Founding Affidavit and Annexures

3 of 4 9. Nomination of Beneficiary 9.1 A Beneficiary must be nominated by the Member on the MPP Form each time a Membership Book is issued and remains the Beneficiary until changed by the Member in accordance with regulation 9.2. 9.2 A Member may at any time nominate another Beneficiary by completing an AMPP Form in accordance with regulation 10 and subject to the other provisions of this regulation 9, such person shall be the Beneficiary until – 9.2.1 again changed by the Member in accordance with this regulation 9.2, or 9.2.2 a Continuation Membership Book or a Replacement Membership Book is issued in accordance with regulation 9.1. 9.3 Unless otherwise determined by the Trust, a Beneficiary nominated in accordance with regulation 9.1 or 9.2 shall not be effective unless and until the provisions of regulation 4.3.3 and regulation 10.3 respectively have been complied with. 9.4 Notwithstanding that a Beneficiary nominated by a Member is recorded by – 9.4.1 a Pay Point in the Membership Book, or 9.4.2 by the Trust in its records, no representation as to the validity or otherwise of the appointment or the identification of the Beneficiary shall be construed by such recording. 9.5 Where a Member has not nominated a Beneficiary or the Beneficiary – 9.5.1 was not validly appointed, 9.5.2 is a minor or otherwise legally disqualified, 9.5.3 is deceased, 9.5.4 cannot be identified with reasonable certainty, 9.5.5 is indisposed or unreachable, or 9.5.6 is not considered to be a suitable person by the Member's Church or the Trust, the Trust shall request the Member's Church to nominate the Beneficiary and such nomination shall be final and binding. The provisions of regulation 9.5.6 shall not be construed as placing an onus on the Trust or the Member's Church to determine the suitability or otherwise of the Beneficiary 10. Amendment to Member's personal particulars and change of Beneficiary 10.1 An AMPP Form must be completed at a Pay Point where a Member wishes to – 10.1.1 amend or update the Member's personal particulars shown in the Membership Book, and/or 10.1.2 change the Beneficiary. 10.2 The onus shall be on the Member to ensure that – 10.2.1 a copy of the AMPP Form is inserted in the Membership Book, and 10.2.2 the pre-printed sequence number of the AMPP Form and the date of change are recorded in the Membership Book. 10.3 Unless otherwise determined by the Trust, an amendment made in accordance with regulation 10.1 shall not be effective unless and until – 10.3.1 the provisions of regulation 10.2 have been complied with, and 10.3.2 the original AMPP Form signed by the Member has been returned to and received by the Trust (b) 11. Dependants 11. Dependants 11.1 Subject to the other provisions of this regulation 11, a Dependant in relation to a Member in Good Standing shall be – 11.1.1 a natural child, or 11.1.2 a legally adopted child, or 11.1.3 a child adopted by custom provided that both natural parents are deceased, who has been recorded by a Church in the Membership Book of the Member provided that new-born and adopted children of a Member must be recorded within a period of 6 (six) months after the date of birth or adoption as the case may be. Dependant shall specifically exclude a child – 11.1.4 who survives a Member and does not qualify as a Paid-up Dependant in terms of the Burial Benefit Regulations, 11.1.5 of a Dependant of a Member, 11.1.6 who is 25 (twenty-five) years or older. Subject to the other provisions of this regulation 11, a child who is 25 (twenty-five) years or older and permanently dependent on the Member because of mental and/or physical disability ("the Disability") shall not be a Dependant unless – 11.1.7 the Disability existed or occurred whilst the child otherwise qualified as a Dependant, 11.1.8 the Member paid at least one Contribution prior to the date the child would otherwise cease to qualify as a Dependant and thereafter paid a Contribution with a Date of Payment in each ensuring Month. 11.2 Unless otherwise determined by the Trust, a natural child of a Member (who is the father) shall not be a Dependant of the Member unless – 11.2.1 the natural mother is deceased, or 11.2.2 the natural moth is not a member of ZCC, or 11.2.3 the Member is the legal guardian of such a child. The onus of proving that a child is a Dependant shall be on the Member or Beneficiary, and in particular a Dependant envisaged by regulations 11.1.2, 11.1.3 or 11.2 Claims procedure for Benefits Not provided for under the Regulations (d) Nomination of Beneficiary Not provided for under the amended Master Regulation. 13. Amendment to Member's personal particulars 13.1 An AMPP Form must be completed where a Member wishes to amend or update the Member's personal particulars contained in the MPP Form. 13.2 The onus shall be on the Member to ensure that - 13.2.1 the original AMPP Form is inserted in the Payment Receipt Booklet; and, 13.2.2 the pre-printed sequence number of the AMPP Form and the date of change are recorded in the Payment Receipt Booklet. 13.3 Unless otherwise determined by the Trust, an amendment made in accordance with regulation 13.1 shall not be effective unless and until - 13.3.1 the provisions of regulation 13.2 have been complied with; and 13.3.2 the duplicate AMPP Form signed by the Member has been returned to and received by the Trust and/or the Administrator. Dependants Not provided for under the amended Master Regulation. 14. Claim procedure for Benefits 14.1 A Claim for Basic Ancillary Benefits or Enhanced Ancillary Benefits, as applicable, must be made by following the claims procedure set out in the Basic Benefits Regulations and the Enhanced Benefits Regulations, as applicable. 14.2 All claims for insurance benefits in terms of a Insurance Contract must be made in the manner prescribed in that Insurance Contracts and such claims will be settled by the Insurer in its sole discretion. Reasons for material differences a) The reason for the omission of the nomination of a Beneficiary is to make provision for the new insurance group scheme, in terms of which individual policies will be concluded between the Member and the Insurer. The nomination of a Beneficiary will be dealt with in terms of the individual insurance policies. b) The process for amendment of the details of a Beneficiary is omitted from the amended Master Regulations for the same reason as set out under a) above. The provisions in respect of the amendment of the personal particulars of a Member remains unchanged - save for that the AMPP can be accepted by the Trust or the Administrator. c) The reason for the omission of the rules relating to Dependents is to make provision for the new insurance group scheme, in terms of which individual policies will be concluded between the Member and the Insurer. The rules relating to Dependents will be dealt with in terms of the individual insurance policies. d) The reason for the insertion of this is to make provision for the amended insurance scheme, more specifically that claims will be dealt with in terms of the individual policies. Prior to the proposed amendment in terms of the Master Regulations, claims processes where dealt with in the specific Regulation relating to a Benefit. *To the extent any differences between the provisions of the existing Master Regulations and the amended Master Regulations have been identified that do not adversely affect the rights of the members to the Kganya Benefits Fund Trust, such changes have been marked in orange in the corresponding cells below. ** To the extent any differences between the provisions of the existing Master Regulations and the amended Master Regulations have been identified that do adversely affect the rights of the members to the Kganya Benefits Fund Trust, such changes have been marked in red in the corresponding cells below. *** Material differences or changes indicated in red shading shall be accompanied by a letter referencing the material difference or change in the marked column and the corresponding letter referencing such material difference or change will be accompanied by an explanation for the material difference or change. **** Capitalised terms used in this comparison shall have the meaning ascribed to them in the documents considered in this comparison, unless indicated otherwise (a) (c) Master Regulations relating to Membership of the Trust and the Kganya Group Scheme (pre-amendment) Master Regulations relating to Membership of the Trust (as amended)