- Government
Gazette 15175
-
STATE
PRESIDENT'S
OFFICE No.
1867
-
15
October
1993
-
- It
is hereby
notified that
the
State
President has
assented
to the
following Act
which is
hereby
published for
general
information:-
-
- No.
154
of
1993: Pension
and Other
Benefits
for Ministerial
Representatives
Act,
1993
-
ACT
-
- To
provide
for the
payment
of pension
and other
benefits
to ministerial
representatives;
and to
provide
for matters
connected
therewith.
-
- (Afrikaans
text
signed by
the State
President.)
(Assented
to 1
October
1993.)
-
- BE
IT ENACTED
by the
State
President
and the
Parliament
of the
Republic
of South
Africa, as
follows:-
-
- Definitions
-
- 1.
In this
Act, unless
the
context
otherwise
indicates-
-
- "ministerial
representative"
means
any
person
appointed
in terms
of section
28(1)
of the
Republic of
South Africa
Constitution Act,
1983
(Act
No. 110
of 1983),
as a
ministerial
representative;
-
- "pensionable
service"
means
actual
pensionable
service
together
with added
pensionable
service
of a
period
of three
months;
-
- "Pension
Act"
means
the Members
of Parliament
and Political
Office-
bearers Pension
Scheme
Act,
1984
(Act No.
112 of
1984).
-
- Pensions
and
gratuities of
ministerial
representatives
-
- 2.
(1) If
a ministerial
representative
has
five or
more
years
-
pensionable
service
to his
credit
on 30
September
1993
there
shall
be paid
to him-
-
- (a)
with
effect from
1 October
1993, a
pension
in terms
of section
9 and,
if
applicable
to him,
in terms
of section
8 of
the Pension
Act;
-
- (b)
a gratuity
in terms
of section
11 of
the Pension
Act.
-
- (2)
For the
purposes
of
paragraphs
(a) and
(b) of
subsection
(1)
-
- (a)
pensionable
service as
defined
in this
Act shall
be the
pensionable
service for
the purposes
of paragraph
(i) of
the formula
referred to
in section
11(1) of
the
Pension
Act;
-
- (b)
in the
case of
a member
referred
to in
section
9(1)(b)
or
11(2) of
the Pension
Act, the
period contemplated
in paragraph
(i)
of the
formula
referred to
in
section
9(1),
and the
period
contemplated
in paragraph
(a) of
the formula
referred
to in
section 11(2),
shall be
extended
by a
period
of three
months.
-
- (3)
A ministerial
representative
who on
30 September
1993 has
less than
five years
pensionable
service
to his
credit
shall
be entitled
to the
-
pension
in terms
of section
9 and
the
gratuity
in terms
of section
11(2) of
the Pension
Act:
Provided
that he
shall
be
entitled
also to
a gratuity
in terms
of section
11(1) of
the Pension
Act:
Provided
further
that for
the purposes
of the
application
of paragraph
(i) of
the
formula
in
section
-
11(1)
of the
Pension
Act only
service as
an
ordinary
member
in respect
of which
contributions
were
made
shall apply.
-
- (4)
The provisions
of this
Act shall
not affect
any
rights
of any
-
person
with regard
to a
pension
or gratuity
in terms
of
section
8, 9
or 11
of the
Pension Act,
but for
the
purposes
of sections
9(1)(b)
and 11(2)
the pensionable
service
of a
person
concerned
shall
be
extended
by a
period of
three
months.
-
(5)
The provisions
of sections
6 and
12 of
the
Pension
Act shall
apply mutatis
mutandis
in respect
of the
calculation
of pensionable
service and
the total
of any
pension or
gratuity
payable
in terms
of this
Act. -
- Benefits
payable
to estate
or dependants
of certain
ministerial
representatives
-
3.
To the
estate of
any person
who at
any time
since 1
September
1993 occupied
the
office of
ministerial
representative
and who
dies
or died -
before
30 September
1993
and to
whose
dependants
no amount
is payable
in
-
terms
of section
15 of
the Pension
Act,
there
shall be
paid
an amount
equal
to the
amount
which
would
have
been
payable
to the
ministerial
representative
concerned
in terms
of the
Pension
Act
if he
still
held
the
office of
ministerial
representative
on 30
September
1993.
-
- Other
benefits
of ministerial
representative,
his
spouse and
his
dependant
children
-
- 4.
Any
person who
on 30
September
1993 holds
the office
of ministerial
representative,
his spouse
and his
dependant
children
shall
be
entitled
-
until
31 December
1993 to
undertake,
at the
expense of
the State,
for any
purpose
whatsoever,
within the
borders
of the
province
in which
he is
resident
a total
of 18
single
journeys
by air,
exchangeable
on a
basis
of three
single
journeys
within
the
province
for one
single journey
to or
from a
place inside
the
Republic
but
outside
the
borders
of the
said
province:
Provided
that the
dependant
children
shall
be entitled
only
to two
single
journeys
on such
exchange
basis,
during the
said
period.
-
- Short
title
-
- 5.
This Act
shall
be
called
the
Pension
and Other
Benefits for
-
Ministerial
Representatives
Act,
1993.
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