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Government Employees Pension Law, 1996

Schedule 1 : Rules of the Government Employees Pension Fund

14. Benefits payable to members

14.5 Benefits on the death of a member

 

14.5.1 If a member with less than 10 years pensionable service dies, a gratuity shall be paid to his or her beneficiaries or to his or her estate if there is no beneficiary equal to the greater of the member's actuarial interest and his or her final salary.

 

14.5.2 If a member with at least 10 years pensionable service dies, a gratuity shall be paid to his or her beneficiaries or to his or her estate if there is no beneficiary which is equal to the sum of the gratuity and five times the annuity which would have been payable to him or her in terms of rules 14.2.1(a) and (b) respectively, if he or she had retired for a reason referred to in rule 14.1.1(a) on the day of his or her death.

 

14.5.3 If a member dies and the total of such a member's period of pensionable service and his or her unexpired period of service is at least ten years, there shall be paid to the surviving spouse, if any, a spouse's pension which is equal to half of the annuity and the supplementary amount which the member would have received in terms of the provisions of rule 14.2.1 if he or she had retired on the date of his or her death in terms of a reason mentioned in rule 14.3.1(a): Provided that "pensionable service" for this purpose also includes the member's unexpired period of service: Provided further that where there is more than one spouse, the spouse's pension will be divided equally among the spouses. In the event of spouses and orphans being eligible for benefits, the deceased parent of the orphans will also be treated as a spouse for the purpose of apportioning the spouse's pension.

 

14.5.4 An orphan's pension will be payable to any eligible children equal to the following percentages of either—
(A) the annuity and the supplementary amount which the spouse was receiving immediately prior to his or her death; or
(B) the benefit that the deceased parent of the orphan has been allocated in terms of rule 14.5.3:
(a) forty per cent for one eligible child;
(b) sixty per cent for two eligible children; and
(c) eighty per cent for three or more eligible children.

 

14.5.5 An orphan's pension payable in terms of rule 14.5.4 ceases when the child ceases to be eligible in terms of rule 1.8.

 

14.5.6 A spouse's pension which is payable to a spouse in terms of rule 14.5.3, shall not be affected in the case of a re-marriage.

 

14.5.7 The spouse's and orphan's pensions payable in terms of these rules shall be payable with effect from the first day of the month immediately following the date on which the member or pensioner concerned dies and are payable in equal monthly instalments on or before the last day of each month.

[Rule 14.5.7 substituted by Notice No. 423 of 31 March 2004]

 

14.5.8 Annuities are payable in equal monthly instalments on or before the last day of each month.

 

14.5.9 If a gratuity referred to in rules 14.5.1 and 14.5.2 is payable to two or more beneficiaries, such gratuity shall be paid to any such beneficiaries and in such proportions as the Board may determine.

 

[Rule 14.5 substituted by Notice No. 1073 of 8 August 2003]