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Government Employees Pension Law, 1996

Annexure 1 : Government Employees Pension Law, 1996

4. Members of Fund

 

(1) Any person who immediately before the fixed date is a member or pensioner of the Fund, shall remain such a member or pensioner.

 

(2) Any person who on or after the fixed date is appointed in the service of the employer shall subject to section 5 be a member of the Fund with effect from the date of such appointment.

 

(3) Any person who immediately before the date determined in terms of section 14(1)(a) in respect of a previous fund, is a member or pensioner of that fund, shall with effect from that date be a member or pensioner of the Fund.

 

(4) Every person who on a date determined by the Minister in terms of section 15(1) is employed in the service of the employer and who immediately before that date was a member of the Temporary Employees Pension Fund or the Associated Institutions Pension Fund, and every person who on that date is a pensioner of that fund who at the time of his or her retirement was employed in the service of the employer, shall with effect from that date be a member or pensioner, as the case may be, of the Fund.

[Annexure 1 Section 4(4) substituted by section 12 of the Financial Matters Amendment Act, 2023 (Act No. 9 of 2023), Notice No. 3651 of GG48917, dated 7 July 2023 - effective 14 July 2023 per Commencement Notice No. 3683 of GG48962, dated 14 July 2023]

 

(5) Any member of an approved retirement fund who is transferred to the Fund in accordance with the rules made in terms of section 29(2)(d)(ii), shall with effect from the date of such transfer be a member of the Fund.

 

(6) Any person who on the fixed date is employed in the service of the employer and who is not a member of the Fund or a previous fund, but who, in terms of the law regulating his or her employment, may become a member if he or she so elects, and who so elects, shall, subject to the rules, with effect from the date stipulated in or determined by virtue of his election, be a member of the Fund.