JF(TIME)05

NATIONAL TREASURY ADDITIONAL PROPOSED AMENDMENTS SUBSEQUENT TO PUBLIC HEARINGS HELD ON 2 NOVEMBER 2005

CLAUSE 5

1. On page 3, from line 10 to omit section 6A and to substitute:

"Lapsing of Part 1, and certain savings

6A. (1) Part 1, except for this section, lapses on 31 December 2006.

(2) Subsection (1) does not affect any benefit payable under this Part in respect of which the Board has made a determination in terms of section 7 before 31 December 2006.

(3) Any application for benefits in terms of this Part which has been submitted to the Board before 31 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.’’.

CLAUSE 6

1. On page 3, from line 26, to omit section 6B and to substitute:

"Limitation on benefits payable under Part 1A

6B. A pensioner referred to in section 1 whose monthly pension payments had already begun by 31 December 2006 or a person referred to in section 2 who had already received a survivor's lump sum benefit by that date, may not be granted any benefit other than a funeral benefit under this Part.

2. On page 3, from line 46, to omit subparagraph (ii) and to substitute:

"(ii) until the orphan reaches the age of 23, if the orphan is a full-time student; or"

3. On page 4, in line 32, to omit "pensioner, but not later than three" and to substitute:

pensioner, spouse or child, but not later than 12

4. On page 4, from line 33, to omit subsection (2).

CLAUSE 12

1. On page 5, from line 48, to omit paragraph (a) and to substitute:

"(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 2] section 1, 2 or 6D may apply for, and if qualified, may receive payments also in terms of either or both—

(a) the [Social Pension Act, 1973] Social Assistance Act, 1992;

(b) the Military Pensions Act, 1976.".

CLAUSE 14

1. On page 6, after line 4, to insert the following paragraph:

(b) by the substitution for subsection (3) of the following subsection:

"(3) Benefits received in terms of this Act are taxable, unless exempted under any applicable law.";

 

CLAUSE 16

1. On page 7, from line 11, to omit subsection (1) and to substitute:

"(1)  The Minister must dissolve the Board [after the Board has

completed its activities] as soon as possible after the commencement of the Special Pensions Amendment Act, 2005, but not later than 60 days after 31 December 2006.

CLAUSE 18

1. On page 7, after line 52, to insert the following paragraphs:

"(d) by the insertion after the definition of ‘Board’ of the following definition:

'child' means a child of the pensioner, including a posthumous child, an adopted child and a child born out of wedlock, that–

(a) is under the age of 18;

(b) 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 pensioner’s death, irrespective of his or her age;

2. On page 8, from line 5, to omit the definition of "orphan" and to substitute:

'orphan' means a child of the deceased pensioner that–

(a) has no surviving parent or of whom the other parent is unknown;

(b) has a surviving parent, but the whereabouts of that parent are unknown; or

(c) has a surviving parent, but has been abandoned by that parent;".

CLAUSE 20

1. On page 8, in line 30, to omit "Natural child" and to substitute "Child".