SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE:

Demonstrate knowledge and insight into legislation relating to marriage, divorce and maintenance as it applies to employee retirement and insurance benefits

SAQA US ID	UNIT STANDARD TITLE
10391	Demonstrate knowledge and insight into legislation relating to marriage, divorce and maintenance as it applies to employee retirement and insurance benefits
ORIGINATOR
SGB Financial Services
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-
FIELD			SUBFIELD
Field 03 - Business, Commerce and Management Studies			Finance, Economics and Accounting
ABET BAND	UNIT STANDARD TYPE	PRE-2009 NQF LEVEL	NQF LEVEL	CREDITS
Undefined	Regular	Level 4	NQF Level 04	2
REGISTRATION STATUS		REGISTRATION START DATE	REGISTRATION END DATE	SAQA DECISION NUMBER
Passed the End Date - Status was "Registered"		2002-06-12	2004-02-12	SAQA 0742/02
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2005-02-12		2008-02-12

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.

This unit standard is replaced by:

US ID	Unit Standard Title	Pre-2009 NQF Level	NQF Level	Credits	Replacement Status
117131	Explain the legislation relating to marriage, divorce and maintenance as it applies to retirement benefits	Level 4	NQF Level 04	2

PURPOSE OF THE UNIT STANDARD

This unit standard is intended for learners in the insurance retirement fund industry who work in Group Retirement and Insurance Benefits. It requires basic knowledge of the legislation governing marriage, divorce and maintenance as applied by retirement funds.

The qualifying learner is capable of:

Demonstrating knowledge and understanding of the legislation that applies to marriage, divorce and maintenance.

Explaining the different types of marriages and equivalent partnerships that are recognised in South Africa.

Explaining the effect of the Divorce Amendment Act (7 of 1989) and the allocations of retirement fund benefits.

Explaining the application of the Maintenance Act (99 of 1998) to the accrual and payment of retirement fund benefits.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

There is open access to this unit standard. Learners should be competent in Communication, Mathematical and Financial Literacy at Level 3. Learners should be competent in the unit standard Demonstrate knowledge and understanding of the primary legislation that impacts on retirement funds.

UNIT STANDARD RANGE

The typical scope of this unit standard is
1. Legislation includes

The Recognition of Customary Marriages Act (120 of 1998).

The Matrimonial Property Act (88 of 1984).

The Maintenance Act (99 of 1998)

The Divorce Amendment Act (7 of 1989)

The Income Tax Act (58 of 1962 as amended)

The Constitution of the Republic of South Africa Act (108 of 1996).
2. Different types of marriages include, legal marriages, religious and traditional marriages not registered in terms of the Marriages Act (25 of 1961).
3. Documentary evidence required as proof of the existence of a spouse includes marriage certificates and affidavits.
4. Case studies illustrating the obligation of a Fund to pay interest should include an example where the payment of interest is part of the court order.

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1

Demonstrate knowledge and understanding of South African legislation that applies to marriage.

OUTCOME NOTES

Demonstrate knowledge and understanding of South African legislation that applies to marriage, divorce and maintenance and how it impacts on retirement fund matters.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. The legislation that impacts on retirement fund matters is identified and the sections in the legislation that apply to retirement funds are accessed in the relevant Acts.

ASSESSMENT CRITERION 2

2. The general effect of the South African Constitution on legislation relating to marriage, divorce and maintenance is explained with examples.

ASSESSMENT CRITERION 3

3. The role of the Pension Funds Adjudicator is explained and an indication is given of the impact/effect of his/her determinations on the administration of funds in terms of marriage, divorce and maintenance.

SPECIFIC OUTCOME 2

Explain the different types of marriages and partnerships that are recognised in South Africa.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. The concept of marriage is explained with reference to examples.

ASSESSMENT CRITERION 2

2. The concept of a spouse is explained and an indication is given of the documentary evidence required to prove the existence of a spouse.

ASSESSMENT CRITERION 3

3. The impact of the Constitution on the range of marriages and partnerships recognised in South Africa is explained with examples.

SPECIFIC OUTCOME 3

Explain the effect of the Divorce Amendment Act 7 of 1989 on allocations on retirement fund benefits

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. The concept of a divorce is explained with examples.

ASSESSMENT CRITERION 2

2. The concept of a members pension interest in a retirement fund is explained with examples.

ASSESSMENT CRITERION 3

3. The member's pension interest is calculated and presented in a statement of the amount payable on withdrawal.

ASSESSMENT CRITERION 4

4. A divorce order is analysed for compliance with the Divorce Amendment Act (7 of 1989).

ASSESSMENT CRITERION 5

5. The process to be followed on receipt of a divorce order is explained and an indication is given of the implications of non-compliance of the divorce order with the Act.

ASSESSMENT CRITERION 6

6. The party responsible for payment of tax when the benefit is paid from the fund is explained with reference to the Income Tax Act (58 of 1962 as amended) and RF1/98.

ASSESSMENT CRITERION 7

7. The effect of a divorce order requiring the inclusion of interest on the member's pension interest is explained for two case studies.

ASSESSMENT CRITERION 8

8. The obligation of the fund to pay interest on a member's pension interest is explained for two case studies.

ASSESSMENT CRITERION 9

9. The order of preference for deductions against a member's benefit is explained with examples.

SPECIFIC OUTCOME 4

Explain the application of the Maintenance Act 99 of 1998.

OUTCOME NOTES

Explain the application of the Maintenance Act 99 of 1998 to the accrual and payment of retirement benefits.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. The concept of maintenance is explained with examples.

ASSESSMENT CRITERION 2

2. A maintenance order is analysed for validity and an indication is given of the implications of enforcing an invalid order.

ASSESSMENT CRITERION 3

3. The process to be followed on receipt of a maintenance order is explained and an indication is given of the implications of non-compliance by the fund for the member, spouse/partner of a member, retirement funds and employee.

ASSESSMENT CRITERION 4

4. The party responsible for payment of tax when the benefit is paid from the fund is explained with reference to the Income Tax Act (58 of 1962 as amended).

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

This unit standard will be internally assessed by the provider and moderated by a moderator registered by INSQA or a relevant accredited ETQA. The mechanisms and requirements for moderation are contained in the document obtainable from INSQA,
INSQA framework for assessment and moderation.

Critical Cross-field Outcomes (CCFO):

UNIT STANDARD CCFO IDENTIFYING

The learner is able to identify and solve problems in which responses show that responsible decisions have been made in applying the regulations and the different Acts to Employee Benefits.

UNIT STANDARD CCFO COLLECTING

The learner is able to collect, organise and critically evaluate information relating to the Act and regulations.

UNIT STANDARD CCFO COMMUNICATING

The learner is able to communicate effectively using visual, mathematics and language skills in the modes of oral and/or written presentations in explaining the concepts in the Acts and various regulations and calculating member`s pension interest.

UNIT STANDARD CCFO DEMONSTRATING

The learner is able to demonstrate an understanding of the world as a set of related systems by recognising the implications of non-compliance with the Acts for the member, spouse/partner of a member, retirement funds and employee.

UNIT STANDARD NOTES

This unit standard has been replaced by 117131, "Explain the legislation relating to marriage, divorce and maintenance as it applies to retirement benefits", Level 4, 2 credits.

QUALIFICATIONS UTILISING THIS UNIT STANDARD:

	ID	QUALIFICATION TITLE	PRE-2009 NQF LEVEL	NQF LEVEL	STATUS	END DATE	PRIMARY OR DELEGATED QA FUNCTIONARY
Elective	48494	National Certificate: Financial Services Management	Level 3	NQF Level 03	Passed the End Date - Status was "Reregistered"	2012-06-30	INSETA
Elective	48640	National Certificate: Financial Services Management	Level 4	Level TBA: Pre-2009 was L4	Passed the End Date - Status was "Reregistered"	2023-06-30	INSETA
Elective	23973	National Certificate: Financial Services: Wealth Management	Level 5	Level TBA: Pre-2009 was L5	Passed the End Date - Status was "Registered"	2006-08-13	Was INSETA until Last Date for Achievement

PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD:

This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.

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