| (1) |
Benefits shall be provided for members who— |
| (b) |
leave the Industry before retirement age and withdraw from the fund; |
| (d) |
become disabled, are unable to work and become entitled to a benefit under the Group Disability Policy effected by the Fund on behalf of its members; |
| (e) |
satisfy the Management Committee that they have been retrenched. The Management Committee shall enquire into the circumstances of such member"s termination of employment and shall be satisfied in regard thereto on production of a certificate, in the form and manner as determined by the Fund, duly signed by an accredited representative of the Council. Claims shall not be payable until a period of three (3) months has elapsed from the date of retrenchment. |
The provisions of subclauses (c) and (d) above shall not apply in respect of members who were subject to the scope of clause 1 (1) (c) of this Agreement and in respect of whom contribution had been made in terms of clause 6 (2) (b) of this Agreement, until such time as the Management Committee of the Fund has decided to extend those benefits to such members.
| (2) |
Every member shall be required to nominate, in the specified form and manner as determined by the Fund, dependants or nominees to whom in the event of the death of the member any benefits due shall be paid. The Management Committee of the Fund shall have absolute discretion as to the apportionment and amounts of benefits payable between dependants and nominees. In the event of the Fund not being in possession of such a nomination such benefits shall be paid to the dependants of such member; Provided that if the deceased member left no dependants or if the dependants cannot be established the benefits shall be paid into the estate of such deceased member. The Management Committee shall in its absolute discretion decide whether the deceased member left a dependant and if he left more than one dependant, how the benefit shall be allocated amongst them. |
| (3) |
The forms on which applications are submitted shall be according to the type of application involved, as specified by the Fund. |
| (4) |
In the case of normal, early or late retirement, fund benefits shall be payable within 30 (thirty) days (but no sooner than the necessary tax clearance has been obtained). |
| (5) |
In the case of retrenchment, payment of the benefits shall not be payable until a period of 3 (three) months has elapsed from the time the member was last employed in the Industry. |
| (6) |
In the case of any insured benefits, in respect of members who were subject to clause 1 (1) (b) of this Agreement and in respect of whom contributions were made in terms of clauses 6 (1) and 6 (2) (a) of this Agreement, a claim shall be payable within 30 (thirty) days of the date of receipt by the Fund of the settlement from the underwriter (but no sooner than the necessary tax clearance has been obtained). |
| (7) |
In the case of withdrawal from the Fund, payment of the benefits shall not be payable until a period of 6 (six) months has elapsed from the time the member was last employed in the Industry. |
| (8) |
In the event of a member returning to the Industry before such claim has been met, the claim shall automatically lapse and contributions shall be resumed forthwith. |
| (9) |
In the event of a member returning to the Industry after such claim has been met, he shall be regarded as a new member. |
| (10) |
In the event of an appointed beneficiary not claiming any benefits due in terms of this clause within 3 (three) months of the death of a member, the Management Committee shall insert an advertisement in three successive issues of 2 (two) newspapers circulating in the district in which the deceased member was normally resident stating the name and last known place of work of the deceased member and the fact that benefits are available for collection by the beneficiary at a place to be appointed by the Management Committee. If within 3 (three) months of the date of the last insertion of such advertisement the beneficiary fails to claim the benefit due to him such, benefit shall be paid into the estate of the deceased member. The cost of the advertisement shall be deducted from any monies payable in terms of this subclause. |
| (11) |
The Management Committee shall cause a list to be prepared as soon as possible after 31 December of each year and within 3 (three) months thereafter, showing the name of every contributor who has not been employed in the Industry during the past 6 (six) months and who has not claimed benefits. |
| (12) |
The Secretary shall send to the aforesaid trade union the list herein referred to, which list shall state the name and last known place of work of the member and the benefit due. |
| (13) |
The Management Committee shall no later than 31 March of the year following such 6 (six) month period, cause to be published a notice stating that a list of all contributors who have not claimed benefits during the 6 (six) months as stated above is available for inspection at the office of the Fund and that a duplicate list is available at the office of the trade union. |
| (14) |
The notice shall call upon all members concerned or interested persons on their behalf, to submit claims for benefits within 3 (three) months and to provide full details of the grounds on which such claims are made. |
| (15) |
The notice shall be published in three consecutive issues of at least 2 (two) newspapers circulating in the area of jurisdiction of the KwaZulu-Natal Chamber of the National Council. |
| (16) |
The Management Committee shall, at the next meeting following the last date upon which claims may be submitted, consider such claims and shall pay to any member or person empowered to receive such benefits on his behalf who has submitted a competent claim in the manner specified herein, such monies not exceeding the full benefit due to the member, less the cost of advertising, as it may deem fit. In the event of no claim being made by or on behalf of the person whose name appears on the list, any benefits due to him shall be forfeited to the Fund. |
| (17) |
Any benefit not claimed in terms hereof, shall, after a period of 5 (five) years from the date the contributor leaves the Industry be forfeited. |
| (18) |
The Management Committee may exercise discretion in the payment of forfeited benefits. |
Public Service Commission Act, 1997
