South Africa Act or statute

Parliament of the Republic of South Africa

Special Pensions Amendment Act, 2003

appeals and review processapplication deadlinesboard compositionboard meetingsgovernancelegislative amendmentpensionspublic administrationquorumstatutory amendment

Jurisdiction: South Africa
Structure: 9 provisions
Citation: Act 21 of 2003
Dates: updated 7 Oct 2003

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Dates: updated 7 Oct 2003

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Purpose and legislative effect

“The Board may allow a late application if it is satisfied the applicant could not file it on time for reasons beyond the applicant’s control.”

The Board may allow a late application if it is satisfied the applicant could not file it on time for reasons beyond the applicant’s control. This section substitutes a new section titled “Right to appeal against Board’s decision.” An applicant who disagrees with a Board decision may ask the Review Board to review it by written notice within 60 days. This provision amends section 14 of the principal Act by replacing paragraph (b) in subsection (1) with new wording. Three members of the Board make a quorum for any Board meeting.

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Section 6 of the Special Pensions Act, 1996 (hereinafter referred to

The Board may allow a late application if it is satisfied the applicant could not file it on time for reasons beyond the applicant’s control.

Section 1

An applicant who disagrees with a Board decision may ask the Review Board to review it by written notice within 60 days.

Section 8

Section 20 of the principal Act is hereby amended by the addition of the following

Three members of the Board make a quorum for any Board meeting.

Section 4

Section 28 of the principal Act is hereby amended by the substitution for subsection

This section amends the principal Act to establish a Special Pensions Review Board and validates certain late-application condonations and related decisions.

Section 6

This Act is caiied the Special Pensions Amendment Act, 2003.

This section states the Act’s short title: the Special Pensions Amendment Act, 2003.

Section 10

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Source record from www.parliament.gov.za · updated 7 Oct 2003

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Showing 9 of 9 provisions

Substitution 3Amendment 2Commencement 2Short title 2

§ 1Section 6 of the Special Pensions Act, 1996 (hereinafter referred toSubstitution

The Board may allow a late application if it is satisfied the applicant could not file it on time for reasons beyond the applicant’s control.

1. Section 6 of the Special Pensions Act, 1996 (hereinafter referred to as “the principal Act”), is hereby amended by the addition of the following subsection: 5 “(3) Notwithstanding subsection (l)(a)(iii), the Board may condone any late application if the Board is satisfied that, for reasons beyond the control of the applicant, the application could not be submitted on or before the closing date.”. Substitution of section 8 of Act 69 of 1996

Section 1Verify source

§ 2The following section is hereby substituted for sectionSubstitution

This section substitutes a new section titled “Right to appeal against Board’s decision.”

2. The following section is hereby substituted for section 8 of the principal Act: 10 “Right to appeal against Board’s decision

Section 2Verify source

§ 8UJAmendment

An applicant who disagrees with a Board decision may ask the Review Board to review it by written notice within 60 days.

8. UJ Any applicant who disagrees with any decision of the Board may request a review of that decision by sending a written notice in the form prescribed in Schedule 2 to the Review Board within 60 days of the date of the decision. 15 (2) The Review Board has the discretion to condone [late applications] ancrequest for a review received after the period of 60 days referred to in subsection (l).”. 4 No. 25542 GOVERNMENT GAZETTE, 7 OCTOBER 2003 Act No. 21,2003 SPECIAL PENSIONS AMENDMENT ACT, 2003 Amendment of section 14 of Act 69 of 1996

Section 8Verify source

§ 3Section 14 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This provision amends section 14 of the principal Act by replacing paragraph (b) in subsection (1) with new wording.

3. Section 14 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the followingxparagraph: “(b) the Military Pension Act, 19731 Pensions Act, 1976.”. Amendment of section 20 of Act 69 of 1996 5

Section 3Verify source

§ 4Section 20 of the principal Act is hereby amended by the addition of the followingAmendment

Three members of the Board make a quorum for any Board meeting.

4. Section 20 of the principal Act is hereby amended by the addition of the following subsection: “(4) Three members of the Board form a quorum for any meeting thereof.”. Amendment of section 27 of Act 69 of 1996, as amended by section 6 of Act 75 of 1998 10

Section 4Verify source

§ 5Section 27 of the principal Act is hereby amendedCommencement

The Minister must dissolve the Board after it completes its activities, and in any event no later than four years after the commencement date.

5. Section 27 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “( 1) The Minister [may] must dissolve the Board [at any time] after the Board has completed its activities[, but not later than four years after the commence- ment date].”. 15 Amendment of section 28 of Act 69 of 1996, as amended by section 7 of Act 75 of 1998

Section 5Verify source

§ 6Section 28 of the principal Act is hereby amended by the substitution for subsectionCommencement

This section amends the principal Act to establish a Special Pensions Review Board and validates certain late-application condonations and related decisions.

6. Section 28 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “( 1) There is hereby established a Special Pensions Review Board consisting of 20 a person with appropriate legal experience as its Chairperson and two other members[, one of whom must be an actuary].”. Validation of certain acts performed in terms of principal Act and condonation of applications received after closing date 7. (1) The condonation by the Review Board of any late application for a benefit in 25 terms of the principal Act, purporting to have been granted in terms Act, and any subsequent decision on such an application, is hereby validated. of section 8 of that (2) Anything done by the Board after 30 November 2000, which could have been done validly on or before that date in terms of the principal Act, is hereby validated. (3) In this section the words “application” “benefit”, “Board” and “Review Board”, 30 defined in sectio:n 31 of the principal Act, have the meanings ascribed to them in that section. Amendment of section 1 of Act 84 of 1976, as amended by section 1 of Act 26 of 1977, section 4 of Act 97 of 1980, section 17 of Act 96 of 1983, section 1 of Act 49 of 1996, and section 11 of 75 of 1998 Act 8. (1) Section 1 of the Military Pensions Act, 1976, is hereby amended by the substitution in the definition of “military service” for paragraph (b) of the following paragraph: “(b) military service or training performed or undergone by any person in a political organisation [by defined in section 31 of the Special Pensions Act, 1996 (Act 1996)l;”. any person entitled to a pension in terms] No. 69 of 1996. December Date of commencement of certain sections

Section 6Verify source

§ 9Sections 5 and 6 mustShort title

Sections 5 and 6 are treated as having come into operation on 1.

9. Sections 5 and 6 must be regarded as having come into operation on 1 Short title

Section 9Verify source

§ 10This Act is caiied the Special Pensions Amendment Act, 2003.Short title

This section states the Act’s short title: the Special Pensions Amendment Act, 2003.

10. This Act is caiied the Special Pensions Amendment Act, 2003. 35 40 45

Section 10Verify source

Legislative relationships

4 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

1 instrument

Board make a quorum for any Board meeting. 4. Section 20 of the principal Act
Section 4

G–M

1 instrument

Military Pensions Act, 1976
Section 6

N–S

2 instruments

principal Act
Section 3
Special Pensions Act, 1996
Section 1

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