South Africa Act or statute

Parliament of the Republic of South Africa

Special Pensions Amendment Act, 2008

administrative actionsapplication procedureapplication processappointmentsbenefit administrationbenefit allocationbenefitsbenefits administrationbenefits eligibilitybenefits paymentboard governancecommencementcompliancedefinitionsdispute resolutioneligibilityformsgovernment administrationgovernment noticesinstalment repaymentinstitutional administrationlegislation amendmentlegislative amendmentministerial powersnotificationspayment recoverypension paymentspensionspublic administrationregulatory appealsrepealset-offstatutory heading amendmentstatutory heading changestatutory heading substitutionstatutory interpretationsubmission deadlinesurvivor benefits

Jurisdiction: South Africa
Structure: 29 provisions
Citation: Act 13 of 2008
Dates: updated 19 Sept 2008

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Dates: updated 19 Sept 2008

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Purpose and legislative effect

“This section replaces the heading to Part 1 of the Special Pensions Act, 1996 with a new heading about pension rights for persons 35 years and older on 1 December 1996 and a survivor's lump sum benefit.”

This section replaces the heading to Part 1 of the Special Pensions Act, 1996 with a new heading about pension rights for persons 35 years and older on 1 December 1996 and a survivor's lump sum benefit. This section sets eligibility and application rules for a pension, requires the designated institution to assess cases and set monthly amounts, and says Part 1AA lapses on 31 December 2010. This section replaces the heading to Part 1A of the principal Act with a new heading about survivor benefits on the death of a pensioner and funeral benefits. This section substitutes a new section 6B into the principal Act. Certain pensioners or survivor-benefit recipients are not allowed to receive any benefit under this Part except a funeral benefit.

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The following heading is hereby substituted for the heading to Part 1 of the Special

Section 1

Section 6F of the principal Act is hereby amended by the substitution for subsection

The provision replaces subsection 6F(1) so that a funeral benefit is payable to specified pensioners, surviving spouses, and dependants when the listed deaths occur.

Section 7

The following section is hereby substituted for section 12 of the principal Act:

The Minister may increase certain pensions in April each year by Gazette notice, if Parliament has appropriated the money, and a designated institution must publish the notice on its website.

Section 14

The following sections are hereby inserted in the principal Act after section 29:

This section states that new sections are inserted into the principal Act after section 29, beginning with a section titled “Fair administrative action”.

Section 21

This Act is called the Special Pensions Amendment Act, 2008, and takes effect on

This provision names the Act and says it starts on a date the Minister sets by notice in the Gazette.

Section 26

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Showing 29 of 29 provisions

Substitution 18Commencement 3Amendment 3Repeal 2

§ 1The following heading is hereby substituted for the heading to Part 1 of the SpecialSubstitution

1. The following heading is hereby substituted for the heading to Part 1 of the Special Pensions Act, 1996 (hereinafter referred to as the principal Act): "PART 1 RIGHT TO PENSION OF PERSONS 35 YEARS OF AGE AND OLDER ON 1 DECEMBER 1996 AND SURVIVOR'S LUMP SUM BENEFIT". Insertion of Part 1AA in Act 69 of 1996

Section 1Verify source

§ 2The following part is hereby inserted in the principal Act after section 6A:Commencement

This section sets eligibility and application rules for a pension, requires the designated institution to assess cases and set monthly amounts, and says Part 1AA lapses on 31 December 2010.

2. The following part is hereby inserted in the principal Act after section 6A: "PART 1AA RIGHT TO PENSION OF PERSONS 30 YEARS OF AGE OR BETWEEN 30 AND 35 YEARS OF AGE ON 1 DECEMBER 1996 Right to pension 6Abis. (1) A person who made sacrifices or served the public interest in establishing a non-racial, democratic constitutional order and who is a I Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT. 2008 citizen, or entitled to be a citizen, of the Republic, has the right to a pension in terms of this Act if that person was— (a) at least 30 years of age, or between 30 and 35 years of age, on the commencement date; and (b) prevented from providing for a pension because, for a total or combined period of at least five years prior to 2 February 1990, one or more of the following circumstances applied: (ii) organisation: (i) That person was engaged full-time in the service of a political organisation, and did not receive any remuneration from an institution other than that political that person was prevented from leaving a particular place or area within the Republic, or from being at a particular place or in a particular area within the Republic, as a result of an order issued in terms of a law mentioned in Schedule 1 to this Act; and that person was imprisoned or detained in terms of any law or for any crime mentioned in Schedule 1 to this Act, or that person was imprisoned for any offence committed with a political objective. (iii) (2) In determining whether a person committed an offence with a the designated political objective as contemplated in subsection (])(b)(m), institution must consider the following factors: (a) The person's motive in committing the offence; (b) (c) (d) the context within which the offence was committed and, in particular, whether the offence was committed in the course of a political uprising or political event; the nature and gravity of the offence; the effect of the commission of the offence on a political opponent, State property, State personnel, private property or individuals; (e) whether the offence was committed as part of a programme, or with the approval of an organisation which promoted a non-racial democratic constitutional order; the relationship, proximity and proportionality of the offence and the political objective pursued in its commission; and (f) (g) whether the offence was committed without— (i) personal gain; or (ii) personal malice. (3) A pensioner who qualifies for a benefit in terms of subsection (1) is entitled to receive a pension, payable monthly, commencing on 1 April 2001. (4) (a) For each pensioner, institution must determine the the designated amount of the monthly pension in accordance with the table in Schedule 3. (b) For the purpose of applying the table in Schedule 3, the qualifying period is the total length of time prior to 2 February 1990 that the pensioner spent in the circumstances listed in subsection (1). (5) A person who qualified for and received a benefit under section 2 prior to the lapsing of Part 1 may not be granted a pension under this Part. (6) (a) Any person who applies for a benefit in terms of Part 1AA must— complete the application form as determined by the designated institution; (i) (ii) have a Commissioner of Oaths certify on the application that the form information swore or affirmed that the applicant contained in that form is correct; and submit the application approval on or before the closing date. (iii) form to the designated institution for (b) A person who qualifies for a benefit who is permanently or temporarily disabled and therefore unable to apply in terms of paragraph (a) personally, or any person acting on behalf of that disabled person, may submit a curator's application in the prescribed form to the designated institution. (7) (a) Part 1AA, except for this subsection, lapses on 31 December 2010. Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT, 2008 (b) Paragraph (a) does not affect any benefit payable under this Part in institution has made a determination in respect of which the designated terms of section 6Abis before 31 December 2010. (c) Any application submitted to the designated which the designated must be finalised as if this Part had not lapsed,". for benefits in terms of this Part which has been institution before 31 December 2010, but on institution has not made a determination by that date, Substitution of heading to Part 1A of Act 69 of 1996

Section 2Verify source

§ 3The following heading is hereby substituted for the heading to Part 1A of theSubstitution

This section replaces the heading to Part 1A of the principal Act with a new heading about survivor benefits on the death of a pensioner and funeral benefits.

3. The following heading is hereby substituted for the heading to Part 1A of the principal Act: "PART 1A SURVIVOR BENEFITS ON DEATH OF PENSIONER AND FUNERAL BENEFITS , Substitution of section 6B of Act 69 of 1996, as inserted by section 6 of Act 27 of 2005

Section 3Verify source

§ 4The following section is hereby substituted for section 6B of the principal Act:Substitution

This section substitutes a new section 6B into the principal Act.

4. The following section is hereby substituted for section 6B of the principal Act: "Limitation on benefits payable under Part 1A referred

Section 4Verify source

§ 6BA pensionerAmendment

Certain pensioners or survivor-benefit recipients are not allowed to receive any benefit under this Part except a funeral benefit.

6B. A pensioner to in section 1 whose monthly pension payments had already begun by 31 December 2006 [or a person referred lump sum benefit to in section 2 who had already received a survivor's by that date] or will begin before or on 31 December 2010, may not be granted any benefit other than a funeral benefit under this Part.". Amendment of section 6D of Act 69 of 1996, as inserted by section 6 of Act 27 of 2005

Section 6BVerify source

§ 5Section 6D of the principal Act is hereby amended by the addition after subsectionCommencement

Some surviving spouses and, if there is no surviving spouse, certain orphans are entitled to a monthly pension, usually starting from the application date and subject to the stated age and disability limits.

5. Section 6D of the principal Act is hereby amended by the addition after subsection (2) of the following subsections: "(3) Subject to section 6E, from the date on which the Special Pensions Amendment Act, 2008, takes effect— (a) a surviving spouse of a pensioner referred to in section 6Abis who died prior to the date on which the Special Pensions Amendment Act, 2008, takes effect, is entitled to receive a monthly pension equal to 50% of the immediately pension before the date of his or her death for the remainder of the surviving spouse's life; that would have been payable to that pensioner (b) a surviving spouse referred to in section 2 who received a survivor's lump sum benefit is entitled to receive a monthly pension equal to 50% of the pension that would have been payable to the deceased person who would have been a qualifying pensioner had that person survived until the commencement date; (c) where there is no surviving spouse, a dependant who became an orphan, is entitled to receive the monthly pension that would have been payable to a surviving spouse in terms of paragraph (a) or (b)— (i) until the orphan reaches the age of 18; or (ii) until the orphan reaches the age of 23, if the orphan is a full-time (iii) student; or for the remainder of the orphan's life, if the orphan suffers from a permanent and total disability on the date of such pensioner's death. (4) A surviving spouse or orphan who qualifies for a benefit in terms of subsection (3) is entitled to receive a pension, payable monthly, commencing on the date on which his or her application was made.". Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT, 2008 Substitution of section 6E of Act 69 of 1996, as inserted by section 6 of Act 27 of 2005

Section 5Verify source

§ 6The following section is hereby substituted for section 6E of the principal Act:Substitution

The designated institution must split certain survivor benefits equally among qualifying spouses, dependants, or orphans, and the total paid cannot exceed the amount payable to one survivor.

6. The following section is hereby substituted for section 6E of the principal Act: "Allocation of equal shares in benefit 6E. (1) If a pensioner is survived by more than one spouse or, if there are no surviving spouses, by more than one dependant or orphan, each of whom qualifies for a lump sum benefit or a monthly pension or both, the [Board] designated institution must allocate an equal share of the lump sum benefit and the monthly pension to each qualifying spouse, dependant or orphan, as the case may be, but the total benefits for all the surviving spouses, dependants or orphans must not exceed the benefit that would have been payable had there been only one surviving spouse, dependant or orphan. (2) If a pensioner referred to in section 6D(3) was survived by more than one spouse or, if there are no surviving spouses, by more than one orphan or dependant, each of whom qualifies for a monthly pension, the designated institution must allocate an equal share of the monthly pension to each qualifying spouse, dependant or orphan, as the case may be, but the total benefits for all the surviving spouses, dependants or orphans must not exceed the benefit that would have been payable had there been only one surviving spouse, dependant or orphan.". Substitution of section 6F of Act 69 of 1996, as inserted by section 6 of Act 27 of 2005

Section 6Verify source

§ 7Section 6F of the principal Act is hereby amended by the substitution for subsectionSubstitution

The provision replaces subsection 6F(1) so that a funeral benefit is payable to specified pensioners, surviving spouses, and dependants when the listed deaths occur.

7. Section 6F of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) A funeral benefit as set out in Schedule 4 is payable to— (a) a pensioner on the death of his or her spouse or child; (b) a surviving spouse upon the death of a pensioner or child of a deceased pensioner; [or] (bA) a surviving spouse upon the death of a child of a pensioner referred to in (c) section 6D(3); any dependant who becomes an orphan upon the death of a pensioner or surviving spouse of a deceased pensioner[.]; or (d) any dependant who becomes an orphan upon the death of a surviving spouse of a pensioner referred to in section 6D(3).". Substitution of section 6G of Act 69 of 1996, as inserted by section 6 of Act 27 of 2005

Section 7Verify source

§ 8The following section is hereby substituted for section 6G of the principal Act:Substitution

Applicants for a benefit under Part 1A must use the designated institution’s form, provide requested extra information, and submit the form as soon as possible after eligibility arises, but no later than 36 months later.

8. The following section is hereby substituted for section 6G of the principal Act: "Applications for benefits under Part 1A 6G. (1) (a) Any person who applies for a benefit under Part 1A must— [Board] (i) complete an application in such format as form the designated institution may determine; and (ii) supply the [Board] designated institution with such additional information as it may require. (b) The form must be submitted to the designated institution for approval as soon as possible after the date on which the spouse or child qualifies to apply for a benefit in terms of this Part, but not later than 36 months thereafter. (2) If a person who would qualify for a benefit is permanently or temporarily disabled and therefore unable to apply for a benefit personally under this part, any person acting on behalf of that disabled person may institution in such submit a curator's application format as the [Board] designated institution may determine.". to the [Board] designated Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT, 2008 Substitution of heading to Part 1B of Act 69 of 1996

Section 8Verify source

§ 9The following heading is hereby substituted for the heading to Part 1B of theSubstitution

This provision replaces the heading for Part 1B of the principal Act with “ADMINISTRATION AND APPEAL.”

9. The following heading is hereby substituted for the heading to Part 1B of the principal Act: "PART 1B [DETERMINATION BY BOARD] ADMINISTRATION AND APPEAL". Substitution of section 7 of Act 69 of 1996, as amended by section 7 of Act 27 of 2005

Section 9Verify source

§ 10The following section is hereby substituted for section 7 of the principal Act:Substitution

The Director-General of the National Treasury is responsible for administering the Act, but the Minister may designate other institutions to do so by notice in the Gazette.

10. The following section is hereby substituted for section 7 of the principal Act: "Administration of Act 7. (1) The Director-General of the National Treasury is responsible for the administration of this Act. (2) The Minister may, despite subsection (1), by notice in the Gazette designate any of the following institutions to administer this Act to ensure the effective and efficient implementation thereof: (a) A national department or government component listed in the Public Service Act, 1994 (Proclamation No. 103 of 1994); or (b) a public entity responsible for the administration of public pensions, listed in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).". Substitution of section 8 of Act 69 of 1996, as substituted by section 2 of Act 21 of 2003

Section 10Verify source

§ 11The following section is hereby substituted for section 8 of the principal Act:Substitution

An applicant who disagrees with a designated institution’s decision may appeal to the Appeal Board by written notice within 60 days.

11. The following section is hereby substituted for section 8 of the principal Act: "Right to appeal against [Board's] designated institution's decision 8. (1) Any applicant who disagrees with any decision of the [Board] designated institution may [request a review of] appeal that decision by sending a written notice in the form [prescribed in Schedule 2] determined by the designated institution to the [Review Board] Appeal Board within 60 days of the date of the decision. (2) [The Review Board has the discretion to condone any request for a review received after the period of 60 days referred to in subsection (1)] An appeal under subsection (1) shall take place on the date and at the place and time fixed by the Appeal Board. (3) The Appeal Board may for the purposes of an appeal under subsection (1)— (a) summon any person who, in its opinion, may be able to give information for the purposes of the appeal or who it believes has in his or her possession or custody or under his or her control any document which has any bearing upon the decision under appeal, to appear before it at a time and place specified in the summons, to be questioned or to produce that document, and may retain for examination any document so produced; (b) administer an oath to or accept an affirmation from any person called (c) as a witness at the appeal; and call any person present at the appeal proceedings as a witness, and interrogate such person and require such person to produce any document in his or her possession or custody or under his or her control, and such person shall be entitled to legal representation at his or her own expense. (4) The procedure at the appeal shall be determined by the chairperson of the Appeal Board. (5) The Appeal Board may confirm, set aside or vary the relevant decision of the designated institution. Act No. 13, 2008 SPECIAL PENSIONS A M E N D M E NT ACT, 2008 (6) A decision of a majority of the members of the Appeal Board shall be a decision of that board. (7) A decision of the Appeal Board must be in writing, and a copy thereof must be made available to the appellant and the design ated institution. (8) A decision of the Appeal Board is final.". Insertion of section 8AA in Act 69 of 1996

Section 11Verify source

§ 12The following section is hereby inserted in the principal Act after section 8:Substitution

This section creates an Appeal Board and sets rules for appointing, replacing, removing, supporting, and paying its members.

12. The following section is hereby inserted in the principal Act after section 8: "Establishment and appointment of Appeal Board 8AA. (1) An Appeal Board is hereby established and must consist of three members appointed by the Minister. (2) The members referred to in subsection (1) must be competent persons, and must include at least one person that is an advocate or attorney with at least 10 years' experience in the practice of law as the chairperson. (3) A member of the Appeal Board is appointed for a period of three years and is eligible for reappointment upon expiry of the member's term of office. (4) A member of the Appeal Board may resign by giving three months' written notice to the Minister. (5) The Minister may terminate the period of office of a member of the Appeal Board— (a) (b) if the performance of the member is unsatisfactory; or if the member, either through illness or for any other reason, is unable to perform the functions of office effectively. (6) The Minister may terminate the period of office of all members of the Appeal Board, if the performance of the Appeal Board is unsatisfactory. (7) In the event of the dismissal of all the members of the Appeal Board, the Minister may appoint persons to act as caretakers until competent persons are appointed. (8) The Minister must appoint a temporary replacement member for an appeal, if before or during an appeal it transpires that any member of the Appeal Board— (a) has any direct or indirect personal interest in the outcome of that appeal; or (b) will, due to illness, absence from the Republic or for any other bona fide reason, be unable to participate or continue to participate in that appeal. (9) A member of the Appeal Board may be paid the remuneration and allowances as the Minister may from time to time determine. (10) Administrative support for the Appeal Board must be provided by the designated institution. (11) The designated institution is responsible for the expenditure of the Appeal Board.". Substitution of section 9 of Act 69 of 1996, as amended by section 3 of Act 75 of 1998 and section 10 of Act 27 of 2005

Section 12Verify source

§ 13The following section is hereby substituted for section 9 of the principal Act:Substitution

The designated institution must pay pensions and certain benefits on time, add lump sums for some first payments, stop monthly payments when the pensioner dies, and take steps for minors or mentally incapacitated survivor-benefit recipients.

13. The following section is hereby substituted for section 9 of the principal Act: "Payment of benefits 9. (1) The [Minister] designated institution must pay any pension, payable in terms of section 1 or 6Abis, on the first day of the month in which the pensioner is entitled to that payment, commencing in the month in which the pensioner is first entitled to a payment. (2) When the first monthly payment is made to a disabled pensioner in terms of section 1(5) the [Minister] designated institution must include a lump sum covering all the pension payments due to that person from 1 April 1995 to the date of that first payment. Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT, 2008 (3) When the first monthly payment is made to a pensioner in terms of institution must include therein a section 1 (4), the [Minister] designated lump sum covering all the pension payments due to that pensioner from either 1 April 1995, or the pensioner's 35th birthday, whichever is the later, to the date of that first payment. (4) The monthly payments payable to a pensioner must cease immedi ately upon the death of the pensioner. (5) The [Minister] designated lump sum benefit payable in terms of this Act, any monthly pension referred to in section 6D or any funeral benefit referred to in section 6F to the beneficiary within 90 days of the date on which [the Board notifies the Minister that a benefit is payable to that beneficiary] an application is approved. institution must pay any survivor's (6) If a [survivor's] benefit is payable to a person who is either under the age of [21,] 18 or mentally incapacitated— (a) the Master of the High Court must appoint an appropriate person to administer that benefit on behalf of the beneficiary: and the [Board] designated institution, on behalf of the applicant, must take the necessary steps to obtain the required order from the Master of the High Court.". (b) Substitution of section 12 of Act 69 of 1996

Section 13Verify source

§ 14The following section is hereby substituted for section 12 of the principal Act:Commencement

The Minister may increase certain pensions in April each year by Gazette notice, if Parliament has appropriated the money, and a designated institution must publish the notice on its website.

14. The following section is hereby substituted for section 12 of the principal Act: "Increases in pension amounts 12. (1) [At any time the Minister may] The Minister may in April of increase the pensions payable to each year, by notice in the Gazette, pensioners, surviving spouses, dependants or orphans on any basis that the Minister considers appropriate, subject to the appropriation by Parliament of money required to finance any increases of such amounts. (2) An increase in terms of this section must apply to every person— (a) who is receiving a pension at that date; (b) in respect of whom a determination is made that he or she is entitled to a pension that will commence after that date: and in respect of whom a determination is subsequently made that he or she is entitled to a pension. (c) (3) An increase in the pension payable to a person who was 50 years of age at the commencement date is payable from the date on which the Special Pensions Amendment Act, 2008, takes effect, irrespective of the date on which that pensioner attained the age of 65. (4) The designated institution shall place any notice referred to in subsection (1) on its official website.". Amendment of section 13 of Act 69 of 1969

Section 14Verify source

§ 15Section 13 of the principal Act is hereby amended by the substitutionSubstitution

Section 13 is amended so that, in subsections (2) and (3), the word "Minister" is replaced with "designated institution".

15. Section 13 of the principal Act is hereby amended by the substitution in subsections (2) and (3) for the expression "Minister", wherever it occurs, of the expression "designated institution". Amendment of section 14A of Act 69 of 1996, as inserted by section 13 of Act No. 27 of 2005

Section 15Verify source

§ 16Section 14A of the principal Act is hereby amended by the substitution inSubstitution

This section amends section 14A by replacing references to “Minister” in subsection (2) with “designated institution.”

16. Section 14A of the principal Act is hereby amended by the substitution in subsection (2) of the expression "Minister", wherever it occurs, of the expression "designated institution". Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT, 2008 Substitution of section 14B of Act 69 of 1996, as inserted by section 13 of Act 27 of 2005

Section 16Verify source

§ 17The following section is hereby substituted for section 14B of the principal Act:Substitution

A person who received a benefit they were not entitled to, or too much of it, must refund the overpayment within 30 days after written demand. The designated institution may let repayment happen in instalments or set off amounts owed, and the Review Board may reduce or waive repayment if recommended and just and equitable.

17. The following section is hereby substituted for section 14B of the principal Act: "Repayment of benefit to which person was not entitled 14B. (1) Any amount paid to a person as a benefit to which that person was not entitled or which was in excess of the amount to which that person designated was entitled, must be refunded by the person to the [Board] institution within 30 days of written demand by the [Board] designated institution. (2) Despite subsection (1) the [Board] designated institution may— (a) allow repayment in instalments; or (b) set off any amount due to the [Board] designated any benefit payable in terms of this Act to the person conccrned[.]; [(3) Despite subsection (1) the Review Board may on the recommen institution against dation of the Board and if it would be just and equitable to do so— (a)](c} [(b)](d) allow repayment of a lesser amount; or absolve a person from repayment of the whole amount or any part thereof.". Substitution of heading to Part 2 of Act 69 of 1996

Section 17Verify source

§ 18The following heading is hereby amended by the substitution for the heading ofRepeal

This provision changes the heading of Part 2 and repeals several sections of Act 69 of 1996.

18. The following heading is hereby amended by the substitution for the heading of Part 2 of the principal Act of the following heading: "PART 2 [SPECIAL PENSION BOARD] POWERS AND FUNCTIONS OF DESIGNATED INSTITUTION". Repeal of sections 1 5 , 1 6 , 1 7 , 1 8 , 1 9, 20, 21, 22, 23, 26, 27 and 28 of Act 69 of 1996

Section 18Verify source

Part

Part 2 of the principal Act of the following heading:

§ 19Sections 15, 16, 17, 18, 19, 20, 21, 22, 23. 26, 27 and 28 of the principal Act areRepeal

This section repeals specified sections of the principal Act and signals an amendment to section 29 of Act 69 of 1996.

19. Sections 15, 16, 17, 18, 19, 20, 21, 22, 23. 26, 27 and 28 of the principal Act are hereby repealed. Amendment of section 29 of Act 69 of 1996, as amended by section 8 of Act 75 of 1998

Section 19Verify source

§ 20Section 29 of the principal Act is hereby amended by—Substitution

This provision amends section 29 of the principal Act by changing its heading, deleting subsections (2) and (3), and inserting new sections 29A and 29B.

20. Section 29 of the principal Act is hereby amended by— (a) (b) the substitution for the heading of section 29 of the following heading: "[Minister's powers] Regulations"; and the deletion of subsections (2) and (3). Insertion of sections 29A and 29B in Act 69 of 1996

Section 20Verify source

§ 21The following sections are hereby inserted in the principal Act after section 29:Provision

This section states that new sections are inserted into the principal Act after section 29, beginning with a section titled “Fair administrative action”.

21. The following sections are hereby inserted in the principal Act after section 29: "Fair administrative action

Section 21Verify source

§ 29AAny administrative action taken in terms of this Act is subject to theProvision

Administrative actions under this Act are subject to the Promotion of Administrative Justice Act, 2000.

29A. Any administrative action taken in terms of this Act is subject to the Promotion of Administrative Justice Act. 2000 (Act No. 3 of 2000). Indemnity

Section 29AVerify source

§ 29BNo employee, consultant, contractor or agent of the designatedAmendment

Employees, consultants, contractors, or agents of the designated institution or Appeal Board are not liable for acts or omissions done in good faith under the Act, unless the conduct was grossly negligent.

29B. No employee, consultant, contractor or agent of the designated institution or Appeal Board incurs any liability in respect of any act or omission performed in good faith under or by virtue of a provision in this Act, unless that performance was grossly negligent.". Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT. 2008 Amendment of section 30 of Act 69 of 1996

Section 29BVerify source

§ 22Section 30 of the principal Act is hereby amended by the substitution forSubstitution

A person who intentionally fails to notify the designated institution of a benefit recipient’s death, and benefits from that failure, commits an offence. A person or political organisation convicted under subsection (1) is liable for a maximum fine of R15 000, except as otherwise provided in subsection (4).

22. Section 30 of the principal Act is hereby amended by the substitution for subsections (2) and (3) of the following subsections: "(2) A person who intentionally fails to notify the [department of Finance] designated institution of the death of a person who was receiving benefits in terms of this Act, and as a result of that failure is benefited in any way, is guilty of an offence. (3) Except as is otherwise provided in subsection (4), a person or political organisation convicted of an offence in terms of subsection (1) is liable for a maximum fine of [R5 000] R15 OOP."'. Amendment of section 31 of Act 69 of 1996, as amended by section 9 of Act 75 of 1998 and section 18 of Act 27 of 2005 (a) (b)

Section 22Verify source

§ 23Section 31 of the principal Act is hereby amended by—Substitution

This section amends Section 31 of the principal Act by changing several defined terms.

23. Section 31 of the principal Act is hereby amended by— the deletion of the definition of "actuary", the substitution for paragraph (c) of the definition of "application" of the following paragraph: "(c) an application on the form referred to in section 6Abis or 6G;"; the substitution for the definition of "beneficiary" of the following definition: " 'beneficiary' means a person who in terms of a determination of the [Board] designated institution qualifies for a benefit"; (c) (d) the substitution for the definition of "benefit" of the following definition: " 'benefit' means a sum of money payable in terms of Part 1, Part 1AA or Part 1A;" (e) (f) the deletion of the definition of "Board"; the insertion after the definition of "dependant" of the following definition: " 'designated institution' means— the National Treasury; or (a) the institution designated by the Minister under section 7;"; (b) (g) the insertion after the definition of "Minister" of the following definition: "'National Treasury' means the National Treasury established by section 5 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);"; (h) the substitution for the definition of "pension" of the following definition: "'pension' means a right determined in terms of section 1, section 6Abis or section 6D;"; to the monthly payment of a pension (i) (j) the deletion of the definition of "public service"; and the deletion of the definition of "Review Board". Act No. 13, 2008 SPECIAL PENSIONS AMENDMENT ACT, 2008 Substitution of Schedule 3 to Act 69 of 1996

Section 23Verify source

§ 24The following schedule is hereby substituted for Schedule 3 to the principal Act:Substitution

This section replaces Schedule 3 with new pension amounts based on age and years of service.

24. The following schedule is hereby substituted for Schedule 3 to the principal Act: Schedule 3 PENSIONS PAYABLE IN TERMS OF SECTIONS 1(6) AND 6Abis(4) Age Category as at 1 December 1996 Current Age Annual pension amount in Rands payable as at 1 April 1995 Younger than 50 6 000 At least 30 but younger than 50 Older than 50 12 000 plus 1 200 for each year of service ex ceeding 5 years, not exceeding a total amount of 30 000 At least 50 but younger than 65 65 and older Younger than 65 12 000 plus 1 200 for each year of service ex ceeding 5 years, not exceeding a total amount of 30 000 Older than 65 24 000 plus 1 200 for each year of service ex ceeding 5 years, not exceeding a total amount of 42 000 24 000 plus 1 200 for each year of service ex ceeding 5 years, not exceeding a total amount of 42 000. Where years of service exceed 25 years, a fixed amount of 84 000 Substitution of certain expressions in Act 69 of 1996

Section 24Verify source

Part

Schedule 3

§ 25The principal Act is hereby amended by the substitution for the expressionShort title

This section amends the principal Act by replacing the word “Board” with “designated institution” wherever it appears.

25. The principal Act is hereby amended by the substitution for the expression "Board", wherever it occurs, of the expression "designated institution". Short title and commencement

Section 25Verify source

§ 26This Act is called the Special Pensions Amendment Act, 2008, and takes effect onAmendment

This provision names the Act and says it starts on a date the Minister sets by notice in the Gazette.

26. This Act is called the Special Pensions Amendment Act, 2008, and takes effect on a date determined by the Minister by notice in the Gazette.

Section 26Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

a new section 6B into the principal Act
Section 4
Administrative Justice Act, 2000
Section 29A

N–S

5 instruments

National Treasury is responsible for administering the Act
Section 10
principal Act
Sections 20, 25
Public Finance Management Act, 1999
Section 23
Special This section replaces the heading to Part 1 of the Special Pensions Act, 1996
Section 1
specified sections of the principal Act
Section 19

T–Z

3 instruments

This provision changes the heading of Part 2 and repeals several sections of Act
Section 18
This provision replaces the heading for Part 1B of the principal Act
Section 9
This section replaces the heading to Part 1A of the principal Act
Section 3

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