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

Notices

Motor Industry Bargaining Council (MIBCO)

Motor Industry Sick, Accident and Maternity Pay Fund Rules, 2019

5. Benefits

 

5.1 Qualification for Benefits

 

Subject to the provisions of paragraph 5.1.1 herein, a member shall become eligible for the sickness, accident and maternity benefits detailed in these Rules as soon as he has been a member as defined in Rule 2 of these Rules for 13 consecutive weeks. No benefits shall be paid to any members in respect of absences from employment which occurred prior to such qualification or subsequent to the date upon which membership ends in terms of Rule 4.3. provided that:

 

5.1.1 No more than one day for every 30 days of employment during the waiting period, members of the Motor Industry Staff Association shall be entitled to Sickness Pay benefits in terms of Rule 5.2 herein, on an accrual basis, subject that, in order to qualify for this benefit, members of the Motor Industry Staff Association shall submit acceptable proof of illness for such days in relation to which benefits are claimed.

 

5.2 Sickness Pay

 

5.2.1 A member of the Motor Industry Staff Association, who has qualified for benefits in terms of Rule 5.1 may be paid by the Fund, 100 percent of the member’s ordinary daily remuneration, in respect of any working day on which he/she was prevented from working by sickness not exceeding in the aggregate, however, 10 days’ sickness pay in any Fund Year and thereafter, 50 percent of the member’s ordinary daily remuneration, in respect of any working day on which he/she was prevented from working by sickness not exceeding in the aggregate, however, 5 days’ sickness pay in any Fund Year.

 

5.2.2 A Voluntary member, who has qualified for benefits in terms of Rule 5.1 may be paid by the Fund, 75 percent of the member’s ordinary daily remuneration, in respect of any working day on which he/she was prevented from working by sickness not exceeding in the aggregate, however, 15 days’ sickness pay in any Fund Year.

 

5.3 Accident Pay

 

5.3.1 A member who has qualified for benefits in terms of Rule 5.1 and who is unable to carry on his normal employment through injuries sustained in an accident as defined in these Rules, or through dermatitis contracted in the course of his employment, shall be entitled to claim accident pay from the fund provided the absence from work occurs within twelve calendar months after the date of the accident.

 

5.3.2 Accident pay shall be at the rate of 75 percent of the member’s ordinary daily remuneration, in respect of any working day in which he was as so certified by a registered medical practitioner, prevented from working through an accident, not exceeding in the aggregate, however, 40 days’ accident pay in any Fund Year.

 

5.4 Maternity Benefits

 

A female member who has qualified for benefits in terms of Rule 5.1 may be paid by the Fund 30 percent of the member’s ordinary daily remuneration, in respect of working days on which she was prevented from working due to her pregnancy as so certified by a registered medical practitioner, not exceeding in the aggregate however, 17 weeks for any confinement.

 

5.5 NOTE: Payment of benefits for a portion of a day shall be made at the rate prescribed for a full working day where such period of absence from work extends to half a working day or longer.

 

5.6 RMI Employee Death and Funeral Benefits

 

A member shall become eligible for the death and funeral benefits provided for in terms of the Agreement and these Rules upon becoming a member of the Fund and upon the RMI Employer having contributed 8 consecutive weeks immediately preceding the date of death, in respect of the said death and funeral benefits.

 

In the event of the death of a member or a dependant of a member, and provided that the member has qualified for death and funeral benefits in terms of Rule 5.6,

 

5.6.1. the following FUNERAL BENEFIT(S) shall be paid:
5.6.1.1 R10 000.00 in the case of the member’s death;
5.6.1.2 R10 000.00 in the case of the death of the member’s spouse;
5.6.1.3 R10 000.00 in the case of the death of a child of the member, which child is older than 18 years and is studying full time;
5.6.1.4 R10 000.00 in the case of the death of a child of the member, which child is between the ages of 14 years and 18 years;
5.6.1.5 R7 000.00 in the case of the death of a child of the member, which child is younger than 14 years.
5.6.1.6 R7 000.00 in the case of the still-birth of a child of the member.

 

NOTE: Funeral benefits of R10 000.00 shall be limited to the payment of 3 claims (which shall include the payment of the funeral benefit for the member) per annum and in the event of Funeral benefits of R7 000.00 as per clause 5.6.1.5 a limitation of 2 claims per annum shall be applicable.

 

5.6.2. The following DEATH BENEFIT shall be paid:
5.6.2.1 R15 000.00 in the case of the member’s death.

 

5.6.3. The aforesaid funeral and death benefits shall be in addition to any other death and funeral benefits that the member or dependant of the member may receive from any other source, including the Rules of the Motor Industry Sick, Accident and Maternity Pay Fund.

 

5.6.4. In the event that a MISA member is entitled to a death and funeral benefit as set out above in terms of these Rules, the said benefits shall be paid by MISA from the MISA Benefit and Funeral Fund administered by MISA for its members.

 

5.6.5. In the event that a Voluntary member is entitled to a death and funeral benefit as set out above in terms of these Rules, the said benefits shall be paid from the RMI Employee Benefit Fund Account as administered by MISA.

 

5.7 Death and Funeral Benefit claims shall be submitted to MISA within 26 weeks from death of the member and/or his/her dependant on the prescribed form set out in Annexures E and F.

 

5.8 In order to qualify for death and funeral benefits a Voluntary member shall complete the Application form in Annexure D and nominate his/her beneficiary for payment of the death benefit. Application forms shall be emailed, faxed or posted to MISA as per the details set out in Rule 3.2.

 

5.9 The death and funeral benefits provided for in these Rules may be increased by a joint resolution of MISA and the RMI subject to certain terms and conditions and at such intervals as they deem necessary.