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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension to Non-parties of the Consolidated Provident Fund Collective Amending Agreement

5. Membership

 

(1) Each employee who becomes an employee falling within the scope of this Agreement and or after the date of coming into operation of this Agreement shall be required to choose either to become a member of this Fund or a member of the Engineering Industries' Pension Fund. Such choice shall be made on the date on which he becomes an employee falling within the scope of this Agreement. Membership of the relevant Fund shall commence on that date.

 

(2) If an employee to whom sub-clause (1) applies does not choose either to become a member this Fund or a member of the Engineering Industries Pension Fund on the date on which he becomes an employee falling within the scope of this Agreement, he shall be required to become a member this Fund.

 

(a) All other employees shall be deemed to be members of this Fund:

Provided that where any Main Agreement has expired, the last reference shall be to the most recently expired Main Agreement.

 

(3) An employee to whom sub-clause (1) and/or (2) applies shall be entitled for a period of three months from the date on which he becomes an employee falling within the scope of this Agreement to withdraw from membership of this Fund in order to become a member of the other Fund.

 

In such case, membership of the Fund to which the employee transfers shall be made retrospective to the date on which contributions commenced to this Fund, and the benefits earned in the name of the employee concerned shall be transferred to the Fund chosen in terms hereof. There shall be no refund of contributions to either the employee or employer.

 

The right of an employee to transfer membership in terms of this sub-clause shall terminate on the expiry of the above three-month period.

 

(4) If an employee who has become a member of this Fund ceases to fall within the scope of this Agreement as a result of his ceasing to be in service in the Industries or as a result of a specific exemption under sub-clause 9 of this Agreement, but subsequently falls within the scope of this Agreement, then—
(a) if his benefit under this Fund or the Group Pension Fund (prior to 1 May 1991) has been paid out, he shall not have the choice provided for in sub-clause (1);
(b) if his benefit under this Fund or the Group Pension Fund (prior to 1 May 1991) has not been paid out, he shall not have the choice provided for in sub-clause (1), but shall automatically become a member of the Fund of which he was previously a member.

 

(5) If an employee terminated his membership of this Fund or the Engineering Industries' Pension Fund prior to 1 May 1991 and subsequently falls within the scope of this Agreement or the Engineering Industries Pension Fund Agreement, then regardless of whether or not his benefits under the above funds have been paid out, he shall become a member this Fund.

 

(6) The provisions of sub-clauses (2) and (3) shall also apply to an employee referred to in sub-clauses (4)(a) and (5).

 

(7) Except as provided in this clause, an employee who remains in service in the Industries and continues to fall within the scope of this Agreement may not withdraw from membership of the Pension Fund or Provident Fund unless unconditionally exempted under clause 9 of this Agreement.