In the rules words that are defined in the Law, but not defined in this rule, shall have the meaning assigned to them by the Law, and, unless the context otherwise indicates, words indicating the singular include the plural and conversely and also, unless the context otherwise indicates, the words hereunder shall have the following meaning—

"Law"

the Government Employees Pension Law, 1996;

"actuarial interest"

an amount representing the value of a member's benefits in the Fund based on his or her pensionable service, calculated in terms of rule 14.4.2;

[Definition inserted by Notice No. 499 of 11 April 1997]

"actuary"

any Fellow of an institute, faculty, society or chapter of actuaries approved by the Minister, appointed as the actuary of the Fund in terms of rule 4.8;

"agreement"

an appropriate written agreement concluded in negotiations between the employer and employee organisations;

"certified personnel register"

a register referred to in section 16(3) of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993);

[Definition inserted by Notice No. 423 of 31 March 2004]

"Correctional Services"

the Department of Correctional Services established in terms of section 2 of the Correctional Services Act, 1959 (Act No. 8 of 1959);

"D Factor"

a factor less than 1, determined by subtracting a number calculated in accordance with the undermentioned table from 10 000 and dividing the result by 10 000:

Table

[Definition inserted by Notice No. 499 of 11 April 1997]

"divorce debt"

in relation to a member means, in respect of a member who divorced prior to 1 August 2019 and whose former spouse was paid a portion of the member’s pension interest and which member notified the Fund in the prescribed period that he or she still wishes the divorce debt approach to be  applied to him or her, an amount equivalent to the amount of the pension interest assigned to the member's former spouse in terms of a divorce order or decree of dissolution of marriage accumulated from the date of payment to the former spouse to the date on which a benefit is paid to the member in terms of the rules together with the interest from the date of payment to the former spouse at the rate or rates determined from time to time by the Board as the rate or rates of interest payable in respect of monies owed to the Fund, adjusted by any amounts repaid to the Fund by the member to reduce this divorce debt;

[Definition substituted by rule 1 of Notice 399 of 2019, GG 42603, dated 31 July 2019]

"eligible child"

means the natural or adopted (as meant in the Child Care Act 74 of 1983 as amended) child of a member or pensioner or a deceased member or pensioner who:

[Definition inserted by Notice No. 1073 of 8 August 2003]

"education service"

the teachers or other persons as defined in the Educators' Employment Act performing education functions at a state educational institution, which is an institution (including an office controlling such institution), other than a university or technikon, that is wholly or partially funded by the State and in regard to which the remuneration and service conditions of such teachers or other persons performing education functions are determined by or in terms of a law;

"employee organisation"

"final salary"

a member's average pensionable emoluments during the last 24 months of his or her pensionable service, or during the whole period of such service, whichever period is the shorter;

[Definition substituted by Notice No. 499 of 11 April 1997]

"fund year"

the first day of April of a year up to the last day of March of the ensuing year;

"interest"

compounded interest at a rate as determined from time to time by the Board after consultation with the Actuary: Provided that different rates may be determined in respect of different rules;

"NSF Service"

the period between the date on which a former member of a non-statutory force or service joined his or her respective former forces or services (as reflected on his or her service certificate) and the date of their taking up employment, or entering into an agreement with or their attestation into the employer, provided that such service will only be recognised for the period after the former member of a non-statutory force or service attained the age of sixteen years, so that service prior to the age of sixteen years will not be regarded as NSF Service. In the case of a beneficiary of a former member of a non-statutory force or service, NSF Service means the period of NSF Service of the former member of a non-statutory force or service through whom the beneficiary is entitled to a benefit in terms of the Fund;

[Definition inserted by Notice No. 423 of 31 March 2004]

"orphan"

means an eligible child of whom both parents, natural or adopted, are deceased;

[Definition inserted by Notice No. 1073 of 8 August 2003]

"pensionable emoluments"

the basic annual salary of a member and any other emoluments to be recognised as pensionable emoluments, after an agreement has been reached between the employer and employee organisations taking into account the actuary's report on the financial implications regarding the inclusion thereof as pensionable emoluments;

"pension-retirement date"

the earliest date on which a member is entitled to retire in terms of section 19 of the Law with normal retirement benefits, i e without the application of an early retirement adjustment factor as envisaged in rule 14.3.3(b):  Provided that for the purpose of section 19(b) of the Law, it shall be the date when such member attains the age of 60 years;

[Definition substituted by Notice No. 499 of 11 April 1997]

"pensionable service"

subject to the provisions of rules 9 to 12—

Provided that a period of pensionable service shall be calculated by the year and any portion of a year shall be determined according to the proportion which the number of days in that portion of a year bears to 365 days or to 366 days in any leap year, whichever is applicable;

[Definition substituted by Notice No. 1073 of 8 August 2003]

"personnel list"

means a list referred to in the proviso to section 224(2) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) as amended by item 3 of Annexure D of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

[Definition inserted by Notice No. 423 of 31 March 2004]

"principal"

the Minister or the relevant employee organisations, as the case may be, who designate the trustees;

"Public Service Act"

the Public Service Act, 1994;

"responsible Minister"

the Minister: Provided that for the purposes of rules 4.2.2 and 4.2.3, it shall mean the Minister in consultation with the Ministers responsible for public service and Administration, Education, the South African National Defence Force, the South African Police Service and the State Security Agency;

[Definition substituted by section 1 of Notice No. 1434, GG47534, dated 18 November 2022]

"service certificate"

is the official document issued by the relevant non-statutory force or service which contains sufficient information, in the opinion of the Board, as proof of the member's period of service in such force or service;

[Definition inserted by Notice No. 423 of 31 March 2004]

"Services"

the South African National Defence Force, South African Police Service and State Security Agency as described in section 1 of the Law;

[Definition substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]

"spouse"

shall mean the following for the purpose of eligibility to benefits:

A person who is—

Provided that a member or pensioner—

Provided further that registration of a person as a spouse will be prima facie proof of being a spouse:  Provided further that a person who is not registered as a spouse may provide proof to the satisfaction of the Board that he or she is a spouse.

[Definition substituted by Notice No. 1073 of 8 August 2003]

"transfer benefit"

for purposes of the Annexure to the rules shall mean a transfer benefit to an approved retirement fund payable in terms of the provisions of the Annexure equal to the aggregate of—

subject to such transfer being subject to the rules of the approved retirement fund specifying that, with reference to the transfer benefit, any subsequent lump sum benefit payable by that fund or any successor fund to the member and/or his beneficiaries shall be limited to one third of the said transfer benefit, with interest. The balance of the member's transfer benefit with interest, after deduction of any lump sum payment referred to above, shall be applied for the purchase of an annuity, albeit immediately or upon the member's ultimate retirement.

[Definition inserted by Notice No. 1073 of 8 August 2003]

"the Board"

the Board of Trustees;

"trustee"

a person designated in terms of rule 4.1.2 and 4.1.4;

"unexpired period of service"

the period between the date on which a member ceases or would cease to be a member of the Fund and the date he or she would have attained the age of 60 years, or 65 years in the case of a member who holds an office referred to in rule 14.2.3(b)(iii)(BB) at the commencement date and who vacates such office at the end of such term of office;

[Definition substituted by Notice No. 499 of 11 April 1997]