Bargaining Council: Pension Fund Error Review, Exemptions, Sick Pay Contributions, Somatologists & Ministry of Health

PENSION FUND FORMS

The Financial Services Tribunal has warned prospective retirees to review their paperwork carefully, as errors can lead to substantial losses. In a recent case, a member’s retirement was processed as a withdrawal instead of a retirement because the member had incorrectly used a withdrawal form. This error resulted in a significant loss to the member as the tax deductions made were based on a withdrawal, not a retirement. The Pension Fund Adjudicator found that the fund had acted lawfully in accordance with the instructions on the withdrawal form.

The Financial Services Tribunal highlighted that “members must ensure that the forms they sign align with their intentions. Once SARS issues a directive, it is binding and cannot be reversed.”

The Front Office of the HBSI Fund has requested that establishments be asked to make their employees aware that there are different forms that are required for completion in the case of a Withdrawal Benefit claim (Withdrawal-Benefit-Claim-Form-2024.pdf) and a Retirement Benefit Claim (Retirement-Benefit-Claim-Form-2024.pdf).

The Front Office should be contacted if any assistance is needed with any claim.

hbsipension@prevue.co.za

HBSI EXEMPTIONS

We are approaching the end of the window period (September to December), within which exemptions from membership of the HBSI Pension Fund are processed each year, for the following calendar year.

Several establishments with exemptions, currently, have not yet applied for exemption for the 2026 calendar year. Please complete and submit your applications (whether making a new application or renewing an existing application) as soon as possible.

The exemptions currently in place will automatically expire on 31 December 2025. Invoices will be raised in accordance with the Collective Agreement if an application is not received by the Council on time and/or an exemption is not granted.

The Exemption Application Form is available to download from the website ANNEXURE-D.pdf, or you may request an application form via email from exemption@hcsbc.co.za.

The next exemption hearing is scheduled for 28 November 2025, and the last exemption hearing for this year is scheduled to take place on 12 December 2025.

SOMATOLOGISTS

The Minister of Health has given notice (Notice No. 6534 in the Government Gazette 53210 dated 22 August 2025) that, in terms of the Allied Health Professions Act 63 of 1982, and in consultation with the Allied Health Professions Council, he intends to declare the provisions of the Allied Health Professions Act applicable to Somatology and Sports Massage Therapy.

Interested parties are called upon to submit any substantial comments or representations by 21 November 2025. The parties to the Council will submit comments and representations to the Minister.

Affected establishments in the industry are called upon to submit their comments to the Minister. The email address to which comments may be sent is included in the Gazette, which can be accessed by clicking on the link: Somatologists-Government-Notice.pdf.

SICK PAY FUND CONTRIBUTIONS

The Sick Pay Fund Rules make a distinction between the minimum basic salary or wage as recorded in the schedules to the collective agreement of the Bargaining Council (“the prescribed minimum wage”) and the basic salary or wage that is actually paid to the member (“the actual basic salary or wage”).

Establishments are reminded that a member has the right to claim from his or her employer, the balance between the amount claimed (and received) from the SPF and the actual basic salary or wage, in the event of the contributions to the SPF being made on the prescribed minimum, but such member receiving a wage in excess of the prescribed minimum.

Where an employee is disqualified from claiming from the SPF by reason of the employer being in arrears with contributions to the SPF, the employee may request the Council to institute compliance proceedings, and the employee has the right to claim payment from the employer for any period of absence on sick leave due to illness or injury. The employee will be informed accordingly.

REMITTANCE ADVICE/WRITTEN DOCUMENTS TO ACCOMPANY PAYMENT

The Council’s Finance and Administration Department is experiencing an increasing number of challenges and queries concerning the allocation of payments received.

Establishments are reminded to submit a remittance advice/written document to the Council on the date of payment, which indicates in respect of which employees the payment is made, for which beneficiary, the amount to be allocated to each beneficiary and the time period for which the payment is made.

In the event that no remittance or written document is received, the payments will be allocated according to the provisions of the Main Collective Agreement. Once paid over to third-party beneficiaries, these allocated payments cannot be reallocated elsewhere.

Establishments are urged to ensure they are acquainted with the relevant clauses of the Main Collective Agreement, clauses 9.4 and 9.5. Clauses 9.4 and 9.5 of the Main Collective Agreement.pdf

DECEMBER OFFICE CLOSURE

The dates for the closure of the Council Offices over the December period are still being discussed, and once finalised, a notice will be posted on the Council’s website.

In the meantime, if you have any particular matter that you wish to raise with the Council, please plan to have that addressed as soon as possible, preferably before 22 December 2025.

Please consult the Council’s WEBSITE for the contact details of Agents in your area.

For more information, contact: www.hcsbc.co.za