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

Notices

Bargaining Council for the Furniture Manufacturing Industry

KwaZulu Natal

Extension to Non-Parties of the Provident Fund and Mortality Benefit Association Collective Agreement

Chapter l

4. Administration

Purchase

1	The Provident Fund shall be administered by the Board in terms of the requirements of the Pension Funds Act. The Board of the Provident Fund may enter into a written agreement with the council to provide administration of the Provident Fund in line with the requirements of the Pension Funds Act.

The Council as the Administrator of the Provident Fund as authorised by the Board, shall appoint an auditor, a Secretary and staff on such terms and conditions as it may deem fit and may vary such appointments, arrange and provide for premises, office furniture and equipment for the administration of this collective agreement in relation to the Provident Fund in compliance with the Pension Funds Act.

(a)

The control and management of funds by the Council shall be vested in a Management Committee consisting of the Chairperson and Vice-Chairperson of the Council, together with four employer and four employee representatives, who shall be delegates to the Council and shall be appointed by the Council on to the Management Committee. For each representative, an alternate shall be appointed by the Council from its Members. The Chairperson and Vice-Chairperson of the Council shall be the Chairperson and Vice -Chairperson of the Management Committee, respectively.

(b)

The Council shall have the authority to prescribe alter or amend its own rules of procedure for the Management Committee, provided that such rules or any amendments thereto, shall not be inconsistent with the provisions of the Rules of the Fund, this collective agreement or with the provisions of any Act.

All expenses incurred for the purpose of the administration of either the Provident Fund or the Mortality Benefit Association, shall be a charge against either fund or alternatively the Council may charge a fee for the administration of either the Provident Fund or Mortality Benefit Association, in which case the details of such arrangement shall be encapsulated in an Administration Agreement between that particular fund or association and the Council.

4	The Council shall collect and receive all revenue of the Provident Fund and the Mortality Benefit Association and shall deposit all monies so received into a bank account opened in the name of the Provident Fund or the Mortality Benefit Association.

5	In particular the Committee may—

(a)	realise, sell or otherwise dispose of or deal with any of the assets of the Mortality Benefit Association;

(b)	contract with an insurance company registered in terms of the insurance Act, 1943 (Act No. 27 of 1943), to underwrite all or any of the benefits specified in clause 19 regarding the Mortality Benefit Association.

6	Should a dispute arise at any time as to the administration of either the Provident Fund or the Mortality Benefit Association in regard to which members of the Management Committee are equally divided, the matter shall be referred to the Council for decision.

With reference to the Mortality Benefit Association, every employer shall notify the Secretary of the Council of the death of any member in his employ. The Secretary shall, as soon as possible upon receiving information from any source of the death of a member, notify the dependant(s) by letter or circular, stating the last known place of work of the deceased member and that benefits may be claimed upon application at an address specified by the Management Committee.

The Council shall be entitled to recover from an employer, on the appropriate attorneys' and client scale, all monies disbursed by it in respect of legal fees and expenses incurred for the recovery of any monies deducted by an employer from any monies due to an employee, but not paid over to the Council by such employer in terms of this Agreement.