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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Electrical Industry of South Africa

National Pension and Provident Funds Collective Agreement

7. Pension and Provident Funds (Regions A, A1, A2 and B only)

 

 

(1) The Fund established under Government Notice 266 of 15 February 1963, and known as the "Electrical Contracting Industry Pension Fund" is hereby continued, and the Fund known as the Electrical Contracting Industry Provident Fund (both hereinafter referred to as the “Fund”) is hereby established by the Council.

 

(2)
(a) The Fund shall, subject to the provisions of subclause (7), consist of moneys accruing from contributions prescribed in subclause (5) of this Clause.
(b) The Fund shall also consist of moneys standing to the credit of the members of the Fund at the date of this Agreement.

 

(3) The objects of the Fund shall be to provide members with benefits upon withdrawal, permanent disability or retirement from the Industry, and beneficiaries of deceased members with death and funeral benefits.

 

(4) Membership of the Fund shall be compulsory for all master installation electricians, installation electricians, electrical testers for single phase, electricians, artisans, domestic appliance mechanics, domestic electrical installers, Elconops 3, Elconops 2, Elconops 1, drivers, electrical assistants, general workers, apprentices and learners.

 

(5)
(a) The total weekly contribution payable to the Fund shall be determined by adding 20 per cent to the prescribed wage of each employee for whom contributions are payable in terms of subclause (4).
(b) Every employer shall pay 12,5% of the amount determined in subclause (5)(a) above to the Secretary of the Council, 17 Biccard Street, Braamfontein, Johannesburg, not later than the 15th day of each month for the preceding month, in respect of such employees together with such form as specified by the Council.

[Paragraph 5(b) amended by section 3 of Government Notice R. 710 dated 4 July 2008].

(c) Every employer shall be entitled to deduct 50% of the contribution referred to in subclause (5)(b) above, from the weekly wages, excluding overtime, of the employee in respect of whom the contribution is made.
(d) For the purposes of this clause a week shall constitute not less than three shifts actually worked for one employer in the Industry during any one week from Monday to Friday, (inclusive).
(e) Contributions to the Pension and/or Provident Funds for any member shall be remitted for a maximum of three weeks during the member’s annual leave period as provided for in the Main Agreement.
(f) All contributions received by the Council in terms of this clause shall be paid to Investec Employee Benefits.

[Paragraph 5(f) amended by section 3 of Government Notice R. 710 dated 4 July 2008].

(g) Notwithstanding the provisions of any other clause in this Agreement or the Main Agreement the contributions referred to in subclause (5)(a) shall be based on a working week of 42½ (forty two and one half) hours.

 

(6)
(a) Benefits payable to a member of the Fund shall be as prescribed in the rules.
(b) Benefits accruing under the Fund shall not be transferable and may not be ceded or pledged : Provided that any member may nevertheless nominate a beneficiary to receive the proceeds of his policy in the event of his death prior to retirement.

 

(7)
(a) The Fund shall be administered in accordance with Rules approved by the Council. Such rules shall not be inconsistent with this Agreement or the provisions of the Act and a copy of the rules and any amendments thereto shall be lodged with the Director General of Labour.
(b) In the event of the Council being unable to perform its duties, the Registrar may appoint trustees to perform the Council's functions. The trustees so appointed shall have all the powers vested in the Council for the purpose of this Agreement. Payment (if any) for the services rendered by the trustees shall form a charge against the general funds of the Council.