or more years NSF Service: 100% thereof; |
| (h) |
the obtaining of the necessary approval by the employer for funds to fund the portion payable by the employer, as contemplated in rule 11.9.2.2 in respect of the recognition of NSF Service of former members of non-statutory forces or services in its employ; |
| (i) |
without detracting from the provisions in rule 11.9 regarding payment of or taking into account of the portion payable by or in respect of the former member of the non-statutory force or service, the employer shall pay the portion payable by it, as contemplated in rule 11.9.2.2, in respect of a former member of a non-statutory force or service whose NSF service is recognised; |
| (j) |
NSF service of a former member of a non-statutory force or service that is recognised as pensionable service will be recognised as such as from the date stipulated by the Board in a notification to the former member of a non-statutory force or service or to his or her beneficiary, if the NSF Service, of a former member of a non-statutory force or service whose membership has terminated before commencement of this rule, is recognised such service will be recognised with effect from the date such member’s membership of the Fund has terminated. |
[Rule 10.6 inserted by Notice No. 423 of 31 March 2004]
Financial Services Board Act, 1990
