Members of Parliament and Political Office-Bearers Pension Scheme Amendment Act 137 of 1992

Members of Parliament and Political Office-Bearers Pension Scheme Amendment Act, 1992 (No. 137 of 1992 )

GENERAL EXPLANATORY NOTE:
__ Words underlined with a solid line indicate insertions in existing enactments.

Act

• to amend the Members of Parliament and Political Office-bearers Pension Scheme Act, 1984, so as to grant members of Parliament a choice in respect of certain pension benefits; and
•  to provide for matters connected therewith.

(Afrikaans text signed by the State President.)
(Assented to 2 July 1992.)

BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-

Amendment of section 9 of Act 112 of 1984

1. Section 9 of the Members of Parliament and Political Office-bearers Pension Scheme Act, 1984, is hereby amended by the addition of the following subsections:

"(4) On the termination of the membership of a member who is not entitled to a pension in terms of section 8 or a gratuity in terms of section 11(1), but entitled to a pension in terms of subsection (1) of this section and a gratuity in terms of section 11(2), he may choose between the last-mentioned pension and gratuity and the amount to which he would be entitled in terms of section 13 if he were not entitled to a pension.

(5) A member who desires to exercise a choice in terms of subsection (4) shall do so within six months from the date of commencement of section 3(1) of the Members of Parliament and Political Office-bearers Pension Scheme Amendment Act, 1992, or, if his membership is terminated thereafter, the date of termination thereof.

(6) If the member concerned chooses to receive an amount contemplated in section 13, pension paid to him in terms of subsection (1) of this section and a gratuity paid to him in terms of section 11(2) shall be set off against any amount which becomes payable to him as contemplated in section 13.".

Amendment of section 10 of Act 112 of 1984

2. Section 10 of the Members of Parliament and Political Office-bearers Pension Scheme Act, 1984, is hereby amended by the addition of the following subsections:

"(3) On the termination of the membership of a member who is not entitled to a pension in terms of section 8 or a gratuity in terms of section 11(1) but receives a pension and gratuity in terms of this section, he may choose between such last-mentioned pension and gratuity and the amount to which he would be entitled in terms of section 13 if he were not entitled to a pension.

(4) A member who desires to exercise a choice in terms of subsection (3) shall do so within six months from the date of commencement of section 3(1) of the Members of Parliament and Political Office-bearers Pension Scheme Amendment Act, 1992, or, if his membership is terminated thereafter, the date of termination thereof.

(5) If the member concerned chooses to receive an amount contemplated in section 13, pension paid to him in terms of subsection (l)(i) and a gratuity paid to him in terms of subsection (l)(ii) shall be set off against any amount which becomes payable to him as contemplated in section 13.".

Short title and commencement

3. (1) This Act shall be called the Members of Parliament and Political Office-bearers Pension Scheme Amendment Act, 1992.

(2) Sections 1 and 2 shall be deemed to have come into operation on 1 July 1984.