Special Pensions Amendment Act
This section replaces the heading to Part 1 of the Special Pensions Act, 1996.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 27 of 2005
- Version
- Undated source snapshot
- Language
- en
- Updated
- Official source
- View official record ↗
Publicly available, excluded from search-engine indexing
This page remains available for direct access and API use, but this release emits
noindex,follow for the following reason:
- The record does not meet this release's canonical indexing criteria.
(market-indexing-disabled)
Statute overview
About this statute
This section replaces the heading to Part 1 of the Special Pensions Act, 1996. A qualifying pensioner is entitled to receive a monthly pension. Section 3 of the principal Act is repealed. This section amends section 6 of the principal Act by changing the heading and part of the wording for applications for benefits under Part 1. Certain benefit payments and pending applications are saved from the lapse of Part 1 in specified pre-31 December 2006 cases.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Special Pensions Amendment Act
Showing 34 of 34
- 1 Verify source ↗
The following heading is hereby substituted for the heading to Part 1 of the Special
AI-assisted research summary: This section replaces the heading to Part 1 of the Special Pensions Act, 1996.
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): 5 “PART 1 [BENEFITS] RIGHT TO PENSION AND SURVIVOR’S LUMP SUM BENEFIT ” . Amendment of section 1 of Act 69 of 1996, as amended by section 1 of Act 75 of 1998 - 2 Verify source ↗
Section I of the principal Act is hereby amended by the substitution for subsection 10
AI-assisted research summary: A qualifying pensioner is entitled to receive a monthly pension.
2. Section I of the principal Act is hereby amended by the substitution for subsection 10 (4) of the following subsection: “(4) Apensioner who qualifies for a benejt in terms of subsection ( I ) is entitled to receive apension, payable monthly, commencing on 1 April 1995 or the first day of the month during which that person attains the age of 35 years, whichever is the later date.”. 15 Repeal of section 3 of Act 69 of 1996 - 3 Verify source ↗
Section 3 of the principal Act is hereby repealed.
AI-assisted research summary: Section 3 of the principal Act is repealed.
3. Section 3 of the principal Act is hereby repealed. 4 No. 28407 GOVERNMENT GAZETTE, 16 JANUARY 2006 Act No. 27.2005 SPECIAL PENSIONS AMENDMENT ACT, 2005 Amendment of section 6 of Act 69 of 1996, as amended by section 2 of Act 75 of 1998 and section 1 of Act 21 of 2003 - 4 Verify source ↗
Section 6 of the principal Act is hereby amended-
AI-assisted research summary: This section amends section 6 of the principal Act by changing the heading and part of the wording for applications for benefits under Part 1.
4. Section 6 of the principal Act is hereby amended- ( a ) by the substitution for the heading of the following heading: “Applications for benefits under Part 1;”; 5 ( 6 ) by the substitution in subsection ( I ) for the words preceding paragraph (a) of the following words: “Any person who applies for a benejt in terms of [this Act] must-”. Insertion of section 6A in Act 69 of 1996 - 5 Verify source ↗
The following section is hereby inserted in the principal Act after section 6:
AI-assisted research summary: Certain benefit payments and pending applications are saved from the lapse of Part 1 in specified pre-31 December 2006 cases.
5. The following section is hereby inserted in the principal Act after section 6: 10 “Lapsing of Part 1, and certain savings 6 d (2) Subsection ( 1 ) does not affect any benejif payable under this Part in respect of which the Board has made a determination in terms of section 7 before 3 1 December 2006. (3) Any application for benejts in terms of this Part which has been suhmitted to the Board before 3 1 December 2006, but on which the Board has not made a determination by that date, must be finalised as if this Part had not lapsed.”. 15 Insertion of heading and sections 6B, 6C, 6D, 6E, 6F and 6G in Act 69 of 1996 20 - 6 Verify source ↗
The following heading and sections are hereby inserted in the principal Act after
AI-assisted research summary: This section inserts a new heading and sections for Part 1A on benefits on death of a pensioner, including a limitation on benefits payable under Part 1A.
6. The following heading and sections are hereby inserted in the principal Act after section 6A: “PART 1A BENEFITS ON DEATH OF PENSIONER Limitation on benefits payable under Part 1A - 6B Verify source ↗
A pensioner referred to in section 1 whose monthly pension
AI-assisted research summary: Some pensioners and survivor-benefit recipients cannot be granted any benefit other than a funeral benefit under this Part.
6B. A pensioner referred to in section 1 whose monthly pension payments had already begun by 3 1 December 2006 or a person referred to in section 2 who had already received a survivor 5 lump sum benejt by that date, may not be granted any benejt other than a funeral benejit under this Part. Right to lump sum benefit 25 30 - 6C Verify source ↗
Subject to section 6E, upon the death of a pensioner a surviving
AI-assisted research summary: A surviving spouse, or if there is no spouse a surviving dependant, gets a lump sum when a pensioner dies; a surviving spouse or orphan also gets a monthly pension, and the Minister must add arrears to the first monthly payment.
6C. Subject to section 6E, upon the death of a pensioner a surviving spouse or, if there is no surviving spouse, a surviving dependant of that pensioner, is entitled to receive a lump sum payment equal to twice the annual amount that was payable to that pensioner immediately before the date of death. 35 Right to monthly pension 6D. ( I ) Subject to section 6E, upon the death of a pensioner- ( a ) a surviving spouse of that pensioner is entitled to receive a monthly pension equal to 50% of the pension that was payable to that pensioner immediately before the date of his or her death for the remainder of the surviving spouse’s life; or ( b ) where there is no surviving spouse, a dependant who becomes an orphan is entitled to receive a monthlypension equal to the 50% of the pension that was payable to that pensioner immediately before the date of his or her death- 40 45 (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 student; or 6 No. 28407 Act No. 27.2005 GOVERNMENT GAZEITE, 16 JANUARY 2006 SPECIAL PENSIONS AMENDMENT ACT, 2005 (iii) for the remainder of the orphan5 life, if the orphan suffers from a permanent and total disability on the date of the pensioner5 death. (2) When the first monthly payment is made to a surviving spouse or orphan in terms of this section, the Minister must include a lump sum covering all the pension payments due to that person from the date of the death of the pensioner to the date of that first payment. 5 Allocation of equal shares in benefit - 6E Verify source ↗
If a pensioner is survived by more than one spouse or, if there are no
AI-assisted research summary: This provision splits certain death-related benefits among multiple qualifying survivors, sets a cap on the total amount, and requires benefit applications to be submitted to the Board within 12 months.
6E. 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 benejt or a monthly pension or both, the Board must allocate an equal share of the lump sum bene@ and the monthly pension to each qualifying spouse, dependant or orphan, as the case may be, but the total benejts for all the surviving spouses, dependants or orphans must not exceed the benejt that would have been payable had there been only one surviving spouse, dependant or orphan. IO 15 Funeral benefits 6F. (I) A funeral benejit 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 apensioner or child of a deceased pensioner; or (c) any dependant who becomes an orphan upon the death of a pensioner or surviving spouse of a deceased pensioner. (2) Section 6E applies with the necessary changes in respect of subsection (l)(b) and (c). Applications for benefits under Part 1A 6G. ( I ) (a) Any person who applies for a benejt under Part I A must- (i) complete an application form in such format as the Board may determine; and (ii) supply the Board with such additional information as it may require. (b) The form must be submitted to the Board as soon as possible after the death of the pensioner, spouse or child, but not later than 12 months thereafter. (2) If a person who would qualify for a benejt is permanently or temporarily disabled and therefore unable to apply for a benejt personally under this part, any person acting on behalf of that disabled person may submit a curator’s application to the Board in such format as the Board may determine.”. 20 !5 b0 15 Insertion of heading in Act 69 of 1996 - 7 Verify source ↗
The following heading is hereby inserted in the principal Act after section 6G:
AI-assisted research summary: This section inserts a new heading into the principal Act after section 6G.
7. The following heading is hereby inserted in the principal Act after section 6G: “PART 1B 40 DETERMINATION BY BOARD AND APPEAL” 8 No. 28407 GOVERNMENT GAZEITE, 16 JANUARY 2006 Act No. 27,2005 SPECIAL PENSIONS AMENDMENT ACT, 2005 Amendment of section 7 of Act 69 of 1996 - 8 Verify source ↗
Section 7 of the principal Act is hereby amended by the addition of the following
AI-assisted research summary: The Board may, on application, reconsider and change or withdraw its determination if it is satisfied that material facts were not previously considered and could have led to a different result.
8. Section 7 of the principal Act is hereby amended by the addition of the following subsection, the current section becoming subsection (1): “(2) The Board may on application reconsider and amend or withdraw its determination in respect of any application, if the Board is satisfied that material facts exist that were not considered by it and that may have resulted in a different determination, had the facts been considered when it made the determination.”. 5 10 15 20 Insertion of heading and of section 8A in Act 69 of 1996 - 9 Verify source ↗
The following heading and section is hereby inserted in the principal Act after
AI-assisted research summary: Benefits payable under the Act must be paid from money appropriated by Parliament for that purpose.
9. The following heading and section is hereby inserted in the principal Act after section 8: “PART 1C MATTERS RELATING TO BENEFITS Moneys for payment of benefits SA. Benefits payable in terms of this Act must be paid from money appropriated by Parliament for that purpose.”. Amendment of section 9 of Act 69 of 1996, as amended by section 3 of Act 75 of 1998 - 10 Verify source ↗
Section 9 of the principal Act is hereby amended-
AI-assisted research summary: This section changes when the Minister must pay pensions and related benefits, and requires certain court-administration steps for benefits.
10. Section 9 of the principal Act is hereby amended- by the substitution ‘for subsection (1) of the following subsection: “(I) The Minister must pay any pension, payable in terms of [this Act] section 1, on the first day of the month in which thepensioner is entitled to that payment, commencing in the month in which the pensioner is first entitled to a payment.”; by the substitution for subsection (3) of the following subsection: - “(3) When the first monthly payment is made to a pensioner in terms of [subsection] section 1(4), the Minister must include- therein a lump sum 25 covering all the pension payments due to that pensioner from either 1 April 1995, or the pensioner’s [6Oth] 35th birthday, whichever is the later, to the date of that first payment.”; by the substitution for subsection ( 5 ) of the following subsection: - - “(5) The Minister must pay any survivor’s lump sum benefzt payable in 30 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 benejiciary.”; and by the substitution in subsection (6) for paragraphs ( a ) and (b) of the following 35 paragraphs, respectively: “(a) the Master of the [Supreme] Hii& Court must appoint an appropriate person to administer that benejit on behalf of the benefzciary; and (b) the Board, on behalf of the applicant, must take the necessary steps 40 to obtain the required order from the Master of the [Supreme] €&& Court.”. Repeal of section 10 of Act 69 of 1996 - 11 Verify source ↗
Section 10 of the principal Act is hereby repealed.
AI-assisted research summary: Section 10 of the principal Act is repealed.
11. Section 10 of the principal Act is hereby repealed. Amendment of section 14 of Act 69 of 1996, as amended by section 3 of Act 21 of 45 2003 and section 1 of Act 30 of 2003 - 12 Verify source ↗
Section 14 of the principal Act is hereby amended-
AI-assisted research summary: Qualifying beneficiaries may apply for and receive certain additional payments; a pension right under this Act ends when another pension right is recognised in the specified way.
12. Section 14 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: “(1) In addition to any benefits granted in terms of this Act, a beneficiary who qualifies as contemplated in [section 1 or 21 section 1,2 50 10 N0.28407 GOVERNMENT GAZETTE, I6 JANUARY 2006 Act No. 27,2005 SPECIAL PENSIONS AMENDMENT ACT. 2005 or 6D may apply for, and if qualified, may receive payments also in terms of either or both- (a) the [Social Pension Act, 19731 Social Assistance Act, 1992; (b) the Military Pensions Act, 1976.”. ( 6 ) by the substitution for subsection (3) of the following subsection: “(3) BeneJits received in terms of this Acr are taxable, unless exempted 5 under any applicable law.”. (c) by the substitution in subsection ( 4 ) for paragraph ( a ) of the following paragraph: “(a) Subject to paragraph (b), any person’s right to a pension in terms of 10 this Act ceases on the day on which that person’s right to a pension= @ (ii) in terms of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996). is recognised as contemplated in section 30A of that L a w s is recognised in terms of the rules of any other employee 15 pension or provident fund or scheme established by or under any pension law.”. Insertion of section 14A in Act 69 of 1996 - 13 Verify source ↗
The following sections are hereby inserted in the principal Act after section 14:
AI-assisted research summary: If a benefit was paid to someone who was not entitled to it, or was overpaid, that person must refund it to the Board within 30 days after written demand. The Minister must also notify the surviving spouse, dependant, or orphan in writing when a benefit is paid.
13. The following sections are hereby inserted in the principal Act after section 14: “Reconsideration and allocation of benefit paid subject to reconsideration and allocation of benefits in accordance with section 6E in the event that another surviving spouse, dependant or orphan not known at the time of the payment applies and qualifies for the same benejt. (2) The Minister must on payment of a benejt inform the surviving spouse, dependant or orphan in writing of the provisions of subsection (1). Repayment of benefit to which person was not entitled 20 25 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 was entitled, must be refunded by the person to the Board within 30 days of written demand by the Board. 30 (2) Despite subsection (1) the Board may- ( a ) allow repayment in instalments; or ( b ) set off any amount due to the Board against any benefit payable in terms of this Act to the person concerned. (3) Despite subsection ( I ) the Review Board may on the recommendation of the Board and if it would be just and equitable to do so- ( a ) allow repayment of a lesser amount; or (h) absolve a person from repayment of the whole amount or any part thereof.”. 35 40 Amendment of section 22 of Act 69 of 1996 - 14 Verify source ↗
Section 22 of the principal Act is hereby amended by the substitution in subsection
AI-assisted research summary: This provision amends section 22 of the principal Act by replacing listed paragraphs with updated Act references.
14. Section 22 of the principal Act is hereby amended by the substitution in subsection ) for paragraphs ( b ) and ( c ) of the following paragraphs, respectively: (3 “(b) the [Exchequer Act, 1975 (Act No. 66 of 1975)l Public Finance Management (c) Act, 1999 (Act No. 1 of 1999); and the [Auditor-General Act, 1995 (Act No. 12 of 1995)] Public Audit Act, 2004 (Act No. 25 of 2004)’’. 45 Amendment of section 23 of Act 69 of 1996 - 15 Verify source ↗
Section 23 of the principal Act is hereby amended-
AI-assisted research summary: This section amends section 23 of the principal Act by repealing subsection (1) and replacing subsection (6)(b).
15. Section 23 of the principal Act is hereby amended- ( a ) by the repeal of subsection (1); and 50 12 No. 28407 GOVERNMENT GAZETTE, 16 JANUARY 2006 Act No. 27,2005 SPECIAL PENSIONS AMENDMENT ACT. 2005 (b) by the substitution in subsection (6) for paragraph (b) of the following paragraph: “(b) subject to the [Exchequer Act, 1975 (Act No. 66 of 1975)] Public Finance Management Act, 1999 (Act No. 1 of 1999), is accountable for all State money that the Board receives or pays, and must keep the records needed to comply with that Act.”. 5 Substitution of seetion 27 of Act 69 of 1996, as amended by section 6 of Act 75 of 1998 and section 5 of Act 21 of 2003 - 16 Verify source ↗
The following section is hereby substituted for section 27 of the principal Act:
AI-assisted research summary: This substituted section is titled “Dissolution of Board” and refers to assigning functions to an officer in the public service, but the excerpt is incomplete.
16. The following section is hereby substituted for section 27 of the principal Act: “Dissolution of Board 10 assign any of the functions Contemplated in subsection (2) to an officer in the public service. (6) A delegation or assignment contemplated in paragraph (a) does not - 17 Verify source ↗
Section 28 of the principal Act is hereby amended by the addition of the following
AI-assisted research summary: The Minister must dissolve the Review Board within 90 days after the Board is dissolved, and then takes responsibility for the Review Board’s functions.
17. Section 28 of the principal Act is hereby amended by the addition of the following subsections: “(6) The Minister must dissolve the Review Board within a period of 90 days 30 after dissolving the Board in terms of section 27( 1). (7) Upon dissolution of the Review Board, the Minister is responsible for the performance of all the functions of the Review Board.”. Amendment of section 31 of Act 69 of 1996, as amended by section 9 of Act 75 of 35 1998 posthumous child, an adopted child and a child born out of wedlock, that- 14 No. 28407 GOVERNMENT GAZETTE. 16 JANUARY 2006 Act No. 27,2005 SPECIAL PENSIONS AMENDMENT ACT, 2005 (6) is under the age of 23 and a full-time student; or ( c ) suffers from a permanent and total disability on the date of the pensioner5 death, irrespective of his br her age;”. ( e ) by the substitution for the definition of “pension” of the following definition: “‘pension’ means a right to the monthly payment o f a pension determined in terms of section 1 or section 6D;”; and (j) by the insertion after the definition of “Minister” of the following definition: “(xiA) ‘orphan’ means a child of the deceased pensioner that- [a) has no surviving parent or of whom the other parent is unknown; jb) has a surviving parent, but the whereabouts of that parent IC) has a surviving parent, but has been abandoned by that are unknown; or parent;”. Amendment of Schedule 3 to Act 69 of 1996 - 19 Verify source ↗
The following Schedule is hereby substituted for Schedule 3 to the principal Act:
AI-assisted research summary: This section replaces Schedule 3 with new pension amounts based on age and years of service.
19. The following Schedule is hereby substituted for Schedule 3 to the principal Act: Schedule 3 PENSIONS PAYABLE IN TERMS OF SECTION l(6) Age category in years 35 but younger than SO SO [but younger than 651 until death 65 and older at the comniencement date 12 OOO Plus 1 200 for each year of service exceeding 5 years with maximum amount of 42000. Where years of service exceed 25 years, a fixed amount of 84 000. 24000 Plus I 200 for each year of service exceeding 5 years with maximum amount of 42000. Where years of service exceed 25 wars. a fixed amount of 84 OOO Addition of Schedule to Act 69 of 1996
Part
Schedule 3
- 20 Verify source ↗
The principal Act is hereby amended by the addition of the following Schedule:
AI-assisted research summary: This schedule adds funeral benefit amounts payable under section 6F for a pensioner, a surviving spouse of a pensioner, and a child.
20. The principal Act is hereby amended by the addition of the following Schedule: Schedule 4 FUNERAL BENEFITS PAYABLE IN TERMS OF SECTION 6F Pensioner Surviving spouse of pensioner Child R7 500 R 7 500 R 3 ooc) Substitution of Table of Contents of Act 69 of 1996
Part
Schedule 4
- 21 Verify source ↗
The following Table of Contents is hereby substituted for the Table of Contents of
AI-assisted research summary: This section replaces the principal Act’s Table of Contents with a new contents list for Part 1 and Part 1A.
21. The following Table of Contents is hereby substituted for the Table of Contents of the principal Act: Section Contents “TABLE OF CONTENTS PART 1 [BENEFITS] RIGHT TO PENSION AND SURVIVOR’S LUMP SUM BENEFIT I . 2. 3. 4. 5. Right to pension Right to a survivor’s lump sum benefit [Payment to survivor on death of pensioner] One benefit only to be granted Allocation of survivor’s benefit I 5 10 15 20 25 30 35 40 45 16 No. 28407 GOVERNMENT GAZETTE, 16 JANUARY 2006 Act No. 27,2005 SPECIAL PENSIONS AMENDMENT ACT, 2005 6. 6A. Applications for benefits under Part 1 Lapsing of Part I , and certain savings PART 1A BENEFITS ON DEATH OF PENSIONER
Part
PART 1A
- 6B Verify source ↗
Limitation on benefits payable under Part 1A
AI-assisted research summary: This section is titled “Limitation on benefits payable under Part 1A.”
6B. Limitation on benefits payable under Part 1A - 6C Verify source ↗
Right to lump sum benefit
AI-assisted research summary: This provision is titled “Right to lump sum benefit.”
6C. Right to lump sum benefit - 6D Verify source ↗
Right to monthly pension
AI-assisted research summary: This section concerns a right to a monthly pension.
6D. Right to monthly pension - 6E Verify source ↗
Allocation of equal shares in benefit
AI-assisted research summary: Section title: allocation of equal shares in benefit.
6E. Allocation of equal shares in benefit - 6F Verify source ↗
Funeral benefits
AI-assisted research summary: This section is about funeral benefits.
6F. Funeral benefits - 6G Verify source ↗
Applications for benefits under Part 1A
AI-assisted research summary: This section is a heading for applications for benefits under Part 1A, followed by Part 1B on determination by the Board and appeal.
6G. Applications for benefits under Part 1A PART 1B DETERMINATION BY BOARD AND APPEAL
Part
PART 1B
- 7 Verify source ↗
Determination by Board
AI-assisted research summary: Pensions cannot be assigned or attached.
7 . Determination by Board 8. Right of appeal against Board’s decision PART 1C MATTERS RELATING TO BENEFITS Moneys for payment of benefits Payment of benefits [Payments to other public pension funds] . . . Increases in pension amounts Pensions cannot be assigned or attached 8A. 9. 10. 1 1 . 12. 13.
Part
PART 1C
- 14 Verify source ↗
Qualilicatioii for other benefits
AI-assisted research summary: Heading for qualification for other benefits and reconsideration or re-allocation of a benefit paid.
14. Qualilicatioii for other benefits I4A. Reconsideration and re-allocation of benefit paid - 14B Verify source ↗
Repayment of bencfit to which person was not entitled
AI-assisted research summary: This section concerns repayment of a benefit paid to someone who was not entitled to it.
14B. Repayment of bencfit to which person was not entitled PART 2 SPECIAL PENSIONS BOARD 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Establishment of Board Appointment of members Remuneration of members Conduct of members Board to be unfettered Board business Staff and contractors Chief Executive Officer Board finances Duties and powers of Board Board investigations Legal proceedings against Board Dissolution of Board Review Board PART 3 GENERAL PROVISIONS 29. 30. 31. 32. Minister’s powers Offences Definitions Short title and commencement 5 10 15 20 25 30 35 40 45 18 No.28407 GOVERNMENT GAZETTE, 16 JANUARY 2006 Act Nu. 27, 2005 SPECIAL PENSIONS AMENDMENT ACT, 2005 SCHEDULES Schedule 1: CRIMES AND LIST OF ACTS Schedule 2: APPLICATION FORM FOR PENSIONS Schedule 3: PENSIONS PAYABLE IN TERMS OF SECTION l(6) Schedule 4: FUNERAL BENEFITS PAYABLE IN TERMS OF SECTION 6F”. 5 Retrospective application of certain section
Part
Schedule 4: FUNERAL BENEFITS PAYABLE IN TERMS OF SECTION 6F”.
- 22 Verify source ↗
Section 6D of the principal Act must be regarded as having come into operation
AI-assisted research summary: Section 6D of the principal Act is to be treated as having come into operation on 1 December 1996.
22. Section 6D of the principal Act must be regarded as having come into operation on 1 December 1996. Short title and commencement - 23 Verify source ↗
This Act is called the Special Pensions Amendment Act, 2005.
AI-assisted research summary: This provision states the Act’s short title: the Special Pensions Amendment Act, 2005.
23. This Act is called the Special Pensions Amendment Act, 2005. 10
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Special Pensions Amendment Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in