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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of National Pension and Provident Funds Collective Agreement to Non-parties

10. Pension and Provident Funds (Region D only)

 

(1)

(a) The Electrical Contracting Industry Provident Fund (Cape) and the Electrical Contracting Industry Pension Fund (Cape) (hereinafter referred to as the "Pension and Provident Funds: or the "Fund") originally established on 20 March 1997 in terms of Government Notice No. R431 and 3 December 1971 in terms of Government Notice No. R2169 respectively, is hereby continued and shall consist of—
(b) moneys accruing from contributions as prescribed in this Agreement and in terms of the rules of the funds; and
(c) any other sum to which the Fund may be or may become entitled.

 

(2) The objects of the Fund shall be to provide members with benefits upon withdrawal, death, funeral, disability, and retirement from the Industry. The Council will ensure that the Fund provides members with these benefits. In the event that any benefit is not provided for by the Fund the Council will secure these benefits. The death benefits will be distributed in terms of Section 37C of the PFA.

 

(3)

(a) Membership of the Fund shall be compulsory for all master installation electricians, installation  electricians, electrical testers for single phase, electricians, artisans, domestic appliance mechanics, Elconops 3, Elconops 2, Elconops 1, storeman, drivers, electrical assistants, and apprentices.
(b) Any employer may, in respect of his employees employed in the Industry whose wages are not specified in the Main Agreement but who otherwise comply wit the provisions of the Agreement, by mutual agreement, apply to the Fund to accept contributions from himself and such employees (or any of them).

Upon receipt of such application, the Council may agree to receive contributions from that employer and the provisions of the Agreement shall thereupon mutatis mutandis apply to the employer and the employees concerned and be observed by them as though clause 1 of Part 1 of the Main Agreement is applicable.

 

(4)

(a) Each employer shall each week deduct from the wages of his employees who are members of the Pension and the Provident Funds an amount equivalent to 7,5% of the actual wages earned, excluding overtime. To the amount thus deducted tile employer shall add an equal amount and forward it to the Regional Manager of the Council, not late than the 15th day of each month for the month preceding, the total sum together with such form as may be specified by the Council from time to time.

Such contributions shall be calculated based on a 40 (forty) hour working week.

Pension and Provident Fund benefits will be paid for by the Council in terms of its Sick Benefit Fund Rules.

 

(b) Contributions to the Pension and/or Provident Funds for any member shall b remitted for a maximum of three weeks during the member's annual leave period as provided for in clause 16(1) of the Main Agreement. Provided that if the member has been in service for at least five years with same employer, contributions shall be for a maximum period of four weeks.

 

(c) All contributions received by the Council in terms of this sub-clause shall be paid to the funds administrator.

 

(d) Should any amount due in terms of this clause not be received by the Council by the 15th day of the month following the month in respect of which it is payable, the employer shall pay interest on such amount or on such lesser amount as remains unpaid calculated by the funds administrator as prescribed by the Registrar in terms of Section 13A (7) of the Pension Funds Act, 1956, as amended, until the day upon which payment in cash is actually received by the Council:

 

(5) Benefits payable to a member of the Pension and the Provident Funds shall be as specified in the rules.

 

(6)

(a) The Funds shall be administered in accordance with Fund Rules approved by the Trustee Board. This agreement shall not be inconsistent with the rules or the provisions of the PFA nor shall the Funds rules be inconsistent with the Council's collective agreements in so far as members' terms and conditions of employment are concerned. A copy of the rules and any amendments thereto shall be lodged with the Registrar of Pensions and the Registrar of Labour.
(b) In the event of the dissolution of the Council or in the event of it being unable to perform its duties, the Registrar may appoint trustees to ensure continuity of the funds.

The trustees so appointed shall have no powers to change members' terms and conditions of employment that existed immediately prior to dissolution of the Council or as a result of it being unable to perform its duties. Payment (if any) for the services rendered by the trustees shall form a charge upon the Funds.

(c) The Trustee Boards shall be appointed in terms of the Rules of the Funds.
(d) In the event of the expiration of the Council's Main Collective Agreement and this agreement, the funds shall continue to operate in terms of their rules.