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GEPF: Who receives your pension benefits?

Feb 1, 2021

GEPF beneficiary nomination formOne of the questions I receive from most retirement fund members is about who has a claim to their retirement funds if they die in service.

As a member of the Government Employees Pension Fund (GEPF) one of the most important documents you need to keep up to date is your beneficiary nomination form. This will inform the trustees as to who your legal and financial dependants are, as well as their contact details. It will make it easier for the fund to make the relevant payments, ensuring your family receives the urgent financial support they need.

It is important to note that while your nomination form can assist the trustees in identifying and contacting beneficiaries, the trustees are still obliged to identify all legal or financial dependants and ensure that the death benefit is distributed equitably amongst the dependants.

The trustees will do an investigation into the dependence of any surviving legal dependants. Legal dependants include a spouse, parents, children, etc. However, anyone who can prove that they were financially dependent on the deceased has a rightful claim on some of the proceeds. This could include a child from another relationship, a parent, or even another partner who was financially supported by the member.

Once the trustees have identified all the dependants, they distribute the benefits according to the level of dependence. For example, if a member of the fund was married and had one adult child who was employed, then the spouse would receive the full benefit.

However, if the child was still living at home, or studying, and therefore dependent on the deceased, then they could have a claim. This does assume that there were no other dependants. Minor children from other marriages or relationships would also be considered in the dependency assessment.

Benefits are based on how long the member was in service at the time of death. If a member dies with less than ten years’ service, the lump sum which will be distributed is based on either the member’s final salary (average of last two years per definition) or the value of the member’s pension in the fund at that time, whichever is greater.

If a member passes away with more than ten years’ service, a lump sum (death-in-service gratuity) is paid to beneficiaries and a monthly pension is paid to the spouse. If the member was a single parent, the minor children receive a child’s pension.

What does a beneficiary nomination form do?

A nomination form is completed while you are still alive and can only be changed by the member of the fund. It is used to identify potential legal/financial dependants, or other beneficiaries if you do not have any dependants.

If you are not married and do not have children or any other dependants, your gratuity will still be paid out to anyone you choose – including your parents or siblings.

The nomination form does not, however, supersede the responsibly of the trustees to provide for financial dependants.

If, for example, the nominated beneficiaries are not financially dependent on the deceased and there are other financial dependants not included on the form, the nominated beneficiaries may receive no money. Only in cases where there are no legal or financial dependants do the trustees distribute death benefits in line with the beneficiary nomination.

Make sure that the total percentage provided for each beneficiary adds up to 100%. You cannot, for example, nominate three beneficiaries giving them each 50%.

How does one prove financial dependence?

In the case of a spouse and minor children, financial dependency is assumed ‒ no further proof is needed.

Financial dependence can also be proved by a divorce order or by supplying bank statements proving that the deceased paid for certain expenses.

Tuition fees, bond repayments, medical aid and any other expenses that were paid by the deceased can be used to prove financial dependence.

It is important to understand who does not qualify as a financial dependant as this can become a contested issue, especially if there were relationships outside the marriage.

A financial/legal dependant includes:

  • A spouse. In the case of customary marriage, if there are two valid spouses, both of them will get an equal share of both gratuity and annuity.
  • A child under the age of 18, or a child who is still receiving financial support such as tuition.
  • A parent who is receiving financial support.

A financial dependant does not include:

  • An adult child who is not receiving financial support from the member.
  • A former spouse or partner who has not received any financial support and financial support is not stipulated in the divorce agreement.

If there are no financial dependants and the member has specified the beneficiary on the nomination form, then payment would be made.

Scenario 1: A member has adult children from a previous relationship who are not receiving financial support. The member is married and has young children with the current partner.

Likely outcome: The trustees will only consider the spouse and minor children as beneficiaries for distribution.

Scenario 2: A member has adult children from a previous relationship and is paying their tuition. The member is married and has young children with the current partner.

Likely outcome: The trustees will distribute the retirement fund among the spouse, young children and adult children in relation to level of dependency. As each case is treated individually, it depends on how many adult children there are. Adult children are usually given a percentage not exceeding 20% if still studying. The age of children is taken into consideration when percentages are determined. The gratuity will be shared amongst all dependants and the spouse will also receive a monthly pension.

Scenario 3: The member has adult children from a previous relationship who are not receiving financial support. The member is not legally married but living with a long-term partner.

Likely outcome: The long-term partner needs to apply to be recognised as the life partner of the deceased in order to be recognised. If the life partner’s application is approved, he/she will receive a share of the gratuity and the monthly pension. In a case where the life partner is not approved but the partner can prove financial dependency on the deceased, the gratuity will be shared among all qualifying dependants, however the partner will not receive the spousal pension.

Where can members get the nomination form?

The nomination form can be obtained from GPAA regional offices, your HR department, or the GEPF website.

Forms can be submitted at the various regional offices, to your HR department, or can be emailed to enquiries@gepf.co.za.

Register your spouse or life partner

As your spouse or life partner is entitled to an annuity when you die, it is important that you register him/her by providing your human resources department with either a certified copy of your marriage certificate, customary union certificate, lobola agreement, civil union certificate, or a certificate confirming your marriage in any other religion.

This article was sponsored by the GEPF.

17 Comments

  1. My brother was retired since 2010 and he passed away in 2020, he paid lobola for the mother of her 17 year old daughter, the claim was done for the minor child, is it possible for the woman to claim his monthly pension for herself

    Reply
    • If she can prove customary marriage then yes, she could have a claim. But they would have had to be together at the time

      Reply
  2. Good day,

    My dad worked for the city of Cape Town for over 22 years and as such, passed away a few days ago.

    I am 20 years old (turning 21 this year) and was his eldest child from his first (and only) marriage until my mom and him divorced and he also had a partner whom he has 2 children with of which are also younger than 18.

    My question is that my dad’s family were never in his life and now that he has passed, they’re showing up claiming that I am not due anything even though by word of mouth, it was said that I was nominated to get 50% of whatevers my dad was to be paid out but I am not sure how to go about verifying this?

    Ps. In the same sentence, I was advised that because I hurriedly got married about 6 month ago (customary marriage, not legally) I am not entitled to be paid out anything. Can you advise on this or whom it is I would need to query this info with?

    Any help would be much appreciated.

    Reply
    • Firstly my condolences on the loss your father. The City of Cape Town fund does not fall under GEPF but the pension fund act rules would apply. This means the trustees of the fund will determine who receives the benefits based on financial and legal dependency. Children under the age of 18 would definitely fall under financial and legal dependency. It would depend on the rules of the fund whether you would qualify (some include children under 21 especially if still studying). The mother of the younger children would possibly have a claim either for the support of the children or if she was a financial dependent in her own right. The best thing to do is to submit your details and provide any evidence if he ever supported you or your mother financially (there may be a provision in the divorce agreement). I do not think whether or not you are married would make a big difference unless it is used to prove that you had no financial dependency on him. I would recommend you just deal directly with the fund and ignore the other relatives – they can can submit their own claims.

      Reply
  3. I am divorced. I have a minor child [age 17]. I am in a long term relationship currently. I have made my fiancé one of the beneficiaries but was told that he will not be guaranteed his share of my pension because my child has to be looked after first, but yet we are financially dependent of each other and he assist financially to support my child because his biological father does not contribute enough. If I die he will not be able to financially support himself or continue to look after my son, although he is not the biological father. We also were told that the biological father will have all the right to my pension which will go into a trust. So how will my fiancé be able to survive financially and continue to look after my son. Does this mean we have to register as life partners or get married if I read your scenarios above. He also indicated that he does not want to live with is father but want to continue staying with my fiancé and want my fiancé to be his guardian. How does the GEPF ensure that they are both financially secure ? I can not find information on divorced couples where the biological parent is still alive and the deceased have appointed an guardian. Do the guardian have to go to court to first apply for guardianship or will the biological parent become the guardian automatically and have access to the GEPF benefits?

    Reply
    • This is from the GEPF:
      The following options are available to the member to ensure that the fiancé and child are taken care of:

      1, she must make sure that her nomination form is updated with people that she wants to access her money 2, She must nominate the fiancé as the guardian for the child should anything happen to her, which means the GEPF will send money to the Master of the High Court and the guardian will access the money on behalf of the child until the child is recognised as an adult.
      3, Lastly, they can register as life partners but this is the last option if they do not do the above.

      And a point of correction to the member, the ex-husband does not have access to her pension because they are divorced, I don’t know where she got that information from but it is incorrect.

      Reply
  4. Please clarify what Minister Mboweni said about withdrawing our pension funds

    Reply
    • No one can access their pension funds unless they resign. That is the current position

      Reply
  5. My aunt passed away few months after pension, she was never married and didn’t have kids.
    How do we find out who are the beneficiaries?

    Reply
    • You would need to send a query to GPAA – do you have any information on her pension fund number etc?

      Reply
  6. Can I give my pension to a friend and make them soul beneficiaries?

    Reply
    • Yes, unless there are other legal or financial dependents. If you are single, not kids, not supporting anyone financially, you can leave your pension to whoever you choose

      Reply
  7. I nominated my mother, brother and my 16 year son in my w1002 form I have a spouse but I didn’t nominate him because he’s working for government too.is he going to qualify automatically or he’s going to get only spousal support.

    Reply
    • he would only get spousal support if not nominated for the gratuity

      Reply
  8. I have recently lost my father who was a pensioner, he retired in 2019 July. He nominated all his 6 Children and 2 Grandchildren who are minors. I would like to ask for the grandchildren as they were financially supported by him what must we do.

    Reply
    • If you are 5 children of the deceased and you claim your parents GEPF, when it’s paying does it process payments same time for all of them or it may happen 2 of them payed and others wait fr a period of time to get paid?.

      Reply

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Maya Fisher-French author of Money Questions Answered

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