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Military Pensions Act, 1976 (Act No. 84 of 1976)

21. Operation of Act

 

(1) The provisions of this Act and any notice issued thereunder shall apply mutatis mutandis to or in respect of any person—
(a) to any person who is entitled under the provisions of the Workmen's Compensation Act, 1941( Act No. 30 of 1941), to compensation in respect of his pensionable disability;
(b) to a dependant or parent of any person referred to in paragraph (a);
(c) to a member or any person who is entitled to a benefit under the regulations made under section 11(1) of the General Pensions Act, 1979 (Act No. 29 of 1979).

[Section 21(1)(c) substituted by section 13(a) of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)]

 

(2) The provisions of this Act and any notice issued thereunder shall apply mutatis mutandis to or in respect of any person—

[Words preceding section 21(2)(a) substituted by section 10 of Act No. 26 of 1977 (Notice No. 444, GG 5463, dated 23 March 1977)]

(a) who is not a person referred to in section 4A; and

[Section 21(2)(a) substituted by section 13(b) of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)]

(b) who is a volunteer as defined in section 1 of the War Pensions Act, 1967 (Act No. 82 of 1967); or
(c) to or in respect of whom Chapter IV of the last-mentioned Act applies,

as if such a person is a member and military service within the meaning of the War Pensions Act, 1967, which he may have performed, is military service as defined in section 1 of this Act.

 

(3)

(a) The amendment of this Act by sections 2 to 9 of the Financial Matters Amendment Act, 2019 (Act No. 18 of 2019), insofar as it provides for a life partner of a member, is deemed to have come into operation on 27 April 1994.
(b) Any member with a spouse or a deceased spouse or the spouse of a deceased member who, by virtue of paragraph (a), qualifies for a pension, gratuity or allowance in terms of this Act may, within 12 months from the effective date of the Financial Matters Amendment Act, 2022—
(i) register in terms of section 4B of this Act; and
(ii) submit claims for the period 27 April 1994 up to the date immediately before the effective date of the Financial Matters Amendment Act, 2019.

[Section 21(3) inserted by section 6 of the Financial Matters Amendment Act, 2023 (Act No. 9 of 2023), Notice No. 3651 of GG48917, dated 7 July 2023 - effective 14 July 2023 per Commencement Notice No. 3683 of GG48962, dated 14 July 2023]