Any expression used in this Agreement which is defined in the Labour Relations Act 66 of 1995, shall have the same meaning as in that Act, and any reference to an Act shall include any amendment to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females; further, unless inconsistent with the context—

"Act"

means the Labour Relations Act, 1995 (Act No.66 of 1995) and the Pension Funds Act, 1956, as amended, and the regulations made in terms of that act.

"Actuary"

shall mean the actuary appointed in terms of the rules of the fund.

"Administrators"

shall mean ALEXANDER FORBES FINANCIAL SERVICES, a division of Alexander Forbes Group (Pty) Ltd, appointed in terms of the rules.

"Approved Pension Fund"

shall mean a pension fund, other than a Preservation Pension Fund, approved as such by the Revenue Authorities for the purposes of rules of the fund.

"Approved Provident Fund"

shall mean a provident fund, other than a Preservation Provident Fund, approved as such by the Revenue Authorities for the purposes of these rules.

"Approved Retirement Annuity Fund"

shall mean a provident fund, other than a retirement Annuity Fund, approved as such by the Revenue Authorities for the purposes of these rules.

"Auditor"

shall mean the Auditor appointed in terms of the rules of the fund.

"Bargaining Unit"

shall mean all the employees falling within the Task Grades 1 to 9 as per Appendix D of the BCCEI Wage and Task Grade Collective Agreement.

"Calculation Date"

shall mean the date on which the Administrators, acting in terms of the agreed practice of the Fund, calculate the Member's benefit on the Members retirement, death or his leaving Service in terms of Rule 7 of the fund, or in order to transfer the Member's benefit from the Fund in any of the circumstances contemplated in the rules.

"Cross border work"

means work performed outside the borders of the Republic of South Africa.

"Eligible Employee"

shall mean an employee who:—

"Employer"

means any person whosoever, including a temporary employment service as defined in clause 198(1) of the Act, who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him or who permits any person whosoever in any manner to assist him in the carrying on or conducting of his business;

If the business of an employer is wound up for the purpose of reconstruction in a similar or amended form, the reconstructed organisation shall take the place of that Employer and the term 'Employer' in such case shall then mean the Employer as reconstructed.

"Financial Year"

shall mean the twelve month period ending on 31 October.

"Fund"

shall mean the CONSTRUCTION INDUSTRY RETIREMENT BENEFIT FUND.

"Fund Credit"

shall mean for each Member at any particular date the accumulated value of:—

"Fund Salary"

shall mean the Members basic hourly paid remuneration/weekly/monthly salary, excluding any overtime, bonuses or allowances; provided that:

"Hourly-rated employee"

means an employee whose remuneration is calculated on an hourly basis notwithstanding the frequency of the payment thereof, and who is not a salaried employee;

"Investment Return"

shall mean any income (received or accrued) including, if applicable, interest payable by the Employer in terms of Rule 4.1.3 and Rule 4.2.4, and capital gains and losses (realised and unrealised) of the Fund, less an allowance for any tax and such expenses (paid or accrued) as may be determined by the Trustees; provided that

"law"

includes the common law;

"Limited duration contracts of employment"

means an employer may employ an employee for a specified, limited contract period in terms of an activity or duration.

"Local Authority"

means a "Municipality" as defined in the Local Government: Municipal Systems Act; 2000;

"Member"

shall mean an Eligible Employee who, having been admitted to membership of the Fund accordance with these Rules, has not ceased to be a Member in terms of these Rules.

"National Negotiating Form"

shall mean the form at which negotiations occur between SAFCEC and the recognised Trade Unions.

"Normal Retirement Date"

shall mean the last day of the month in which a Member reaches age 60 years.

"Official"

shall mean an official of a Recognised Trade Union or SAFCEC.

"Operative Date"

shall mean the date on which the Employers participation in the Fund commences.

"Overtime"

means the time that an employee works during a day, or a week, in excess of the ordinary hours of work prescribed for such employee,but does not include work performed on a Sunday or a paid public holiday;

"Paid Public Holiday"

means any day that is a public holiday in terms of the Public Holiday Act, 1994 (Act No. 36 of 1994);

"Pay"

means payment of remuneration in cash, electronic transfer, by cheque or by other means;

"Permanent Employee"

means any employee who is not an employee employed in terms of a limited duration

contract;

"Piece-work"

means any system under which an employee's remuneration is based on the quantity of work done;

"Previous Fund"

shall mean an Approved Provident Fund or Approved Pension Fund in which any of the Employers participate or in which a previous Employer participated and from which a Member or a group of Members transferred in accordance with the provisions of Section 14 of the Act.

"Preservation Pension Fund"

shall mean an Approved Pension Fund recognised as a preservation fund, subject to the conditions set out by the Revenue Authorities from time to time.

"Preservation Provident Fund"

shall mean an Approved Provident Fund recognised as a preservation fund, subject to the conditions set out by the Revenue Authorities from time to time.

"Principal Officer"

shall mean the Principal Officer of the Fund appointed in accordance with the rules of the Fund;

"Public Holiday"

means New Year's Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill, as specified in Schedule 1 of the Public Holidays Act, 1994 (Act 36 of 1994):These shall include every day proclaimed as a public holiday in terms of Section 2A of the aforesaid Act. Provided that whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday;

"Recognised Trade Unions"

shall mean the Building Construction and Allied Workers Union (BCAWU) and the National union of Mineworkers (NUM)

"Registered Insurer"

shall mean an insurer registered in terms of the Long-term insurance Act, 1998.

"Registrar"

shall mean the Registrar of Pension Funds referred to in the Act, 1956.

"Revenue Authorities"

shall mean the South African Revenue Services.

"Rules"

shall mean these Rules and such alterations as may at any time be applicable;

"SAFCEC"

shall mean the South African Forum of Civil Engineering Contractors.

"Salaried Employee"

means an employee whose remuneration is calculated on a monthly basis notwithstanding the number of hours or days actually worked, who performs work generally understood to be that of a salaried employee, and who is not a "hourly-rated employee".

"Service"

shall mean employment with any of the Employers and shall include any period during which the Member is deemed to remain in Service in terms of Rule 8. Service shall include any past period of employment before joining the Service in respect of which benefits have been transferred to the Fund in terms of Rule 9.1 or in respect of which additional contributions have been made to the Fund in terms of Rule 4.3, the period of past service to be reckoned as Service for the purposes of the Fund shall in respect of an amount transferred to the fund be the relevant pensionable Service earned in respect of such amount, and in respect of additional contributions made to the Fund by either the Member or Employer in each twelve month period ending on the last day of February, bears to the total contributions made to the Fund for the same period by the Member of Employer, as the case may be.

"Short-time"

means a temporary reduction in the number of ordinary hours of work owing to vagaries of the weather, a slackness of trade, a shortage of materials, a breakdown of plant or machinery or a breakdown or threatened breakdown of structures, or any unforeseen contingencies and/or circumstances beyond the control of the employer or a temporary reduction in the number of ordinary hours of work owing to riots, unrest or acts of terrorism or disorder, which directly affect the employer's ability to provide work;

"Wage"

means the amount of money payable to an employee in respect of the ordinary hours of work. Provided that—

"Trustee"

shall mean the Trustees or their alternates appointed or elected in terms of the rules of the Fund;

"Civil Engineering Industry"

means the industry in which employers (other than local authorities) and employees are associated for the purpose of carrying out work of a civil engineering character and includes such work in connection with one or more of the following activities:

Excluding the following: