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

Bargaining Council for the South African Road Passenger (SARPBAC)

Rules Retirement Fund (Provident)

Rule A 1 - Membership

 

 

A 1.1        Participation

 

A 1.1.1 Membership of CATEGORY 1 EMPLOYEES

 

In respect of CATEGORY 1 EMPLOYEES, it shall be a condition of employment and therefore compulsory for every person who:

(i) enters an EMPLOYER'S service on or after the COMMENCEMENT DATE;
(ii) is eligible for membership according to the conditions set out in the SCHEDULE and the definition of EMPLOYEE;
(iii) did not receive a retirement benefit from this FUND in terms of Rule A 4; and
(iv) is not an active member of an APPROVED  PENSION FUND or APPROVED PROVIDENT FUND,

 

that such a person becomes a MEMBER of the FUND.

 

Membership commences on the first day of the month coinciding with, or following, the day on which he first becomes eligible.

 

A 1.1.2 Membership of CATEGORY 2 EMPLOYEES

 

In respect of CATEGORY 2 EMPLOYEES, the EMPLOYER shall decide at COMMENCEMENT DATE whether CATEGORY 2 EMPLOYEES shall be eligible for membership of the FUND. If the EMPLOYER decides to include CATEGORY 2 EMPLOYEES for membership of the FUND then such decision will be conveyed to the FUND in writing and the provisions of Rule A 1.1.1 shall also apply to CATEGORY 2 EMPLOYEES.

 

A 1.1.3 No new MEMBERS admitted after TERMINATION  DATE

 

A 1.1.3.1 Notwithstanding anything to the contrary in Rule A 1.1 above, no new MEMBERS will be admitted to the FUND on or after the TERMINATION DATE save for the exception detailed in Rule A 1.1.3.2 below.

 

A 1.1.3.2 In cases where only a portion of MEMBERS  in the employ of an EMPLOYER are transferred in terms of Section 14 of the ACT, new MEMBERS will  be admitted to the FUND on or after the TERMINATION DATE in terms of these RULES, provided  that they meet the eligibility conditions in place at the time.

 

A 1.2        Temporary absence

 

A 1.2.1 A MEMBER'S absence from the EMPLOYER'S service will be regarded as approved temporary absence if an application has been submitted in respect of the INCOME CONTINUATION BENEFIT SCHEME. The following shall apply:
(i) No contributions will be made by or in respect of the MEMBER during the period of approved temporary absence;
(ii) Benefits are determined on the basis that no contributions are added during the period of approved temporary absence and that the GROUP INSURANCE BENEFIT will be determined using the MEMBER'S FINAL SALARY at the commencement of approved temporary absence;

 

A 1.2.2 The maximum period of approved temporary absence for any MEMBER is 3 months.

 

A 1.2.2 If the period of approved temporary absence is terminated (as a result of the expiry of the maximum period of approved temporary absence or otherwise) and the MEMBER concerned is again an EMPLOYEE, his membership continues in the normal way. If, however, he is not an EMPLOYEE at the termination of  such absence, the withdrawal benefits described in these RULES shall be available as if he had then terminated service unless his membership is reinstated with the consent of the. BOARD OF TRUSTEES.

 

A 1.3        Conditions of employment not otherwise affected

 

Nothing contained in these RULES can limit the right of an EMPLOYER to terminate the services of an EMPLOYEE, or the right of an EMPLOYEE to leave the service of an EMPLOYER, subject to the conditions of his employment.

 

A 1.4        Cessation of membership

 

A MEMBER'S membership ceases only:

 

A 1.4.1 when he ceases to be an EMPLOYEE, unless the MEMBER is the recipient of a disability income benefit in terms of the INCOME CONTINUATION BENEFIT SCHEME operated by the COUNCIL in respect of the MEMBERS; or

 

A 1.4.2 when he becomes entitled to any final benefit in terms of this FUND; or

 

A 1.4.3         at dissolution of the FUND,

 

whichever occurs first.