| (a) |
The provisions contained in this regulation are applicable to an educator who retires with pension or whose service is terminated and who has been a member of a medical scheme prior to his or her retirement or termination of service. |
| (b) |
In the case of the death of an educator who has been a member of a medical scheme, including an educator who passes away prior to retirement or termination of service, the provisions contained in this regulation are also applicable to the surviving spouse who becomes a member of the medical scheme in his or her place: Provided that in the case of an educator who as a result of a customary marriage has more than one spouse, the continued employer contribution in respect of such an educator who passes away prior to or after retirement or termination of service, is limited to an amount not exceeding the employer contribution for one surviving spouse with or without dependants, as the case may be. |
| (2) |
The extent to which assistance is rendered shall be as set out in subregulation (3) and will be calculated only once in accordance with the position which applies or had been applicable in respect of an educator at retirement or termination of service or at his or her death, as the case may be. |
| (a) |
The following educators or their surviving spouses, qualify for assistance in accordance with the basis as set out in paragraph (b): |
| (i) |
Educators who pass away or retire as a result of— |
| (aa) |
the attainment of the normal retirement age referred to in regulation 15; or |
| (bb) |
ill-health which cannot be ascribed to their own doing. |
| (ii) |
Educators who are 60 years or older— |
| (aa) |
whose services are terminated by the employer as a result of the abolition of their posts or reorganisation, or to promote efficiency, or to economise; |
| (bb) |
who, at their own request, retire with the approval of the employer (but not as a result of misconduct or incapacity), or as a result of a right to early retirement; or |
| (cc) |
who retire according to a decision by the employer (but not as a result of misconduct or incapacity). |
| (b) |
Assistance in respect of the persons referred to in paragraph (a) is rendered on the following basis: |
| (i) |
In the event of retirement or termination of service or death prior to 10 June 1994 the rules as applied on the date of termination of service or death, remain applicable. |
| (ii) |
In the event of retirement or termination of service or death on or after 10 June 1994 of educators who, at the time of their retirement or termination of service or death, are members of a medical scheme and with— |
| (aa) |
at least 15 years service (which may include previous periods of service), the employer contribution is 4/6 of membership fees limited to 100% of the maximum rand amount; |
| (bb) |
at least 10 years but less than 15 years service (which may include previous periods of service, with the exception of previous periods of service which have already been acknowledged for the payment of a cash amount), a cash amount is payable equal to 24 times the monthly employer contribution to the medical scheme of which the person is a member at retirement or termination of service or death; |
| (cc) |
less than 10 years service, a cash amount is payable equal to 12 times the monthly employer contribution to the medical scheme of which the person is a member at retirement or termination of service or death. |
| (c) |
The following educators, or their surviving spouses, qualify for assistance in accordance with the basis as set out in paragraph (d): |
Educators who have not yet reached the age of 60 years at retirement or termination of service and—
| (i) |
whose services are terminated by the employer as a result of the abolition of posts or reorganisation or to promote efficiency or to economise; |
| (ii) |
who, at own request, retire with the approval of the employer (but not as a result of misconduct or incapacity), or according to a right to early retirement; or |
| (iii) |
who retire according to a decision by the employer (but not as a result of misconduct or incapacity). |
| (d) |
Assistance in respect of the persons referred to in paragraph (c) is rendered on the following basis: |
| (i) |
In the event of retirement or termination of service prior to 10 June 1994 the rules as applied on the date of termination of service, remain applicable. |
| (ii) |
In the event of retirement or termination of service on or after 10 June 1994 educators who, at the time of their retirement or termination of service, are members of a medical scheme and— |
| (aa) |
who are at least 55 years old with at least 15 years service (which may include previous periods of service), the state contribution is 3/6 of membership fees, limited to 75% of the maximum rand amount; |
| (bb) |
who are at least 50 years but younger than 55 years old with at least 15 years service (which may include previous periods of service), the state contribution is 2/6 of membership fees, limited to 50% of the maximum rand amount; |
| (cc) |
who retire or whose services are terminated at an age younger than 50 years and who have at least 20 years service (which may include previous periods of service) at their disposal, such educators qualify for assistance according to the basis in subparagraph (ii) at attaining the age of 50: Provided that they are not receiving medical assistance on account of their employment by another employer. |
Implementation of Geneva Conventions Act, 2012
