Seychelles Pension Fund (Benefits) Regulations, 2005

This is the version of this Statutory Instrument as it was from 31 December 2007 to 31 December 2007. Read the latest available version.
Jurisdiction
Seychelles
Citation
Statutory Instrument 46 of 2005
Primary work
Seychelles Pension Fund Act, 2005
Date
Language
English
Type
Legislation
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Seychelles
Seychelles Pension Fund Act, 2005

Seychelles Pension Fund (Benefits) Regulations, 2005

Statutory Instrument 46 of 2005

  1. [Amended by Seychelles Pension Fund (Benefits) (Amendment) Regulations, 2007 (Statutory Instrument 4 of 2007) on 26 February 2007]
  2. [Amended by Seychelles Pension Fund (Benefits) (Amendment) Regulations, 2007 (Statutory Instrument 19 of 2007) on 13 August 2007]
  3. [Amended by Seychelles Pension Fund (Benefits) (Amendment) (No.2) Regulations, 2007 (Statutory Instrument 45 of 2007) on 31 December 2007]
In exercise of the powers, conferred by section 68 of the Seychelles Pension Fund Act, 2005 the President, acting as the Minister responsible for Finance hereby makes the following Regulations—

Part 1 – Preliminary

1. Citation and commencement

These Regulations may be cited as the Seychelles Pension Fund (Benefits) Regulations, 2005 and shall come into operation on 1st January 2006.

2. Interpretation

(1)In these Regulations—"approved form" means a form provided by the Chief Executive Officer, or such other form which the Chief Executive Officer may in any particular case approve, for the purpose of claiming a gratuity, allowance or pension under these Regulations;"business" means a business in terms of the Business Tax Act;"child" means—(a)a legitimate child;(b)a natural but recognised child;(c)an adopted child;(d)a child pursuant to an affiliation order of a court or the Family Tribunal; or(e)a child whose paternal descent has been proved under Article 340 of the Civil Codeof a member, who is under 18 years old or who is under 25 years old and still in full time education;"children's pension" means a monthly pension payable to a child of a deceased member or the guardian of the child for the maintenance of the child;"guardian" means a person appointed—(a)as guardian of a child by a parent under Article 397 of the Civil Code; or(b)as guardian of a child by the Court under Article 402, or(c)as a sub-guardian of a child by the Court under Article 420 or 422 of the Civil Code,and includes—(i)any person to whose care a child is committed under or by virtue of a court or the family tribunal order; and(ii)any person who, in the opinion of a court or the family tribunal for the time being has daily charge of or control over a child;"invalid" means a person who in the opinion of the Medical Board is incapable of work as a result of a disease or bodily injury which is likely to remain permanent;"maintenance or maintaining" means contributing to the household expenses and/or daily needs of an applicant, financially or otherwise, as one of the main contributors to the aforesaid expenses and needs and contribution in this definition includes being the main person, doing the laundering, cooking or cleaning for a member or caring for his child, without being paid any salary for the aforesaid services;"prescribed retirement age" means the prescribed age for retirement under the Social Security Act (Cap 225)"salary" means remuneration in money payable in respect of employment including any supplementation and commuted allowances attached to the post.[subregulation (1), previously regulation 2, renumbered by regulation 2(a)(i) of Statutory Instrument 19 of 2007]
(2)Where a reference to "average salary" in relation to a period of 5 years is made in any regulation, but due to the absence of the relevant records for the whole period such average salary cannot be determined in a particular case, the Chief Executive Officer may treat the average salary based on the records that are available as the proper "average salary" in such case for the purpose of that regulation.[subregulation (2) added by regulation 2(a)(ii) of Statutory Instrument 19 of 2007]

Part II – General

3. Application for pension, gratuity or allowance

(1)An application for a pension, gratuity or allowance shall be made in an approved form and within the time limits specified in these Regulations.
(2)Where it appears to the Chief Executive Officer that a person who has made an application for a pension, gratuity or allowance is entitled to a pension, gratuity or allowance other than the one specified in the application, the Chief Executive Officer may with the approval of the applicant treat the application as an application for the pension, gratuity or allowance to which the person is entitled.
(3)An applicant for a pension, gratuity or allowance, who due to an incapacity is unable to act, may authorise in writing any other person to act on his behalf in respect of his application and for his pension, gratuity or allowance to be made out to or collected by the authorised person or to be paid into the account of the authorised person, which authorisation shall be attested by 2 adults not being the authorised person.
(4)The Chief Executive officer shall upon receipt of an authorisation under subregulation (3) make all the necessary enquiries, including contacting the witnesses to the authorisation and shall keep a written record of his enquiries and findings, in order to satisfy himself that the authorisation is a genuine one and the applicant has not given it under duress.

4. Supporting evidence etc.

A person applying for a pension, gratuity or allowance shall, in addition to any certificate, document or evidence he is required to furnish under any other provision of these Regulations, furnish such other certificate, information and evidence as the Chief Executive Officer may require in any particular case, and shall, if reasonably required, attend at such place and time as the Chief Executive Officer may require, for the purpose of the determination of the claim.

5. Nomination of beneficiary

(1)A member making any nomination under these Regulations may nominate one or more persons to be paid his benefits in accordance with these Regulations in the event of the member's death prior to his retirement.
(2)The nomination shall be made in the approved form attested by 2 adults other than the nominee.
(3)A nomination may be changed at anytime but the last nomination shall always supersede the earlier one whether formally revoked or not.
(4)A member who makes any voluntary contributions to the Fund, may at any time prior to his death subject to Regulation 7, nominate in the approved form any person to be entitled to his voluntary contribution if any, standing to his credit in the Fund at the time of his death prior to his retirement and such nominated person shall be entitled to the aforesaid contribution upon the member's death prior to his retirement.
(5)Where a member fails to make any nomination under subregulation (4), his heirs shall subject to regulation 7, be entitled to any voluntary contribution, standing to his credit in the Fund.

6. Time limits for claim

(1)Where an application for a pension, gratuity or allowance is referred back to the applicant because it is defective, incomplete or without the supporting documents, the applicant shall provide the required information and re-submit the application for consideration before it can be processed.
(2)Where upon an application, the Chief Executive Officer wishes to be fully satisfied that an application, allegation or statement made is genuine, he may carry out an investigation to obtain proof of the said allegation or statement.

7. Use of voluntary contribution as a security

Where a member has notified the Chief Executive Officer in writing of his decision to use his voluntary contribution as a security for a housing loan or a loan for medical treatment and a security provided the Chief Executive Officer with details of the loan transaction, if the loan has not been repaid in full at the time of his death or retirement, the voluntary contribution shall not be refunded or taken into account for calculation of the member's retirement pension under regulation 13 until proof is provided to the Chief Executive Officer of the discharge of the loan.

Part III – Retirement pension

8. Entitlement to retirement pension

(1)A member who qualifies for a retirement pension under section 33 of the Act shall, if he has resided in Seychelles for continuous period of at least 5 years immediately prior to his retirement unless such requirement is waived by the Board, be entitled to a retirement pension for life upon retirement at the age of 60 or above, calculated on the member's average salary for the last 5 years preceding his retirement and payable in accordance with Schedule 1.Provided that the requirement of residence in Seychelles for a continuous period of at least 5 years immediately prior to retirement shall not apply to a member who pays contributions under section 18(4A) of the Act.[proviso inserted by regulation 2(a)(i) of Statutory Instrument 19 of 2007]
(1A)Where a member satisfies the Chief Executive Officer that—
(a)the member has ceased to be employed on attaining the age of 55 or later, or after paying contribution to the Social Security Fund or the Seychelles Pension Fund for a minimum of 20 years in the aggregate, and
(b)the member's salary on being re-employed is less than the member's average salary for the five years immediately prior to attaining such age, or completing the payment of contribution for such minimum period, as is referred to in paragraph (a),
the salary based on which the member's pension on retirement is calculated is the highest annual salary earned by the member during the last 5 years of employment.[subregulation (1A) inserted by regulation 2(a)(ii) of Statutory Instrument 19 of 2007]
(2)A member referred to in subregulation (1) shall, upon his application for his retirement pension under these Regulations being granted, be simultaneously entitled to the retirement pension provided for under the Social Security Act notwithstanding that he may not have attained the prescribed retirement age.
(3)Where a person, being a member or otherwise,
(a)who is above the age of 51 years and is a registered or licensed self-employed person, or
(b)who is employed under the Home Carer Scheme, the Unemployment Relief Scheme, or the Beautification Scheme administered by the Social Security Fund,
at the time of coming into operation of the Act and remains so employed until retirement, but at the time or retirement does not qualify for a retirement pension by reason of not having contributed to the Fund or the Social Security Fund for the minimum period referred to in section 33 of the Act, the person shall however be paid a retirement pension in accordance with Schedule 1, subsidised with funds provided from the Constolidated Fund.[subregulation (3) substituted by regulation 2(a)(iii) of Statutory Instrument 19 of 2007]
(4)Where a member has received more than one salary per month prior to retirement the member's retirement pension shall be based on the average of the total salaries earned over the period of 5 years preceding retirement, provided that the member has paid Pension Fund contributions on each of those salaries. If the member had paid such contributions on one salary, then the pension shall be based on the average of that salary for the 5 years preceding the member's retirement.[subregulation (4) substituted by regulation 2(a)(iv) of Statutory Instrument 19 of 2007]
(5)Notwithstanding anything in these Regulations, a member or a person who does not qualify for a retirement pension under these Regulations shall upon attaining the prescribed retirement age be entitled to the retirement pension payable for the time being under the Social Security Act and to any contributions standing to the credit of the member in the Fund at the date of the member attaining the prescribed retirement age together with any interest thereon, as a lump sum payment.

8A. Early retirement

(1)A member of the fund—
(a)serving in the Seychelles People's Defence Force may with the approval of the Chief of Defence Force, retire from service on or after attaining the age of 55 years;
(b)who is an employee of the government or a parastatal organisation may with the approval of the Principal Secretary, responsible for Public Administration, retire from service on or after attaining the age of 55 years.
(2)Where a member under subsection (1) qualifies for a pension under section 33 of the Seychelles Pension Fund—
(a)the Chief of Defence Force or a person authorised by him; or
(b)the Principal Secretary, responsible for Public Administration,
as the case may be, shall forward to the Chief Executive Officer for payment of the member's monthly retirement pension, the following documents namely—
(i)a letter of approval of the member's retirement;
(ii)a duly completed application form for retirement pension;
(iii)a birth certificate;
(iv)a detailed member's salary for the past five years; and
(v)a national identity card.
[regulation 8A inserted by regulation 2(a) of Statutory Instrument 45 of 2007]

8B. Funding of early retirement

The funds for payment of pensions on early retirement purposes—
(a)from the age of 55 to 59 years in respect of members of the Seychelles People Defence Force; and
(b)from the age of 55 to 59 years in respect of government and parastatal employees,
shall be provided to the Fund by the Government.[regulation 8B inserted by regulgation 2(a) of Statutory Instrument 45 of 2007]

8C. Application of early retirement for government and parastatal employees

(1)The provisions of section 8A shall apply to members who are either government or parastatal employees from 1st January, 2008 up to 31st December, 2008.
(2)Any application made by a member for purposes of early retirement which is not approved or which was made after 31st December, 2008 shall be considered on the applicant attaining the age of 60 years.
(3)The provisions of regulation 8A in the case of defence service personnel shall be applicable from 1st November, 2007.
[regulation 8C inserted by regulation 2(a) of Statutory Instrument 45 of 2007]

8D. Re-employment of early retired members

Where a member of the Seychelles People Defence Force or an employee of government or a parastatal organisation—
(a)who retire early under regulation 8A and is subsequently re-employed, the member or employer, shall be liable to pay the pension fund contribution by a monthly deduction from the member or employee's salary as the case may be;
(b)leaves such re-employment, the pension shall be recomputed based on the member or employee's—
(i)yearly average highest salary on re-employment; or
(ii)highest yearly average salary,
that person was drawing from the Seychelles People Defence Force or from the government service, or parastatal organisation, whichever is the greater.
[regulation 8D inserted by regulation 2(a) of Statutory Instrument 45 of 2007]

9. Salary that is to be used for self-employed member's pension

(1)Where a member has left employment and thereafter within a period of 90 days commenced his or her own business as a registered or licensed self-employed person, within less than 5 years prior to retirement, his retirement pension shall be based on the average of his declared salary he was earning for the last five years as a self-employed person and an employee.
(2)Where a self-employed member does not declare a salary, the monthly average salary for determining his retirement pension shall be the average yearly profit declared with the Taxation Division for business tax calculation during the period of 5 years preceding retirement divided by 12.
(3)Where no such profit has been made or no such record is available, the average monthly salary for the purpose of calculating the retirement pension shall be R2,000.

10. Salary that is to be used for member who is not working at retirement

Where a member who already qualifies for a pension under section 33 of the Act, leaves employment and thereafter does not take up any employment no further contributions are made to the Fund, until his retirement, the member shall on retirement be entitled to a retirement pension based on his average salary he was earning for the last five years as an employee or as a self-employed person prior to leaving employment.

11. Application for retirement pension

(1)An application for retirement pension shall be made in the approved form to the Chief Executive Officer within 10 years from the date of the member's retirement accompanied by the following documents—
(a)Birth certificate;
(b)Member's salary details for the past five years;
(c)National Identity Card;
(d)Retirement letter from employer or Certificate of employment.
(2)In the case of a self employed member, the following additional documents are required—Certified copy of registration or licence as a self employed person for the period of self employment; andCertificate of business tax payable, if available, over a period of five years preceding retirement.
(3)A retirement pension shall become payable within 21 days from the date that it is applied for and no retirement pension shall be backdated notwithstanding that the member became entitled to it prior to making the application for it.

12. Rates of pension for members who retired or turned 63 years old during the year 2005

(1)Pursuant to section 41 of the Act a member of the Seychelles Pension Scheme who retired during the year 2005 shall be deemed to have retired on the 1st of January 2006 and shall with effect from January 2006 be entitled to a retirement pension—
(a)at the rate of R.400 if the member has already been refunded his mandatory contributions by the Seychelles Pension Scheme; or
(b)in accordance with Schedule 1 based on his average salary for the last 5 years prior to retirement if the member has not already been refunded his mandatory contributions by the Scheme or having already been refunded his mandatory contributions, the member pays back, to the Fund his mandatory contributions that he had been refunded.
(2)Where a member of the Seychelles Pension Scheme who attained the prescribed retirement age, prior to the coming into operation of the Act but continued in employment he shall upon retirement be entitled to a retirement pension in accordance with subregulation (1)(a) or (1)(b) as the case may be.

13. Payment of voluntary contributions by lump sum on retirement or included in retirement pensions

(1)Subject to Regulation 7, a member shall be entitled to receive his voluntary contributions standing to his credit in the Fund with any interest thereon in a lump sum upon—
(a)retirement; or
(b)attaining the prescribed retirement age:
Provided that a member may opt in the approved form to the Chief Executive Officer for his voluntary contributions to be included in his retirement pension and that member's retirement pension shall, subject to regulation 7, in addition to his retirement pension under regulation 8 also include an amount based on his voluntary contributions calculated and paid in accordance with Schedule 2.
(2)An application for the lump sum payment of voluntary contributions shall be made on the approved form to the Chief Executive Officer.

Part IV – Pre and post retirement death gratuities

14. Pre retirement death gratuity

(1)Where a member dies prior to retirement and does not qualify for a retirement pension under section 33 of the Act and at the time of his death he has a surviving spouse, his spouse and in the absence of a surviving spouse, his children if any shall subject to regulation 7 be entitled to a pre-retirement death gratuity equivalent to the sum of the member’s mandatory and voluntary contributions standing to the member’s credit in the Fund at the time of his death together with any interest thereon.
(2)Where a member dies prior to retirement whether or not he qualifies for a retirement pension under section 33 of the Act and at the time of his death he has no spouse, or children, his nominated beneficiary, or if he has not made any nomination, his dependant if any who he has been maintaining for at least 3 years prior to his death and in the absence of any of the aforementioned, his heirs shall subject to regulation 7 be entitled to a pre-retirement death gratuity equivalent to the sum of the member's mandatory and voluntary contributions standing to the member's credit in the Fund at the time of his death together with any interest thereon.

15. Post-retirement death gratuity

Where a member who was receiving a retirement pension dies his surviving spouse shall subject to regulation 7 be entitled to a post-retirement death gratuity equivalent to one month of the deceased member's retirement pension:Provided that if immediately prior to his death the deceased member was maintaining his legally married spouse and at the same time maintaining another spouse, the legally married spouse shall be the one entitled to the post-retirement death gratuity.

16. Application for pre or post-retirement gratuity

(1)An application for a pre or post retirement death gratuity shall be made in the approved form to the Chief Executive Officer within 10 years of the member's death accompanied by the following documents—
(a)Death certificate of member or a certified copy thereof;
(b)National Identity Card of the applicant;
(c)Copies of any will or power of attorney of the deceased member if any; and
(d)An affidavit in support of the application if the applicant is not the nominated beneficiary.
(2)The supporting affidavit shall state the relationship of the applicant to the deceased member, and in the case of the applicant being a dependant, how and for how long the deceased member has been maintaining the applicant.
(3)A pre or post-retirement death gratuity shall become payable within 21 days from the date that it is applied for.

Part V – Migration allowance

17. Entitlement to migration allowance

A member may apply for a migration allowance if the member has migrated or is about to migrate from Seychelles to another country as a permanent resident of that country before retirement.

18. Rate of allowance payable

The migration allowance shall subject to regulation 7 be the sum standing to the member's credit in the Fund on the date of migration inclusive of both mandatory and voluntary contributions and interest thereon.

19. Application for migration allowance

(1)An application for a migration allowance shall be made in the approved form within 3 months prior to migration or at any time after migration but in any event within 10 years of the member attaining the prescribed age accompanied by the following documents—
(a)National Identity Card of the member;
(b)Resident certificate or permit of the member in respect of the country to which he is migrating;
(c)Certified copy of the member's passport;
(d)An affidavit in support of the application.
(2)The supporting affidavit shall state the decision of the member to migrate, or the fact that the member has already migrated to a specified country, the address of the member in the country of migration, any offer of employment the member has there, or such other proof of residence in the country of migration.
(3)A migration allowance shall become payable within one month from the date that it is applied for.

20. Member who returns from migration to start contribution fresh

A member who has been paid a migration allowance under this Part shall not be entitled to a retirement or incapacity pension nor shall his spouse or children be entitled to a surviving spouse pension or children's pension as the case may be unless the member has rejoined the Fund after his migration and thereafter contributed a minimum often years continuous contribution to the Fund immediately prior to retirement or an aggregated of 20 years of contribution to the Social Security Fund prior to retirement notwithstanding that the member may have qualified for the aforesaid pension prior to his migration.

Part VI – Permanent incapacity pension

21. Entitlement to incapacity pension

A member who prior to attaining the age of 60 years is certified by a Medical Board appointed under the Act to be an invalid, and who at the time of certification notwithstanding his age qualifies for a retirement pension under section 33 of the Act, shall be entitled to an incapacity pension for life or for such period as the Medical Board may recommend.

22. Rates of incapacity pension payable

(1)The incapacity pension shall be based on a percentage of the member’s average salary for the period of five years prior to being certified an invalid under regulation 21 as stipulated in Schedule 3 to these Regulations.
(2)In the case of a self employed member, the salary to be used for calculation of his incapacity pension shall be calculated in accordance with regulation 9.
(3)In the case of a member who at the time of invalidity is unemployed but who nevertheless notwithstanding his age qualifies for a retirement pension under section 33 of the Act, the salary to be used for calculation of his incapacity pension shall be based on the salary he was earning for the last five years as an employee or as a self-employed person prior to stopping work.
(3)A member who at the time he attains retirement age is already receiving an incapacity pension, shall continue to receive such a pension and shall not be entitled to a pension under the Social Security Act nor to a retirement pension under this Act.[Please note: numbering as in original.]
(4)Where the Minister responsible for Finance approves an increase in social security retirement pension under the Social Security (Benefits) Regulations, the Chief Executive Officer shall grant an increase of an equal amount to every person drawing a permanent incapacity pension from the Seychelles Pension Fund.[subregulation (4) added by regulation 2 of Statutory Instrument 4 of 2007]

23. Member who does not qualify for incapacity pension

(1)Where a member who has been certified an invalid under regulation 21 does not qualify for a retirement pension under these Regulations, he may be referred for an invalidity pension under the Social Security Act and he shall upon attaining the age of 60 years subject to regulation 7 be entitled to his mandatory and voluntary contributions standing to his credit in the Fund at the time of his invalidity together with any interest thereon, as a lump sum payment.[subregulation (1) amended by regulation 2(a)(v) of Statutory Instrument 19 of 2007]
(2)Notwithstanding subregulation (1) a member may, upon being certified an invalid, elect in writing in the approved form to the Chief Executive Officer to have the payment stipulated in subregulation (1) paid to him at any time prior to attaining the age of 60 years.

24. Application for incapacity pension

(1)An application for an incapacity pension shall be made in the approved form to the Chief Executive Officer at any time during the period that a member has been certified an invalid accompanied by the following documents—
(a)National Identity Card of the member;
(b)Medical Board's certificate of invalidity;
(c)Certificate of employment and in the case of a self employed member, a certified copy of registration or licence and certificate of business tax payable over the 5 year period prior to being an invalid.
(2)An incapacity pension shall become payable within 21 days from the date that it is applied for and no incapacity pension shall be backdated notwithstanding that the applicant became entitled to it prior to making the application.

25. Review of refused application

(1)Any member whose application for an incapacity pension has not been approved may subject to subregulation (2) request a review or re-apply, after a period of two years from the date the application was refused.
(2)A request for a review or a re-application may be allowed earlier if in the opinion of the Chief Executive Officer, the medical condition of the member is such that it is likely to seriously affect the ability of the member to work.
(3)If, after a member has been declared an invalid it becomes apparent that the member's health has improved, the member shall be referred back to the Medical Board for review and if the Board finds that the member is no longer an invalid, the person shall cease to draw the incapacity pension.
(4)Notwithstanding subregulation (3) the Fund shall not refer any case for a review under subregulation (3) if the member is 50 years old or more.

Part VII – Surviving spouse's pension

26. Entitlement to surviving spouse's pension

(1)Subject to regulation 31, a surviving spouse of a deceased member who dies prior to retirement and at the time of death notwithstanding his age qualifies for a retirement pension under section 33 of the Act, shall be entitled to a surviving spouse's monthly pension for life:Provided that the surviving spouse has resided in Seychelles for a continuous period of at least 5 years immediately prior to the death of the deceased member unless such requirement is waived by the Board.
(2)Subregulation (1) shall apply notwithstanding the fact that the surviving spouse may, under these Regulations, be drawing for become entitled to a retirement or incapacity pension or drawing another surviving spouse's pension from a previous relationship.
(3)Where immediately prior to his death the deceased member was maintaining his legally married spouse and at the same time maintaining another spouse, the legally married spouse shall be the one entitled to the surviving spouse's pension.

27. Rates of surviving spouse's pension payable

(1)Subject to subregulation (2), the surviving spouse's pension shall be of an amount equal to 80% of the full retirement pension that the deceased member would have been entitled to on retirement as per Schedule 4 based on the deceased member's average salary for the 5 year period prior to his death calculated in accordance with regulations 8,9 or 10 as the case maybe:Provided that if the surviving spouse of a deceased member is over 10 years younger than the deceased member, the surviving spouse shall be entitled to only 70% of the retirement pension as aforesaid.
(2)Where the deceased member has any children, the surviving spouse shall be entitled to a pension of only half of the amount stipulated in subregulation (1) or such smaller amount as per the deceased members's election in accordance with regulation 28.

28. Election by member

(1)A member who has children may at any time prior to his death, elect in the approved form to have the surviving spouse's pension payable upon his death reduced to any amount between 25% to 49 % of the amount stipulated in regulation 27(1) and to have the amount by which the surviving spouse's pension has been reduced added onto his children's pension under regulation 31.
(2)Where at the time of death of a member who has made an election under subregulation (1), he has no children, the surviving spouse if any shall be entitled to a full surviving spouse's pension as per regulation 27(1).

29. Application for surviving spouse's pension

(1)An application for a surviving spouse's pension shall be made on the approved form to the Chief Executive Officer within 10 years of the death of a member supported by the following documents—
(a)National Identity Card of the applicant;
(b)Death Certificate of deceased member;
(c)Marriage certificate or proof of cohabitation;
(d)Birth certificate of any children of the deceased member;
(e)Police record certificate of the applicant;
(f)Affidavit in support of the application.
(2)The supporting affidavit shall state the relationship of the applicant to the deceased member, period of cohabitation and whether the applicant was being maintained by the deceased member and details of any children of the deceased member and the educational institution they are attending if any.
(3)A surviving spouse's pension shall become payable within 21 days from the date that it is applied for, and no surviving spouse's pension shall be backdated notwithstanding that the applicant became entitled to it prior to making the application.

30. Circumstances in which a surviving spouse's pension shall cease, not be granted or varied

(1)A surviving spouse's pension shall not be granted, or shall cease in the following circumstances—
(a)If the deceased member's death occurs before three years of cohabitation in the case of the surviving spouse not being married to the deceased member;
(b)If the surviving spouse was at the time of the death of the deceased member cohabiting with another partner other than the deceased;
(c)Upon the surviving spouse remarrying for a second time;
(d)If the surviving spouse has been convicted of any offence which caused the death of the deceased;
and the children of the deceased if any shall be eligible for a full monthly pension in accordance with Part VIII.
(2)If at any time after a surviving spouse has started drawing a full pension in accordance with regulations 27(1) and (2), a child of the deceased member, who qualifies for a pension under Part VIII makes a claim for a children's pension under the aforesaid Part, the surviving spouse's pension shall be reduced to half or such smaller amount in accordance with regulation 27(2) or 28( 1) with effect from the approval by the Fund of the children's pension for the new child.

Part VIII – Children's pension

31. Entitlement to children's pension

(1)Subject to regulation 26, a child, of a deceased member who dies prior to retirement and at the time of death notwithstanding his age qualified for a retirement pension under section 33 of the Act, shall be entitled to a children's monthly pension until 18 years old or up to 25 years old if the child is still in full time education or up to 15 years old if the child is in full time employment and earns a salary of not less than R1,900 a month.

32. Rates of children's pension

(1)Subject to subregulation 2, the children's pension shall be of an amount equal to 80% of the full retirement pension to the deceased member would have been entitled to on retirement as per Schedule 5 based on the member's average salary at the time of death calculated in accordance with regulations 8,9 or 10 as the case may be.
(2)Where the deceased member has a surviving spouse, the child shall be entitled to a pension of only 40% of the full retirement pension or such bigger amount as per the deceased members's election in accordance with regulation 28.
(3)Where there is more than one child of the deceased member who qualify for a children's pension, the amount stipulated in subregulation (1) or (2) shall be divided equally amongst all the said children.
(4)If at any time after a child has started drawing a pension, another child of the deceased member who qualifies for a pension under regulation 33 makes a claim for a children's pension, the pension of the child who was already drawing a pension shall be adjusted accordingly to take account of the new child.
(5)If at any time after a child has started drawing a reduced pension in accordance with subregulation (2), the surviving spouse ceases to be entitled to a surviving spouse's pension under regulation 30 the child shall be entitled to a full children pension distributed in accordance with subregulation (3).

33. Payment of children's pension to guardian

A children's pension shall be paid to the guardian of the child if the child is below the age of 18 years and to the child if he is 18 years old or above.

34. Application for children's pension

(1)An application for children's pension shall be made on the approved form to the Chief Executive Officer within a period of 10 years from the death of the member supported by the following documents—
(a)National Identity Card of the applicant;
(b)National Identity Card of the guardian in the case that the application is being made by the guardian on behalf of the child;
(c)Certificate of death of deceased member;
(d)Proof of guardianship;
(e)Proof that the child is a child of the deceased.
(2)A guardian of a child below 18 years old may make the application for a children's pension on behalf of the child.
(3)A children's pension shall become payable within 21 days from the date that it is applied for and no children's pension shall be backdated notwithstanding that the child became entitled to it prior to the application being made.

Part VIIIA – Post-retirement surviving spouse's pension and children's pension

[Part VIIIA inserted by regulation 2(a)(vi) of Statutory Instrument 19 of 2007]

34A.

(1)A post-retirement surviving spouse's pension shall be payable if a retired member dies during the period of 2 years after retirement.
(2)The pension referred to in subregulation (1) shall be paid in accordance with regulations 27, 28 and 29 with effect from 1st July 2006 subject to the following conditions—
(a)The surviving spouse shall be entitled to a monthly pension for life;
(b)Where, immediately prior to the member's death, the member was maintaining the married spouse and another spouse, the legally married spouse alone shall be entitled to the aforesaid pension.
(c)If the surviving spouse is already in receipt of a retirement pension under the Act, the spouse shall be entitled to receive a surviving spouse's pension equivalent to 50% of the retirement pension of the deceased member.
[regulation 34A inserted by regulation 2(a)(vi) of Statutory Instrument 19 of 2007]

34B.

(1)A children's pension shall be payable when a retired member dies while in receipt of a monthly retirement pension or permanent incapacity pension.
(2)Where at the time of a member's death the member has any children, the children's pension shall be paid in accordance with regulation 32 and subject to regulations 31 to 34.
[regulation 34B inserted by regulation 2(a)(vi) of Statutory Instrument 19 of 2007]

Part IX – Payment of pensions, gratuities and allowances

35. Payment of pensions, gratuities and allowances

(1)The Fund shall unless otherwise authorised under regulation 3(3) make payment of a pension, gratuity or allowance to the applicant or to the guardian in the case of a pension being due to a child under 18 years old—
(a)by bank cheque; or
(b)by direct transfer to the applicant's bank account; or
(c)by cash.
(2)Payment of a pension, gratutity or an allowance shall be made within 21 days of an application for the same being lodged with the Fund, unless the investigation to determine the eligibility of the applicant is more complex than normal and extra time is needed to process the application in which case the applicant shall be so informed.
(3)Payment of monthly pension shall be made in arrears from the 20th day of the month and payment for any pension made to a pensioner who dies between the 20th day and the end of the month shall not amount to an overpayment.
(4)Where a member or any other person in receipt of a pension is residing overseas he shall provide proof in the form of a life certificate as specified in Schedule 6 to the Fund every month that he is abroad before his pension can be paid.

Schedule 1 (Regulation 8)

Monthly rates of payment for retirement pension

[Schedule 1 amended by regulation 2(a)(vii) of Statutory Instrument 19 of 2007]
Gross Salary Band(A)Average/Mid Point Gross Salary(B)Percentage of Salary payable as Pension*(C)Retirement Pension payable(D)
800-100090070% or R2000 whichever is the greater*400
1001-12001.100400
1201-14001,300400
1401-16001,500-400
1601-18001,700-400
1801-20001,900-400
2001-22002,100-400
2201-24002,300-400
2401-26002,500-400
2601-28002,700-400
2801-30002,90070%430
3001-32003,10070%570
3201-34003,30070%710
3401-36003,50070%850
3601-39003,90065%935
3901-41004,00065%1,000
4101-43004,20065%1,130
4301-45004,40065%1,260
4501-47004,60065%1,390
4701-49004,80065%1,520
4901-51005,00065%1,650
5101-53005,20065%1,780
5301-55005,40065%1,910
5501-57005,60065%2,040
5701-59005,80065%2,170
5901-63006,30060%2,180
6301-65006,40060%2,240
6501-67006,60060%2,360
6701-69006,80060%2,480
6901-71007,00060%2,600
7101-73007,20060%2,720
7301-75007,40060%2,840
7501-1140011,40040%2,960
11401-1160011,50040%3,000
11601-1180011,70040%3,080
1181-1200011,90040%3,160
12001-1220012,10040%3,240
12201-1240012,30040%3,320
12401-1260012,50040%3,400
12601-1280012,70040%3,480
12801-1300012,90040%3,560
13001-1320013,10040%3,640
13201-1340013,30040%3,720
13401-1360013,50040%3,800
13601-1380013,70040%3,880
13801-1400013,90040%3,960
14001-1420014,10040%4,040
14201-1440014,30040%4,120
14401-1460014,50040%4,200
14601-1480014,70040%4,280
14801-1500014,90040%4,360
15001-1520015,10040%4,440
15201-1540015,30040%4,520
15401-1560015,50040%4,600
15601-1580015,70040%4,680
15801-1600015,90040%4,760
16001-1620016,10040%4,840
16201-1640016,30040%4,920
16401-1660016,50040%5,000
16601-1680016,70040%5,080
16801-1700016,90040%5,160
17001-1720017,10040%5,240
17201-1740017,30040%5,320
17401-1760017,50040%5,400
17601-1780017,70040%5,480
17801-1800017,90040%5,560
18001-1820018,10040%5,640
18201-1840018,3040%5,720
18401-1860018,50040%5,800
18601-1880018,70040%5,880
18801-1900018,90040%5,960
19001-1920019,10040%6,040
19201-1940019,30040%6,120
19401-1960019,50040%6,200
19601-1980019,70040%6,280
19801-2000019,90040%6,360
20001 and aboveat the rate of 40% which is inclusive of the current social security retirement pension and is effective from 1st May 2007.
*Calculation of pension as a salary percentage takes into account the retirement pension provided for under the Social Security Act (Cap 225) which is currently R. 1600.*Calculation of pension as a salary percentage takes into account the retirement pension provided for under the Social Security Act (Cap 225) which is currently R. 1600.

Schedule 2 (Regulation 13)

Monthly rates of payment based on voluntary contributions

Accumulated Voluntary ContributionsAverage/Mid PointAdditional Retirement Pension payable
600-700650054
7001-8000750063
8001-900850071
9001-10000950079
10001-110001050088
11001-120001150096
12001-1300012500104
13001-1400013500113
14001-1500014500121
15001-1600015500129
16001-1700016500138
17001-1800017500146
18001-1900018500154
19001-2000019500163
20001-2100020500171
21001-2200021500179
22001-2300022500188
23001-2400023500196
24001-2500024500204
25001-2600025500231
26001-2700026500221
27001-2800027500229
28001-2900028500238
29001-3000029500246
30001-3100030500254
31001-3200031500263
32001-3300032500271
33001-3400033500279
34001-3500034500288
35001-3600035500296
36001-3700036500304
37001-3800037500313
38001-3900038500321
39001-4000039500329
40001-4100040500338
41001-4200041500346
42001-4300042500354
43001-4400043500363
44001-4500044500371
45001-4600045500379
46001-4700046500388
47001-4800047500396
48001-4900048500404
49001-5000049500413
50001-5100050500421
51001-5200051500429
52001-5300052500438
53001-5400053500446
54001-5500054500454
55001-5600055500463
56001-5700056500471
57001-5800057500479
58001-5900058500488
59001-6000059500496
60001-6100060500504
61001-6200061500513
62001-6300062500521
63001-6400063500529
64001-6500064500538
67001-6800067500563
68001-6900068500571
69001-7000069500579
70001-7100070500588
71001-7200071500596
72001-7300072500604
73001-7400073500613
74001-7500074500621
75001-7600075500629
76001-7700076500638
77001-7800077500646
78001-7900078500654
79001-8000079500663
80001-8100080500671
81001-8200081500679
82001-8300082500688
83001-8400083500696
84001-8500084500704
85001-8600085500713
86001-8700086500721
87001-8800087500729
88001-8900088500738
89001-9000089500746
90001-9100090500754
91001-9200091500763
92001-9300092500771
93001-9400093500779
94001-9500094500788
95001-9600095500796
96001-9700096500804
97001-9800097500813
98001-9900098500821
99001-10000099500829
100001-101000100500838
101001-102000101500846
102001-103000102500854
103001-104000103500863
104001-105000104500871
105001-106000105500879
106001-107000106500888
107001-108000107500896
108001-109000108500904
109001-110000109500913
110001-111000110500921
111001-112000111500929
112001-113000112500938
113001-114000113500946
114001-115000114500954
115001-116000115500963
116001-117000116500971
117001-118000117500979
118001-1(9000118500988
119001-120000119500996
120001-1210001205001004
121001-1220001215001013
122001-1230001225001021
123001-1240001235001020
124001-1250001245001038
125001-1260001255001046
126001-1270001265001054
127001-1280001275001063
128001-1290001285001071
129001-1300001295001079
130001-1310001305001088
131001-1320001315001096
132001-1330001325001104
133001-1340001335001113
134001-1350001345001121
135001-1360001355001129
136001-1370001365001138
137001-1380001375001146
138001-1390001385001154
139001-1400001395001163
140001-1410001405001171
141001-1420001415001179
142001-1430001425001188
143001-1440001435001196
144001-1450001445001204
145001-1460001455001213
146001-1470001465001221
147001-1480001475001229
148001-1490001485001238
149001-1500001495001246
150001-1510001505001254
151001-1520001515001263
152001-1530001525001271
153001-1540001535001279
154001-1550001545001288
155001-1560001555001296
156001-1570001565001304
157001-1580001575001313
158001-1590001585001321
159001-160001595001329
160001-1610001605001338
161001-1620001615001346
162001-1630001625001354
163001-1640001635001363
164001-1650001645001371
165001-1660001655001379
166001-1670001665001388
167001-1680001675001396
168001-1690001685001404
169001-1700001695001413
170001-1710001705001421
171001-1720001715001429
172001-1730001725001438
173001-1740001735001446
174001-1750001745001454
175001-1760001755001463
176001-1770001765001471
177001-1780001775001479
178001-1790001785001488
179001-1800001795001496
180001-1810001805001504
181001-1820001815001513
182001-1830001825001521
183001-1840001835001529
184001-1850001845001538
185001-1860001855001546
186001-1870001865001554
187001-1880001875001563
188001-1890001885001571
189001-1900001895001579
190001-1910001905001588
191001-1920001915001596
192001-1930001925001604
193001-1940001935001613
194001-1955001945001621
195001-1960001955001629
196001-1970001965001638
197001-1980001975001646
198001-1990001985001654
199001-2000001995001663
200001-2010002005001671
201001-2020002015001679
202001-2030002025001688
203001-2040002035001696
204001-2050002045001704
205001-2060002055001713
206001-2070002065001721
207001-2080002075001729
208001-2090002085001738
209001-2100002095001746
210001-2110002105001754
211001-2120002115001763
212001-2130002125001771
213001-2140002135001779
214001-2150002145001788
215001-2160002155001796
216001-2170002165001804
217001-2180002175001813
218001-2190002185001821
219001-2200002195001829
220001-2210002205001838
221001-2200002215001846
Note: Calculation of pension based on voluntary contributions is based on an average life expectancy of 73 years old. Accumulated voluntary contributions in excess of Rs 222,000/ - shall be calculated on the same basis.

Schedule 3 (Regulation 22)

Monthly rates of payment for incapacity pension

[Schedule 3 amended by regulation 2(a)(viii) of Statutory Instrument 19 of 2007]
Gross Salary Band(A)Average/Mid Point Gross Salary(B)Percentage of Salary payable as Pension*(C)Incapacity Pension payable(D)
800-100090070% or R2000 whichever is the greater*2,000
1001-12001,1002,000
1201-14001,3002,000
1401-16001,500-2,000
1601-18001,700-2,000
1801-20001,900-2,000
2001-22002,100-2,000
2201-24002,300-2,000
2401-26002,500-2,000
2601-28002,700-2,000
2801-30002,90070%2,030
3001-32003,10070%2,170
3201-34003,30070%2,310
3401-36003,50070%2,450
3601-39003,90065%2,535
3901-41004,00065%2,600
4101-43004,20065%2,730
4301-45004,40065%2,860
4501-47004,60065%2,990
4701-49004,80065%3,120
4901-51005,00065%3,250
5101-53005,20065%3,380
5301-55005,40065%3,510
5501-57005,60065%3,640
5701-59005,80065%3,770
5901-63006,30060%3,780
6301-65006,40060%3,840
6501-67006,60060%3,960
6701-69006,80060%4,080
6901-71007,00060%4,200
7101-73007,20060%4,320
7301-75007,40060%4,440
7501-1140011,40040%4,560
11401-1160011,50040%4,600
11601-1180011,70040%4,680
1181-1200011,90040%4,760
12001-1220012,10040%4,840
12201-1240012,30040%4,920
12401-1260012,50040%5,000
12601-1280012,70040%5,080
12801-1300012,90040%5,160
13001-1320013,10040%5,240
13201-1340013,30040%5,320
13401-1360013,50040%5,400
13601-1380013,70040%5,480
13801-1400013,90040%5,560
14001-1420014,10040%5,640
14201-1440014,30040%5,720
14401-1460014,50040%5,800
14601-1480014,70040%5,880
14801-1500014,90040%5,960
15001-1520015,10040%6,040
15201-1540015,30040%6,120
15401-1560015,50040%6,200
15601-1580015,70040%6,280
15801-1600015,90040%6,360
16001-1620016,10040%6,440
16201-1640016,30040%6,520
16401-1660016,50040%6,600
16601-1680016,70040%6,680
16801-1700016,90040%6,760
17001-1720017,10040%6,840
17201-1740017,30040%6,920
17401-1760017,50040%7,000
17601-1780017,70040%7,080
17801-1800017,90040%7,160
18001-1820018,10040%7,240
18201-1840018,30040%7,320
18401-1860018,50040%7,400
18601-1880018,70040%7,480
18801-1900018,90040%7,560
19001-1920019,10040%7,640
19201-1940019,30040%7,720
19401-1960019,50040%7,800
19601-19800019,70040%7,880
19801-2000019,90040%7,960
20001 and above20,00040%8,000
*Calculation of pension as a salary percentage takes into account the retirement pension provided for under the Social Security Act (Cap 225) which is currently R. 1600.*Calculation of pension as a salary percentage takes into account the retirement pension provided for under the Social Security Act (Cap 225) which is currently R. 1600.

Schedule 4 (Regulation 27)

Monthly rates of payment for surviving spouse's pension

[Schedule 4 amended by  regulation 2(a)(ix) of Statutory Instrument 19 of 2007]
Gross Salary Band (A)Average/Mid Point Gross Salary (B)Member's retirement pension (C)Surviving Spouse's pension payable if spouse is younger then member by 10 years or less (D)Surviving Spouse's pension payable if spouse is younger than member by more than 10 years (E)
800-10009002,0001,6001,400
1001-12001,1002,0001,6001,400
1201-14001,3002,0001,6001,400
1401-16001,5002,0001,6001,400
1601-18001,7002,0001,6001,400
1801-20001,9002,0001,6001,400
2001-22002,1002,0001,6001,400
2201-24002,3002,0001,6001,400
2401-25002,5002,0001,6001,400
2501-28002,7002,0001,6001,400
2801-30002,9002,0301,6241,421
3001-32003,1002,1701,7361,519
3201-34003,3002J101,8481,617
3401-36003,5002,4501,9601,715
3601-39003,9002,5352,0281,774
3901-41004,0002,6002,0801,820
4101-43004,2002,7302,1841,911
4301-45004,4002,8602,2882,002
4501-47004,6002,9902,3922,093
4701-49004,8003,1202,4962,184
4901-51005,0003,2502,6002,275
5101-53005,2003,3802,7042,366
5301-55005,4003,5102,8082,457
5501-57005,6003,6402,9122,548
5701-59005,8003,7703,0162,639
5901-63006,3003,7803,0242,646
6301-65006,4003,8403,0722,668
6501-67006,6003,9603,1682,772
6701-69006,8004,0803,2642,856
6901-71007,0004,2003,3602,940
7101-73007,2004,3203,4563,024
7301-75007,4004,4403,5523,108
7501-1140011,4004,5603,6483,192
11401-1160011,5004,6003,6803,220
11601-1180011,7004,6803,7443,276
11801-1200011,9004,7603,8083,332
12001-1220012,1004,8403,8723,388
12201-1240012,3004,9203,9363,444
12401-1260012,5005,0004,0003,500
12601-1280012,7005,0804,0643,556
12801-1300012,9005,1604,1283,612
13001-1320013,1005,2404,1923,668
13201-1340013,3005,3204,2563,724
13401-1360013,5005,4004,3203,780
13601-1380013,7005,4804,3843,836
13801-1400013,9005,5604,4483,892
14001-1420014,1005,6404,5123,948
14201-1440014,3005,7204,5724,004
14401-1460014,505,8004,6404,060
14601-1480014,7005,8804,7044,116
14801-1500014,9005,9604,7684,172
15001-1520015,1006,0404,8324,228
15201-1540015,3006,1204.8964,284
15401-1560015,5006,2004,9604,340
15601-1580015,7006,2805,0244,396
15801-1600015,9006,3605,0884,452
16001-1620016,1006,4405,1524,508
16201-1640016,306,5205,2164,564
16401-1660016,5006,6005,2804,620
16601-1680016,706,6805,3444, 676
16801-1700016,9006,7605,4084,732
17001-1720017,1006,8405,4724,788
17201-1740017,3006,9205,5364,844
17401-1760017,5007,0005,6004,900
17601-1780017,707,0805,6644,946
17801-1800017,907,1605,7285,012
18001-1820018,1007,2405,7925,068
18201-1840018,307,3205,8565,124
18401-1860018,5007,4005,9205,180
18401-1880018,7007,4805,9845,236
18801-1900018,9007,5606,0485,292
19001-1920019,1007,6406,1125,348
19201-1940019,3007,7206,1765,404
19401-1960019,5007,8006,2405,460
19601-19800019,7007,8806,3045,516
19801-2000019,9007,9606,3685,572
20001 and above20,0008,0006,4005,600
Note: Only 1/2 of the amount stipulated in columns (D) and (E) or such smaller amount not less than 1/4 of the amount in column (C) (as per the deceased member's election if any) shall be payable if the deceased member has children who qualify for a children's pension.

Schedule 5 (Regulation 32)

Monthly rates of payment for children's pension

Gross Salary Band (A)Average/Mid Point Gross Salary (B)Member's Retirement Pension (C)Children's Pension payable (D)
800-10009002,0001,600
1001-12001,1002,0001,600
1201-14001,3002,0001,600
1401-16001,5002,0001,600
1601-18001,7002,0001,600
1801-20001,9002,0001,600
2001-22002,1002,0001,600
2201-24002,3002,0001,600
2401-25002,5002,0001,600
2501-28002,7002,0001,600
2801-30002,9002,0301,624
3001-32003,1002,1701,736
3201-34003,3002,3101,848
3401-36003,5002,4501,960
3601-39003,9002,5352,028
3901-41004,0002,6002,080
4101-43004,2002,7302,184
4301-45004,4002,8602,288
4501-47004,6002,9902,392
4701 -49004,8003,1202,496
4901-51005,0003,2502.600
5101-53005.2003,3802,704
5301-55005,4003,5102,808
5501-57005,6003,6402,912
5701-59005,8003,7703,016
5901-63006,3003,7803,024
6301-65006,4003,8403,072
6501-67006,6003,9603,168
6701-69006,8004,0803,264
6901-71007,0004,2003,360
7101-73007,2004,3203,456
7301-75007,4004,4403,552
7501-1 140011,4004,5603,648
11401-1160011,5004,6003,680
11601-1180011,7004,6803,744
11801-1200011.9004,7603,808
12001-1220012,1004,8403,872
12201-1240012,3004,9203,936
12401-1260012,5005,0004,000
12601-1280012,7005,0804,064
12801-1300012,9005,1604,128
13001-1320013,1005,2404,192
13201-1340013,3005,3204,256
13401-1360013,5005,400 '4,320
13601-1380013,7005,4804,384
13801-1400013,9005,5604,448
14001-1420014,1005,6404,512
14201-1440014,3005,7204,572
14401-1460014,5005,8004,640
14601-1480014,7005,8804,704
14801-1500014,9005,9604,768
15001-1520015,1006,0404,832
15201-1540015,3006,1204,896
15401-1560015,5006,2004,960
15601-1580015,7006,2805,024
15801-1600015,9006,3605,088
16001-1620016,1006,4405,152
16201-1640016,3006,5205,216
16401-1660016,5006,6005,280
16601-1680016,7006,6805,344
16801-1700016,9006,7605,408
17001-1720017,1006,8405,472
17201-1740017,3006,9205,536
17401-1760017,5007,0005,600
17601-1780017,7007,0805,664
17801-1800017,9007,1605,728
18001-1820018,1007,2405,792
18201-1840018,3007,3205,856
18401-1860018,5007,4005,920
18601-1880018,7007,4805,984
18801-1900018,9007,5606,048
19001-1920019,1007,6406,112
19201-1940019,3007,7206,176
19401-1960019,5007,8006,240
19601-1980019,7007,8806,304
19801-2000019,9007,9606,368
20001 and above20,0008,0006,400
Note: Only 1/2 of the amount stipulated in columns (D) or such bigger amount not more than 3/4 of the amount in column (C) (as per the deceased member’s election if any) shall be payable if the deceased member has a surviving spouse who qualify for a surviving spouse's pension.

Schedule 6 (Regulation 35)

Life certificate

I certify that Mr/Mrs/Ms________________________ holder of Passport No__________ issued by the Government ________________________was present before me on__________ and countersigned/placed his/her mark on this certificate in my presence.Dated this_____ day of 200__________.Signature of person certifying __________Name: _____________Designation:__________Address:____________Seal:______________________________________Signature or mark of pensionerTo be certified by one of the following persons1. Branch Bank Manager2. Attorney at law or Notary Public3. Judicial Officer4. Medical Practitioner5. Priest or equivalent
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