Founding Affidavit and Annexures

Provisions of the existing BBR, DDR & PAR and TYBR 11 of 11 1. Introductions This is not provided for in the BBR, DDR & PAR and TYBR 2. Background This is not provided for in the BBR, DDR & PAR and TYBR 3 Continuation of rights This is not provided for in the BBR, DDR & PAR and TYBR 4 Use of information This is not provided for in the BBR, DDR & PAR and TYBR 5 Policy documents This is not provided for in the BBR, DDR & PAR and TYBR 6 Insurance cover for Existing Members This is not provided for in the BBR, DDR & PAR and TYBR 7. Minors who are Existing Members This is not provided for in the BBR, DDR & PAR and TYBR *To the extent any differences between the provisions of the existing Burial Benefits, Dread Disease and Personal Accident Regulations and the proposed Thari ya Baruti Pukwana ya Kganya Contracts 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 Burial Benefits, Dread Disease and Personal Accident Regulations and the proposed Thari ya Baruti Pukwana ya Kganya Contracts 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 Review of Changes to the Burial Benefits, Dread Disease and Personal Accident Regulations of the Kganya Benefits Fund Trust Reasons for material differences Provisions of the Thari Ya Baruti Pukwana Ya Kganya Contract ("TYB Contract") Par 4 - 1 Introductions 1.1 This Thari ya Baruti Pukwana ya Kganya Contract comprises Part I, Part II, Part III and this Part IV. 1.2 Part IV applies only in respect of Members who are Church Officials and who acquired Membership to the Kganya Benefits Fund Trust before the Effective Date, being the Existing Members. 1.3 This Part IV provides the additional terms and conditions applicable to all Existing Members who are Policyholders in terms of this Thari ya Baruti Pukwana ya Kganya Contract, and must be read with Part I, Part II and Part III. 1.4 All capitalised terms defined in Part I, Part II and Part III bear the same meaning in this Part IV. Part 4- 2 Background 2.1 All Members of the Kganya Benefits Fund Trust (including Members who are Church Officials) were, as part of the membership to the Kganya Benefits Fund Trust, previously covered as assured lives in terms of group policies between the Kganya Benefits Fund Trust and the Insurer for burial benefits, personal accident benefits and dread disease benefits ("the Previous Group Policies"). 2.2 Due to a change in the insurance laws, the Kganya Benefits Fund Trust and the Insurer are required to terminate all Previous Group Policies and replace them with individual insurance policies with the Members as Policyholders. This also resulted in the need for the Kganya Benefits Fund Trust to make certain changes to the Membership rights of its Members. 2.3 Accordingly, the Kganya Benefits Fund Trust procured access to this Thari ya Baruti Pukwana ya Kganya Contract for all Church Officials who are Members and who satisfy the requirements for Membership to the Kganya Benefits Fund Trust, whereby the Church Officials who are Existing Members , previously covered as assured lives under the Previous Group Policies, will become Policyholders in terms of this Thari ya Baruti Pukwana ya Kganya Contract. 2.4 The amendments to rights of the Members as explained above, and set out in the trust deed of the Kganya Benefits Fund Trust, read with the Master Regulations and the Enhanced Benefits Regulations, have been confirmed by an order of the High Court in terms of court order [●] and will become effecƟve from the EffecƟve Date. 2.5 With effect from the Effective Date, all Church Officials who are Existing Members and who were covered as assured lives in terms of the Previous Group Policies, will no longer be assured lives under the Previous Group Policies, but will become Policyholders in terms of this Thari ya Baruti Pukwana ya Kganya Contract Part 4 - 3 Continuation of Rights 3.1 It is recorded that: 3.1.1 all Membership Contributions paid by an Existing Member to the ZCC before the Effective Date, as recorded in the Existing Membership Book, will be taken into consideration for purposes of this Thari ya Baruti Pukwana ya Kganya Contract; 3.1.2 all Membership Contributions missed by an Existing Member before the Effective Date, as recorded in the Existing Membership Book, will be taken into consideration as Missed Premiums for purposes of this Thari ya Baruti Pukwana ya Kganya Contract; 3.1.3 this Thari ya Baruti Pukwana ya Kganya Contract commences on the Effective Date. Notwithstanding the commencement of this Thari ya Baruti Pukwana ya Kganya Contract, the date of inception of insurance cover in terms of the Policies is deemed to be the date of commencement of cover in respect of the Existing Member as assured life under the Previous Group Policies, subject to the provisions of clause 6 of this Part IV; 3.1.4 any waiting periods completed and/or partially completed in respect of the Existing Member as assured life under the Previous Group Policies, will be taken into account to determine the Waiting Period or any remaining portion thereof to be applied for purposes of the Policies; 3.1.5 without limitation to clause 3.1.4 of this Part IV, it is recorded that the Previous Group Policies constitute a previous policy for purposes of clause 3 of Part II; 3.1.6 any Membership Books (including all records relating to the payment history of Membership Contributions evidenced by Receipts) issued by the Kganya Benefits Fund Trust to an Existing Member before the Effective Date, shall remain in force, subject to any amended terms and conditions as contained in any endorsements issued by the Kganya Benefits Fund Trust; 3.1.7 all MPP Forms and AMPP Forms completed before the Effective Date shall be accepted by the Insurer for purposes of the cover in terms of the Policies; 3.1.8 all claims for Benefits which arose under the Previous Group Policies shall – 3.1.8.1 if submitted before the Effective Date, be dealt with in accordance with the terms of the Previous Group Policies; or 3.1.8.2 if submitted after the Effective Date, will be dealt with in accordance with the terms of this Thari ya Baruti Pukwana ya Kganya Contract; and 3.1.9 all claims made under the Previous Group Policies shall be considered in terms of this Thari ya Baruti Pukwana ya Kganya Contract to determine whether the limitations in terms of the number of claims, as provided for in terms of the Policies, have been reached, in which event a claim for Benefits shall be rejected. Part 4 - 4. Use of information A n Existing Member agrees that the information provided to the ZCC and/or the Kganya Benefits Fund Trust in terms of the Previous Group Policies for Membership, may and shall be provided by the Kganya Benefits Fund Trust (or its administrator, Kganya Insurance Administrators) to the Insurer for purposes of this Thari ya Baruti Pukwana ya Kganya Contract Part 4 - 5 Policy documents This Thari ya Baruti Pukwana ya Kganya Contract and the Policy Schedule will be contained in the Membership Terms and Conditions Booklet to be issued to all Members on or before the Effective Date Part 4 - 6. Insurance cover for Existing Members 6.1 Insurance cover in respect of the Assured Lives of Existing Members commences on the date that insurance cover in respect of the Assured Lives in terms of the Previous Group Policies commenced, provided that the Existing Member– 6.1.1 completed the MPP Form and purchased a Membership Book; and 6.1.2 paid a Membership Contribution at any time before the Effective Date Part 4 - 7. Minors who are Existing Members 7.1 The previous terms and conditions of Membership to the Kganya Benefits Fund Trust permitted members of the ZCC who are 16 (sixteen) years and older, to apply for Membership to the Kganya Benefits Fund Trust. 7.2 With effect from the Effective Date, the entry age for Membership to the Kganya Benefits Fund Trust has been increased to 18 (eighteen) years of age. 7.3 This means that some Existing Members may be below the age of 18 (eighteen) years of age upon conclusion of this Thari ya Baruti Pukwana ya Kganya Contract ("Minor Existing Members"), and therefore legally unable to conclude the Thari ya Baruti Pukwana ya Kganya Contract. 7.4 For this reason, it is agreed that: 7.4.1 the Kganya Benefits Fund Trust will conclude the Thari ya Baruti Pukwana ya Kganya Contract for each Minor Existing Member and will hold the Policies for the exclusive benefit of the Minor Existing Members; 7.4.2 the Kganya Benefits Fund Trust shall comply with all lawful, reasonable and permissible requests of the Minor Existing Members insofar as it relates to the rights and obligations in terms of this Thari ya Baruti Pukwana ya Kganya Contract and shall communicate all such requests to the Insurer promptly and without delay; 7.4.3 the conclusion of the Thari ya Baruti Pukwana ya Kganya Contract by the Kganya Benefits Fund Trust for the benefit of a Minor Existing Member shall not entitle the Kganya Benefits Fund Trust with any rights to cover or Benefits in respect of the Kganya Benefits Fund Trust or any of the trustees of the Kganya Benefits Fund Trust; and 7.4.4 upon a Minor Existing Member attaining the age of 18 (eighteen) years of age, the rights and obligations under this Thari ya Baruti Pukwana ya Kganya Contract will automatically be ceded and delegated to the Minor Existing Member, whereby such Minor Existing Member will become the Policyholder in terms of this Thari ya Baruti Pukwana ya Kganya Contract shall not entitle the Kganya Benefits Fund Trust with any rights to cover or Benefits in respect of the Kganya Benefits Fund Trust or any of the trustees of the Kganya Benefits Fund Trust; and 7.4.4 upon a Minor Existing Member attaining the age of 18 (eighteen) years of age, the rights and obligations under this Pukwana ya Kganya Contract will automatically be ceded and delegated to the Minor Existing Member, whereby such Minor Existing Member will become the Policyholder in terms of this Pukwana ya Kganya Contract.