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Temporary Employees Pension Fund Act, 1979 (Act No. 75 of 1979)

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

(i) "annuity"

means an amount which is payable each year;

 

(ii) "benefit"

means an amount of money;

 

(iii) "Director-General"

means the Director-General of the National Treasury;

[Definition inserted by section 7(a) of the Financial Matters Amendment Act, 2023 (Act No. 09 of 2023), Notice No. 3651, GG48917, dated 7 July 2023 - effective 14 July 2023 per Notice No. 3683, GG48962 dated 14 July 2023 (section 21(2))]]

 

(iv) "dormant member"

means a dormant member as defined in regulation 1 of the regulations promulgated by Government Notice No. R.652 of 25 April 1969;

 

(v) "fixed date"

means the date of commencement of this Act;

 

(vi) "Government"

means the Government of the Republic and includes a provincial administration;

 

(vii) "Government Employees' Provident Fund"

means the fund referred to in section 2 (3) of the Government Service Pension Act, 1965 (Act No. 62 of 1965);

 

(viii) "Government Non-White Employees' Pension Fund"

means the pension fund established in terms of section 2 (2)of the Government non-White Employees Pension Act, 1966 (Act No. 42 of 1966);

 

(ix) "member"

in relation to the Fund, means a person referred to in section 5 and includes such a person who is absent with or without leave or has been suspended from duty and who immediately before such absence or suspension was contributing to the Fund;

 

(x) "Minister"

means the Minister responsible for finance;

[Definition substituted by section 7(b) of the Financial Matters Amendment Act, 2023 (Act No. 09 of 2023), Notice No. 3651, GG48917, dated 7 July 2023 - effective 14 July 2023 per Notice No. 3683, GG48962 dated 14 July 2023 (section 21(2))]]

 

(xi) "National Treasury"

means the National Treasury established by section 5 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

[Definition inserted by section 7(c) of the Financial Matters Amendment Act, 2023 (Act No. 09 of 2023), Notice No. 3651, GG48917, dated 7 July 2023 - effective 14 July 2023 per Notice No. 3683, GG48962 dated 14 July 2023 (section 21(2))]]

 

(xii) "pensionable emoluments"

means that part of the remuneration and allowances of a member prescribed as pensionable;

 

(xiii) "pensionable service"

in relation to a member, means any period of service as defined in the regulations and includes any period which in terms of the regulations is reckoned as pensionable service of that member;

 

(xiv) "pensioner"

means any person who receives an annuity under this Act;

 

(xv) "prescribe"

means prescribe by regulation;

 

(xvi) "previous fund"

means the Government Non-White Employees' Pension Fund or the Government Employees' Provident Fund;

 

(xvii) "regulation''

means any regulation made under this Act;

 

(xviii) "repealed Act"

means an Act referred to in section 9;

 

(xix)        "revenue"

in relation to persons—

(a) who are in the employment of or have retired or have been discharged from the service of—
(i) the Government, means, subject to subparagraph (iii), the State Revenue Fund;
(ii) the Department of Posts and Telecommunications, means the Post Office Fund;
(iii) a provincial administration, means the provincial revenue fund concerned;
(b) who are in the service of any other organization or body, or have retired or have been discharged from such service, means the moneys or revenue of such organization or body;

 

(xx) "Secretary"

[Definition deleted by section 7(d) of the Financial Matters Amendment Act, 2023 (Act No. 09 of 2023), Notice No. 3651, GG48917, dated 7 July 2023 - effective 14 July 2023 per Notice No. 3683, GG48962 dated 14 July 2023 (section 21(2))]]

 

(xxi) "the Fund"

means the Temporary Employees Pension Fund established by section 3;

 

(xxii) "this Act"

includes any regulation;

 

(xxiii) "Treasury"

[Definition deleted by section 7(d) of the Financial Matters Amendment Act, 2023 (Act No. 09 of 2023), Notice No. 3651, GG48917, dated 7 July 2023 - effective 14 July 2023 per Notice No. 3683, GG48962 dated 14 July 2023 (section 21(2))]]

 

(xxiv) "widow's pension"

means an annuity payable to a widow under this Act.