Government Employees Pension Fund (Condonation of Interrupted Service) Act 43 of 2008
REPUBLIC OF SOUTH AFRICA
Vol. 522 Cape Town 3 December 2008 No. 31669
THE PRESIDENCY No. 1311 3 December 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 43 of 2008: Government Employees Pension Fund (Condonation of Interrupted Service) Act, 2008.
To give effect to a petition granted by the National Assembly condoning the interrupted service of a certain individual for the calculation of pens ion benefits payable to his spouse under the G o v e r n m e n t Employees Pens ion Fund Law, 1996 (Proclamation No . 21 of 1996); and to provide for matters connected therewith.
E IT E N A C T E D by the Par l iament of the Republ ic of South Africa, as fo l lows:—
1. In this Act, unless the context indicates otherwise , a word or expression to which a meaning has been assigned in the Government Employees Pension Fund Law, 1996 (Proclamation No. 21 of 1996), has the mean ing assigned to it in that Act.
Condonat ion of interrupted service
2. (1) Despite anything to the contrary in any other law, the service of Advoca te Abraham Gerhardus Kel lermann, as rendered to the former Depar tment of Just ice for the period 1 January 1980 until 31 January 1991 and for the period 1 Sep tember 1991 until 6 September 2000, must be regarded as cont inuous service of 20 years for the purposes of calculat ing the pension benefits due to his surviving spouse, Chloe J emima Kel lermann. under the Gove rnmen t Employees Pension Fund Law, 1996 (Proclamation No . 21 of 1996), and the Rules issued under that Law.
(2) The benefits to which his spouse is entitled to in terms of subsection (1) is payable from the date of his death on 6 September 2000 . and is payable by the Government Employees Pension Fund.
(3) The benefits payable under subsection (2) must be paid to his spouse within 60 days of the c o m m e n c e m e n t of this Act .
Compensat ion of Fund
3. (1) (a) The employer must pay a single one-off amount calculated by an actuary appointed by the Fund as compensa t ion in full for the liability incurred by the Fund in terms of section 2.
(b) In calculat ing the liability contemplated in subsection (1), the actuary must take into account—
(i) any contr ibut ions paid to the Fund or a previous fund, by the employer or Advocate Abraham Gerhardus Kel lermann, not paid to Advoca te A b rah am Gerhardus Kel lermann on termination of his services on 31 January 1991 ; and
(ii) interest on the contr ibut ions contemplated in subparagraph (i).
Act No. 43, 2008 GOVERNMENT EMPLOYEES PENSION FUND (CONDONATION OF INTERRUPTED SERVICE) ACT. 2008
(2) The compensat ion contemplated in subsect ion (1) is a direct charge against the National Revenue Fund.
4. This Act is called the Government Employees Pension Fund (Condonat ion of Interrupted Service) Act, 2008.