Founding Affidavit and Annexures
Provisions of the existing Lekgotla La Moruti Good Health Assessment Regulations ("GHARs") 4 of 4 2. Background The GHARs are issued in terms of the Master Regulations and regulate the optional Benefit provided by the Trust. Important provisions Important provisions not included in the GHARs (a) 3. Commencement The GHARs commenced on 1 April 2021 4. Determination of the Benefit The Trust shall determine the Benefit from time to time. 5. Provision of the Benefit Subject to the terms, conditions, exceptions and limitations of these Regulations, the Trust undertakes to make the Benefit available to Committee Members, Youth Committee Members and Moria Staff Members who are in Good Standing. 6. Limitation of liability No person shall have a claim for a Benefit save for a Committee Member. Youth Committee Member or Moria Staff Member in Good Standing. The liability of the Trust shall be limited to the facilitation of the Benefits only. The Trust shall not be liable towards Committee Member, Youth Committee Member or Staff Member or any other person for any loss or damage of any nature whatsoever and howsoever arising from the provision of the Benefit. The Committee Member, Youth Committee Member or Moria Staff Member holds the Trust harmless form any and all claims which may arise from availing himself for the Benefit 7. Claims The Benefit is provided free of charge. A claim for a Benefit must be made at any Service Provider. A claim may only be made once every calendar year. The Results of the blood test in terms of the Benefit will be provided to the Committee Member, Youth Committee Member or Moria Staff Member immediately by the Service Provider. 8. Amendment of the Regulations These Regulations may be amended in writing by the Trust in its sole discretion. 9.Termination of the Regulations The Trust may terminate these Regulations in writing and shall give notice of the Termination date. 10. Delegation and Cession The Committee Member, Youth Committee Member or Moria Staff Member may not cede any rights or delegate any obligations set out in the Regulations. Review of Changes to the Kganya Benefits Fund Trust Reasons for material differences a) Included to provide for the application of the Consumer Protection Act (to the extent applicable). *To the extent any differences between the provisions of the existing Lekgotla La Moruti Good Health Assessment Regulations and the proposed Enhanced Benefit 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 Lekgotla La Moruti Good Health Assessment Regulations and the proposed Enhanced Benefit 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 left most column of the table 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 Provisions of the Enhanced Benefit Regulations 3. Important provisions 3.1 To the extent that the Consumer Protection Act applies to these Enhanced Benefits Regulations, the Trust has a duty to point out certain important provisions in these Enhanced Benefits Regulations. The clauses which contain these important provisions and reasons why they are important are set out below. 3.1.1 Limitation of risk, legal responsibilities and liability 3.1.1.1 Regulation 6.3.2.2.6, regulation 6.3.3.4.2, regulation 6.3.3.5.2, regulation 6.3.4.2.4 and regulation 6.3.5.2.6. are important because they limit and exclude obligations, liabilities and legal responsibilities that the Trust and other persons or entities may otherwise have to a Member. 3.1.1.2 As a result of these clauses, a Member's rights and/or remedies against the Trust and these other persons and entities are limited and excluded. These clauses also limit and exclude a Member's right to recover or make claims for losses, damages, liability or harm a Member or others may suffer. 3.1.2 Assumptions of risk, legal responsibilities and liability by Members 3.1.2.1 Regulation 6.2.3, regulation 6.3.2.2.5, regulation 6.3.4.2.3, regulation 6.3.3.5.2 and regulation 6.3.4.4.6 are important because a Member takes on risk, legal responsibilities and liability. As a result of these clauses, a Member may also be responsible for claims and other amounts. A Member will also be responsible for, and accepts, various risks, damages, harm, and injury which may be suffered by a Member and others for what is stated in these clauses 5. Background The Enhanced Benefits Regulations (" EBRs ") must at all times be read with the Master Regulations, and all terms and conditions set out in the Master Regulations apply to the EBRs. 4. Commencement 4.1 The EBRs commence with effect from the Commencement Date and shall endure until terminated by the Trust in accordance with the Master Regulations. 4.2 The EBRs replace in totality all regulations previously issued by the Trust dealing with the same matters as set out herein, with effect from the Commencement Date 6.1. and 6.2.1 and 6.3.5.2. Trust shall procure benefits 6.1 The Trust shall procure certain Enhanced Benefits for all Members who: (i) satisfy the requirements for membership as set out in the Master Regulations; (ii) have paid their Membership Contributions to the Trust as set out in the Master Regulations; and (iii) qualifies as a Member in Good Standing for purposes of the Enhanced Ancillary Benefits. 6.1.2 The Trust shall procure such benefits using its best endeavours in line with the Financial Sector Charter. 6.2 The following benefits will be procured and/or provided to Members: (i) access to the Thari ya Baruti Pukwana ya Kganya Contract for the provision of insurance cover and funeral (burial) benefits and Additional Funeral Benefits in terms of a Thari ya Baruti Funeral Policy and insurance cover and dread disease benefits, personal accident benefits and Additional Personal Accident Benefits in terms of a Thari ya Baruti Dread Disease and Personal Accident Policy; (ii) payment of the monthly premiums due in terms of the Thari ya Baruti Pukwana ya Kganya Contract; and (iii) the Enhanced Ancillary Benefits. 6.3.5.2.1 - 6.3.5.2.6. Lekgotla la Moruti Good Health Assessment Benefits 6.3.5.2.1 The Trust may from time to time procure the Lekgotla la Moruti Good Health Assessment Benefits from the Service Provider for the Members. 6.3.5.2.2 The Lekgotla la Moruti Good Health Assessment Benefits will entitle Members to have one blood test performed per annum and assessed by a Service Provider to check for high blood pressure, HIV, diabetes, cholesterol or prostate cancer. 6.3.5.2.3 In the event that a Member requires the Lekgotla la Moruti Good Health Assessment Benefits, the Trust shall pay the costs thereof to the Service Provider. 6.3.5.2.6. Limitation of liability It is agreed that the Lekgotla la Moruti Good Health Assessment Benefits are procured by the Trust from the Service Provider. The contractual relationship for the good health assessment benefits will be between the Members and the Service Provider. The Trust's liability for the Lekgotla la Moruti Good Health Assessment Benefits shall be limited to paying the relevant amounts to the Service Provider for conducting the good health assessments. 6.3.5.2.4, 6.3.5.2.5, 6.3.5.3 and Annexe F. Claims 6.3.5.2.4 The Lekgotla la Moruti Good Health Assessment Benefits are provided to Members free of charge. 6.3.5.2.5 A Member may only claim for a Lekgotla la Moruti Good Health Assessment Benefit once every calendar year 6.3.5.3 The Church Official must deal with the Claim as set out in Annexe F. Members requiring the Lekgotla la Moruti Good Health Assessment Benefits must submit the claim for such benefits at the relevant Service Provider appointed by the Trust. The details of such Service Providers will be made available by the Trust to Pay Points from time to time. The results of the blood test in terms of the Lekgotla la Moruti Good Health Assessment Benefit will be provided to the relevant Member directly by the Service Provider Amendments to the regulations EBR does not make reference to this. 3. Termination and regulations The EBRs commence with effect from the Commencement Date and shall endure until terminated by the Trust in accordance with the Master Regulations Delegation and Cession EBR does not make reference to this.
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