| (b) |
payment of pensions, or an increase in pensions in course of payment, so as to compensate members for the loss of any subsidy from the employer of their medical costs after retirement; |
| (c) |
meeting, in full or in part, expenses which the employer is obliged to pay in terms of the rules of the fund; |
| (d) |
improving the benefits payable to all members, or a category of members as defined in the rules, as determined by the employer; |
| (e) |
transferring part, or all, of the employer surplus account in terms of subsection (2) to the employer surplus account in another fund where the employer is a participating employer; |
| (g) |
in order to avoid retrenchment of a significant proportion of the workforce, payment in cash to the employer in terms of section 15J; |
| (h) |
transferring part, or all, of the employer surplus account to the member surplus account in the same fund: Provided that the members of the board, who have been elected by members of the fund shall not have a vote in any deliberation over the use of any credit balance in the employer surplus account; or |
| (i) |
repaying part, or all, of surplus utilised improperly by the employer in terms of section 15B(6). |
[Section 15E(1) amended by section 26(a) and (b) of Act No. 45 of 2013]
| (2) |
The registrar may approve the transfer of all, or a portion of, the employer surplus account from the fund to the employer surplus account in another fund, if the following conditions are satisfied, namely that— |
| (a) |
the employer who has control of the employer surplus account in terms of the rules of the fund has control of the employer surplus account in the transferee fund; |
| (b) |
employees of the employer are members or former members of the fund to which the transfer is made; |
| (c) |
the employer applies to the registrar for approval of the transfer, giving such details and supporting reports as the registrar may require; and |
| (d) |
the registrar is satisfied that such transfer is necessary in order to achieve an equitable distribution of the surplus between the funds. |
[Section 15E(2) amended by section 26(c) of Act No. 45 of 2013]
Contingency Fees Act, 1997
