Are you getting a divorce from a government employee? Learn how to claim divorce benefit from GEPF.
The Clean-Break Principle
The “clean-break” principle was added to the Pension Fund Act 24 of 1956 on 13 September 2007. This means that a non member spouse can claim their share of the benefit from the Pension Fund before the member resigns, retires or dies.
This however was not applicable to the Government Employee Pension Law and former spouses of a member had to wait until the member retired, resigned or died.
On 14 December 2011 the The GEP Law Amendment Act 2011 amended the law to provide for the implementation of the “clean-break” principle. This means that former spouses of members contributing to the Government Employee Pension Fund (GEPF) can now claim their share of the fund as stipulated in their divorce order and don’t have to wait until retirement, resignation or death.
To claim your share of the GEPF benefit:
Firstly, your Divorce Order/Settlement MUST state that you do have a claim and the following should be specifically stipulated:
- The percentage that you are entitled to claim
- The name of the Fund (GEPF)
The non member has a choice between:
- Payment to be made to the non-member spouse’s own account
- Payment to be transferred to an approved external fund.
Xpression Assist can help claim divorce benefit from GEPF. We ensure that all documents for your claim are submitted correctly and timely to ensure that your claim is processed as efficiently as possible.
I divorced in 2011 and I got the decree of divorce. It is ordered that the joined estate be divided between the parties. We sold the house and I received a 50% share and I took my furniture and he took his. Is my ex-husband entitled to claim 50% from my GEPF pensions without the settlement agreement?
Good day Linda, to have a valid divorce pension claim at GEPF it must be specifically stipulated in the Divorce Decree/Settlement. In other words, the GEPF cannot make payment when the Divorce Decree/Settlement only states “division of joint estate”. Trust this answers your question. Regards