It is simply one of a number of obligations assumed when voluntarily choosing to be so bound by an employment contract. Using a formula which differentiates between people based on whether they stopped contributing at retrenchment date or earlier has the effect that some members are advantaged by improved retrenchment benefits where others are not - thus there is no improvement for retrenched members like the complainant who stopped contributing some time earlier through no fault of their own. Baxter said there was about R4. This was reflected in the applicant's rules as will be discussed below which provided when a mine employee is promoted to an official and is required to become a member of the MOPF, he or she shall remain a non-contributing member of the applicant. Chamber of Mines Mining industry.
Welcome to Mineworkers Provident Fund Workers of other members of the Chamber of Mines in South Africa and workers of other employers whose. The above benefit will be taxed as per the Income Tax Act of South Africa.
SA mining chamber says $m in pensions uncollected by exminers
A customary union letter signed by three of the deceased's family members before. Mineworkers Provident Fund - Unclaimed Benefits, Johannesburg, Gauteng. likes. This is a free service to enable former Mineworkers members and their.
The right to pension benefits arise out of the employment contract and is part of the consideration that an employee receives in return for rendering his or her services. It is clear from the above that the function of the first respondent is "to dispose of complaints lodged in terms of section 30A 3 of the Act.
EWN is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations. I accept that in the case of the second respondent they may have had a result which many consider unfair.
It should not regulate in an arbitrary manner or manifest 'naked preferences' that serve no legitimate governmental purpose, for that would be inconsistent with the rule of law and the fundamental premises of the constitutional State.
benefits reach ex-mineworkers. According to the annual reports issued by the Registrar of Pension Funds (registrar), the number of members of funds subject to .
If there is no rational relationship, the differentiation in question amounts to a breach of section 8 1 or section 9 1 respectively.
In terms of the actuary's table this amount reflects the member's actuarial reserves in the fund at the time.
This was reflected in the applicant's rules as will be discussed below which provided when a mine employee is promoted to an official and is required to become a member of the MOPF, he or she shall remain a non-contributing member of the applicant. They moved because they were forced to do so on promotion but they were not permitted to transfer their benefits to the MOPF. Certainly the result was unfortunate.
Two such units are of relevance to this matter - the 'union men' bargaining unit and the bargaining unit for officials. No satisfactory case has been made out by the first respondent that the limitation which the differentiation places on the complainant's right to equality before the law read pension fund rules is, as contemplated by section 36 of the Constitution the limitations clause 'reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom'.
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Access to South African Social Security Benefits By Former Mineworkers. National Union of Mineworkers.
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South Africa: High Courts - Gauteng Support SAFLII Mine Employees Pension Fund v Murphy NO and Others (/02)  to as 'officials' while the ' union men' unit of qualified miners and various artisan groupings. The mining industry in South Africa is under pressure from the government and the pension fund amounts that are due to ex-mine workers and their families," NUM union seeks 37% pay hike from gold miners over 2 years.
It is wrong to equate the retrospective amendment of a particular rule in a pension fund with retrospective amendments of a statute or any other piece of legislation.
Mineworkers Provident Fund MWPF
He ends the letter with the following This amount was greater than the total of the defendant's accumulated contributions plus his employer's contributions made to the applicant on his behalf, namely R96In canvassing the issues that he did in the final determination and granting the relief that he did, the first respondent acted beyond his powers.
The third respondent is another fund cited by the complainant in the complaint proceedings that formed the subject matter of this application because of its potential interest in the dispute.
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|Bonuses were calculated on the basis of a basic pension multiplied by a factor based on an employee's years of service in the fund.
In paragraph 20 of the founding affidavit it is alleged as follows:-"In terms of the rules of the applicant and the MOPF at the time, as determined in accordance with collectively arrangements, upon becoming an official, the complainant was required to become a member of the MOPF.
Hoe kon daar so 'n groot verskil wees van Rvir drie jaar se rente wat ek toe nie behoort het aan die Mynwerknemersfonds nie. It is as well to keep these two stages of the enquiry separate.
This, together with the fact that promotion to higher paid ranks within the employer's organisation means increased remuneration and higher contributions to the MOPF in money terms, as the employee's career progressedit is submitted adequately protected the interests of such employees including the interests of the complainant.