Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Private Security SectorMain Collective Agreement30. Provident Fund |
[Clause 30 Heading substituted by section 3 of Notice No. 3446, GG53225, dated 26 August 2025]
| (1) | Membership |
| (a) | Each security officer, subject to the exclusions in clause 1(3), who falls within the definition of eligible employee as contained in the Fund Rules as approved by the Financial Services Conduct Authority (FSCA), shall, on or after coming into operation of this agreement, become a member of the Private Security Sector Provident Fund ("PSSPF"). |
| (b) | If a security officer to whom sub-clause (a) applies is not a member of the PSSPF on the date on which he/she becomes an employee falling within the scope of this Agreement, he/she shall be required to become a member of the PSSPF. |
| (c) | If a security officer who has become a member of the PSSPF ceases to fall within the scope of this agreement owing to the security officer ceasing to be employed in the Private Security Sector or as a result of the employee no longer being classified as an eligible member, as defined, the security officer shall cease to be a member of the PSSPF. The payment of withdrawal benefit shall be made to such security officer as provided for in the PSSPF Rules. |
| (2) | Administration and provision of the Fund |
| (a) | The period of operation of clause 30(3) shall apply to the parties from the date of signature, or date of publication of this Agreement. |
| (b) | The Fund shall be administered in accordance with the Rules of the Fund as approved by the Financial Services Conduct Authority (FSCA) from time to time. Such Rules shall not be inconsistent with this Agreement or the Provisions of the Pension Funds Act, as amended from time to time. |
| (c) | In order to realise the objects of the Fund the trustees shall— |
| (i) | directly control and oversee the operation of the Fund in accordance with the Fund Rules as approved-by the Financial Services Conduct Authority (FSCA) from time to time and the Pension Fund Act; |
| (ii) | enter into an agreement with an administrator to administer the Fund; and |
| (iii) | At their elections— |
| (i) | enter into an agreement with a registered insurance company; or |
| (ii) | establish a self-insurance arrangement or cell captive arrangement to provide Death, Disability and/or Funeral benefits. |
| (d) | Notwithstanding the above, the Fund appoints the Council which will be responsible for the collection and allocation of the contributions in accordance with the Fund Rules as approved by the Financial Services Conduct Authority (FSCA) from time to time. |
| (e) | The contributions collected by the Office of the General Secretary in terms of this clause shall be paid to the Fund in accordance with the rules of the Fund as approved by the Financial Services Conduct Authority (FSCA) from time to time which deals with the allocation of funds. On a month-to-month basis, the Office of the General Secretary shall be responsible for reporting to the Fund on matters relating to the administration of contributions. |
| (f) | A service level agreement between the Office of the General Secretary and the Fund will determine the rates and costs associated with the administration of the contributions. |
| (g) | In the event of the dissolution of the Councilor in the event of its ceasing to function during the currency of this Agreement, the Board of Trustees of the Fund shall take over the functions of the Office of the General Secretary in respect of this section of the Agreement, and if for any reason the Board of Trustees should be unwilling to perform such duties, the Registrar of Pension Funds may appoint trustees to perform the Office of the Bargaining Council's functions. The Board of Trustees so appointed shall have all the powers vested in the Bargaining Council for purposes of this section. Payment, if any, for the services of the trustees shall be borne by the Fund. |
| (3) | Contributions |
| (a) | The employer shall each month deduct from the earnings of each security officer in respect of each month, or part thereof, an amount equal to the table set out below of the employees Fund Salary, being contributions to the PSSPF and employers shall also make an equal contribution to the PSSPF in line with the PSSPF Rules as approved by FSCA. |
(b)
Employer |
Security Officer |
|
Year 1 |
5% |
5% |
Year 2 |
6.5% |
6.5% |
Year 3 |
7.5% |
7.5% |
Year 4 |
7.5% |
7.5% |
| (c) | When a security officer is on approved leave with full pay, or with less than full pay, the security officer shall contribute to the Fund, in accordance with sub clause 30(3)(a), and the employer shall continue to contribute in respect of the security officer, in accordance with sub clause 30(3)(a), and all benefits under the Fund in respect of the security officer shall be maintained. |
| (d) | If a security officer is on approved leave without pay, no contributions shall be made by the security officer in terms of sub clause 30 (3)(a), but the employer shall continue to contribute the employers' portion of the contribution, in order that the death, disability and funeral benefits shall continue to be payable— |
| (i) | throughout the period of leave, if the security officer's leave is due to sickness; or |
| (ii) | for not longer than six months if the security officer's leave is due to reasons other than sickness. |
| (e) | Notwithstanding the provisions of this clause, failure on the part of the employer to make deductions of employees' contributions which it is required to make shall not absolve the employer from having to submit the total amount of the employees' contributions and its own contributions to the Bargaining Council. |
| (f) | The amount payable in each month in terms of this clause shall be deposited by the employer directly into the applicable section 13B account by no later than the 7th immediately following the month in which deductions and contributions were made and shall be as follows— |
In South African currency;
| (i) | by direct deposit into the applicable Section 13B account; |
| (ii) | together with such particulars as are required in terms of the Retirement Funds Act and/or by the board of the PSSPF; |
| (iii) | the contributions payable shall constitute an amount calculated at a rate of not less than the total contributions set out in clause (3)(a) of the employees' salary or as amended by the Board from time to time; and |
| (iv) | such amount as referred to in sub-clause (3)(a) shall constitute an equal contribution by an employer and security officer. |
| (g) | If any amount that falls due in terms of this clause is not received in full by the Bargaining Council by the seventh day of the month following the month for which the amount is payable, then the employer shall be liable to pay interest in accordance with following provisions |
| (i) | The interest shall accrue on the balance of the amount outstanding from time to time from the 1st day until the full amount is received by the Bargaining Council. |
| (ii) | The interest shall accrue at the effective rate and terms as prescribed by the Act and regulation to the Act. |
| (iii) | All the other provisions of the Act that are relevant for purpose of calculating any interest payable by the employer in terms of this sub clause shall mutatis mutandis apply for these purposes. |
| (iv) | For purposes of this sub-clause, "the Act" means the Pension Funds Act as amended from time to time. |
| (h) | Contributions collected by the Bargaining Council and which are due to the PSSPF shall be paid to the PSSPF within seven (7) days of receipt of such monies by the Bargaining Council in line with the approved Rules of the Fund by FSCA. |
| (i) | If any amount which falls due in terms of this clause is not received in full by the administrator of the Provident Fund by the 7th day of the month following the month for which the amount is payable, then the employer is liable to pay penalty interest in accordance with section 13A of the Pension Funds Act |
| (j) | Any deductions in terms of this clause will not be in violation of clause 6(10)(d) of this agreement. |
| (4) | Fund Rules |
| (a) | The Fund Rules constitute the rules that govern the Private Security Sector Provident Fund. In the event of any discrepancy between the Main Collective Agreement of the Bargaining Council and the Fund Rules, the Main Collective Agreement shall prevail in so far as any specific provisions as set out in the Pension Fund Act describes specific provisions and requirements as set out in the Fund Rules as approved by FSCA. |
[Clause 30 substituted by section 3 of Notice No. 3446, GG53225, dated 26 August 2025]