| 14.7.1 |
Subject to rule 14.7.2, the benefits of members shall be calculated in terms of the measures applicable on the date of termination of service. |
| 14.7.2 |
Notwithstanding rule 14.7.1, the benefits of members who have been notified before or on the commencement date— |
| (a) |
of employer initiated retrenchments as well as those whose applications for voluntary termination of service have been approved in terms of section 17(2)(c) of the Public Service Act, 1994, or similar provisions in other employment Acts; |
| (b) |
that they are to be discharged on account of ill-health not occasioned by his or her own fault or as a result of injury or ill-health, not occasioned by his or her own fault, arising out of and in the course of his or her employment; |
| (c) |
that they are to retire in terms of section 16(6)(a) of the Public Service Act, 1994, or similar provisions in other employment Acts; |
| (d) |
that they are to be retired in terms of the measures providing for early retirement as contemplated in section 16(4) and 16(5)(a) of the Public Service Act, 1994, or similar provisions in other employment Acts; |
| (e) |
that they are to be retained in their posts beyond their statutory retirement age, |
shall be calculated in terms of the measures applicable on the date of such notification or on the date of termination of service whichever benefit is the more beneficial: Provided that the benefits to which such a member shall be entitled, shall be based on the member's final salary or his or her pensionable emoluments as on the day immediately before the commencement date, whichever is the greater.
| 14.7.3 |
For the purposes of calculation of the benefits mentioned in rule 14.2.1 of a member— |
| (a) |
who was a member of the South African National Defence Force and who has been subjected to voluntary demilitarisation— |
| (i) |
rules 14.2.3 and 14.2.4(a) shall be applied for the period up to the date of demilitarisation; and |
| (ii) |
the provisions applicable to non-military members shall apply in respect of the period after the date of demilitarisation. |
| (b) |
who was a member of the South African National Defence Force and who has been subjected to compulsory demilitarisation— |
| (i) |
rules 14.2.3 and 14.2.4 (a) shall remain applicable for such members for the period up to date of service termination from the South African National Defence Force irrespective of the date that such member ceased to be a member of the Fund but not beyond the age of 60 years; and |
| (ii) |
the provisions applicable to non-military members shall apply in respect of the period after the age of 60 years. |
[Rule 14.7.3 substituted by rule 1 of Notice 258 of 2018, GG 41634, dated 18 May 2018]
Housing Development Agency Act, 2008
