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Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

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Concern regarding the "debt" created by rule 14.10.9 of the government employees' pension fund rules

Motseotsile Clement Marumoagae

Abstract


This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that part of such a member's pension interest be paid over to his or her spouse. I argue that this debt is in fact a loan which is provided to the member, which he or she would be expected to pay when he or she exits the fund, with interest. This is despite the fact that the rules of the GEPF do not permit the granting of loans to its members. I argue that the creation of such a loan has the effect of diminishing the GEPF's member’s benefits, and thus threaten his or her social security, and can lead to the member becoming unable to provide for himself or herself when he or she reaches retirement age.

Keywords: Government Employees Pension Fund; Divorce Debt; Pension Interest; Social Security




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