Subject to the provisions of this Act—
| (a) |
a member who suffers from a pensionable disability which has been determined at at least twenty per cent in terms of the provisions of this Act, shall be entitled to an annual pension which shall be calculated in accordance with formula I; |
| (b) |
a member to whom a pension has been awarded in terms of paragraph (a), shall be entitled to an annual pension in respect of his dependants, which shall be calculated in accordance with formula II; |
| (c) |
a spouse of a deceased member who, immediately prior to his or her death, was in receipt of a pension in terms of paragraph (b), shall be entitled to such pension with effect from the first day of the month following immediately on the month in which the member died, and such pension shall with effect from the said date be supplemented— |
| (i) |
in the case of a spouse of a deceased member who has died as a result of his or her pensionable disability, by an amount which shall be equal to half of the amount of the annual pension to which he or she would have been entitled in terms of paragraph (a) if the degree of his or her pensionable disability had been determined at one hundred per cent; and |
| (ii) |
in the case of a spouse of a deceased member who has died of a cause other than his pensionable disability, by an amount which shall be equal to half of the amount of the annual pension which was payable to the member in terms of paragraph (a) immediately prior to his or her death; |
[Section 4(c) substituted by section 4(a) of Act No. 18 of 2019 (Notice No. 799, GG 42482, dated 23 May 2019)]
| (d) |
a spouse of a deceased member who, on the date of his or her death, was not in receipt of a pension in terms of paragraph (b), shall be entitled to the pension to which the member would have been entitled in terms of that paragraph if he or she had not died, and the latter pension shall be supplemented— |
| (i) |
in the case of a spouse of a deceased member who has died as a result of his or her pensionable disability, by an amount which shall be equal to half of the amount of the annual pension to which he or she would have been entitled in terms of paragraph (a) if the degree of his or her pensionable disability had been determined at one hundred per cent; and |
| (ii) |
in the case of a spouse of a deceased member who has died of a cause other than his or her pensionable disability, by an amount which shall be equal to half of the amount of the annual pension which was payable to the member in terms of paragraph (a) immediately prior to his or her death or to which he or she would have been entitled in terms of that paragraph if he had not died; |
[Section 4(d) substituted by section 4(b) of Act No. 18 of 2019 (Notice No. 799, GG 42482, dated 23 May 2019)]
| (e) |
the children of a deceased member who immediately prior to his or her death was in receipt of a pension in terms of paragraph (a) or who would have been entitled to such pension if he or she had not died and who is not survived by a spouse or whose spouse dies after his or her death, shall be entitled to an annual pension which shall be calculated in accordance with formula II; |
[Section 4(e) substituted by section 4(c) of Act No. 18 of 2019 (Notice No. 799, GG 42482, dated 23 May 2019)]
| (f) |
each parent of a deceased member who is not survived by a dependant, shall be entitled to an annual pension which shall be equal to twenty per cent of the amount of any pension which was payable to the member in terms of paragraph (a) immediately prior to his death, or to which he would have been entitled in terms of the said paragraph, if he had not died. |
National Small Business Act, 1996 (Act 102 of 1996)
