| (a) |
who from any date after 1 August 1946 continuously remained in the fulltime service of the bureau or the council or the State and who has not contributed to the Public Service Pension Fund referred to in section 2 (1) of the Government Service Pensions Act, 1965 (Act No. 62 of 1965), in respect of such service; and |
| (b) |
who immediately before the commencement of this Act was eligible for a gratuity referred to in section 135 of the previous Act, but to whom such gratuity had not been awarded before such date, |
shall be eligible, in lieu of such gratuity, for a service gratuity which shall be equal to the salary (other than any temporary or personal allowance) which he or she received for the two months immediately preceding the date of termination of his service, multiplied by the number of years, including any fraction of a year, of his service and such service gratuity shall be increased by one per cent for each year, including any fraction of a year, by which the period of his service exceeds ten years: Provided that if his service is terminated by retirement before he or she has attained the age of sixty years in terms of subsection (4) on account of permanent poor health or any permanent physical or mental defect, or he or she dies before he or she has attained the age of sixty years, a period of five years shall be added to his service.
[Section 133(1) substituted by section 11 of the Occupational Diseases in Mines and Works Amendment Act, No. 45 of 1975]
| (a) |
who would have been eligible for a gratuity referred to in subsection (1) had he or she not at any date after 1st August, 1946, resigned from the service referred to in subsection (1); and |
| (b) |
who before he or she so resigned, had been in such service for a period of not less than ten years and had not contributed to the Public Service Pension Fund referred to in subsection (1); and |
| (c) |
who has returned to such service, |
shall be eligible for a service gratuity which shall be equal to one-eighth of the salary (other than any temporary or personal allowance) which he or she after his return received for the twelve months immediately preceding the date of termination of his service, multiplied by the number of years, including any fraction of a year, of service before he or she resigned as contemplated in paragraph (a).
| (3) |
If the service of a person who is eligible for a service gratuity referred to in subsection (1) or (2), is terminated by death, such service gratuity shall, notwithstanding the provisions of subsection (4), be awarded— |
| (b) |
if there is no widow, to his dependent children; or |
| (c) |
if there are no dependent children, to any person for whose maintenance he or she was responsible immediately before his death; or |
| (d) |
if there is no such person, to his estate. |
| (4) |
If the service of a person who is eligible for a service gratuity referred to in subsection (1) or (2), is terminated before he or she has attained the age of sixty years, he or she shall not be awarded such service gratuity unless his service is terminated by retirement on account of permanent poor health or any permanent physical or mental defect, on the recommendation of two or more medical practitioners, and with the approval of the Minister, or he or she dies before he or she has attained the age of sixty years. |
[Section 133(4) substituted by section 11 of the Occupational Diseases in Mines and Works Amendment Act, No. 45 of 1975]
| (5) |
A service gratuity referred to in subsection (1) or (2) which has been awarded to any person whose service has been terminated by his retirement, may, in the discretion of the commissioner, be paid in a single payment or in instalments, and if paid in instalments the commissioner shall add to the balance of such service gratuity interest calculated at a rate determined by the commissioner and approved by the Minister. |
| (6) |
If any person to whom a service gratuity referred to in subsection (1) or (2) has been awarded and to whom it is being paid in instalments dies before such service gratuity has been paid in full, the commissioner shall pay the balance thereof— |
| (b) |
if he or she has no widow, to his dependent children; or |
| (c) |
if he or she has no dependent children, to any person for whose maintenance he or she was responsible immediately before his death; or |
| (d) |
if there is no such person, to his estate. |
| (7) |
Any service gratuity awarded in terms of this section shall be paid out of the compensation fund and any payment by way of such gratuity shall be debited in equal proportions to the State Account and the Mines Account. |
"bureau" includes the Miners’ Medical Bureau within the meaning of the previous Act;
"council" means the General Council for Pneumoconiosis Compensation within the meaning of the previous Act.
Protection of Businesses Act, 1978
