COIDA AUGMENTATION POLICY FOR THE [ ] EMPLOYER GROUP … · 9562633_1 COIDA AUGMENTATION POLICY FOR...

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9562633_1 COIDA AUGMENTATION POLICY FOR THE [] EMPLOYER GROUP concluded between RMA LIFE ASSURANCE COMPANY LIMITED (Registration Number 1990/006308/06 ) and THE EMPLOYER WHOSE DETAILS ARE SPECIFIED IN THE EMPLOYER PARTICIPATION CERTIFICATE

Transcript of COIDA AUGMENTATION POLICY FOR THE [ ] EMPLOYER GROUP … · 9562633_1 COIDA AUGMENTATION POLICY FOR...

9562633_1

COIDA AUGMENTATION POLICY FOR THE [●] EMPLOYER GROUP concluded between RMA LIFE ASSURANCE COMPANY LIMITED (Registration Number 1990/006308/06 ) and THE EMPLOYER WHOSE DETAILS ARE SPECIFIED IN THE EMPLOYER PARTICIPATION CERTIFICATE

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Table of Contents

Page No

1. Introduction ............................................................................................................... 1

2. Definitions and interpretation .................................................................................... 1

3. Substitution of Replaced Policy ............................................................................... 12

6. Term of the Group Policy ........................................................................................ 14

7. Membership to the Group ....................................................................................... 14

8. Employer Participation Certificate ........................................................................... 15

10. Insurance Cover ..................................................................................................... 16

11. Cessation of cover .................................................................................................. 17

14. Benefits .................................................................................................................. 19

15. Payment of Premiums ............................................................................................ 28

16. Exclusions and limitations in respect of the Benefits: .............................................. 30

17. Claims procedure for benefits ................................................................................. 31

18. Subrogation and Cession ........................................................................................ 32

19. Cancellation ............................................................................................................ 33

20. Effect of cancellation ............................................................................................... 34

21. Access to information ............................................................................................. 34

22. Consent to the disclosure of Personal Information .................................................. 35

23. Complaints procedure ............................................................................................. 35

24. Notices and Domicilia ............................................................................................. 36

25. Amendments .......................................................................................................... 37

26. General ................................................................................................................... 37

27. Miscellaneous matters ............................................................................................ 37

Annexure A

Annexure B

Limitations .................................................................................................. 1

Schedule of calculation of Benefits in the event of Permanent Disablement (loss of limbs) ............................................................................................. 3

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1. Introduction

1.1 The Parties to this Group Policy are:

1.1.1 RMA Life; and

1.1.2 The Employer, whose details are specified in the Employer Participation

Certificate.

1.2 The Parties agree as set out below.

2. Definitions and interpretation

2.1 In this Group Policy, the following words shall, unless otherwise stated or

inconsistent with the context in which they appear, bear the following meanings

and other words derived from the same origins as such words (that is, cognate

words) shall bear corresponding meanings:

2.1.1 "Accident" means an "accident" as defined in section 1

of COIDA;

2.1.2 "Acknowledgement

form"

means the acknowledgement to be

completed by an Employee in the form and

manner prescribed by RMA Life from time to

time, whereby the Employee acknowledges

certain duties imposed on him/her in the

event of payment of a Benefit, which

acknowledgement is a condition to payment

of such a Benefit;

2.1.3 "Act(s) of Terrorism" means any act including but not limited to

the use of force or violence and/or the threat

thereof, by any person or group(s) of

persons, whether acting alone or on behalf

of or in connection with any organisation(s)

or government(s), committed for political,

religious, ideological or similar purposes,

including the intention to influence any

government and/or to put the public, or any

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section of the public, in fear, whether

determined in terms of any relevant

legislation to have been an act of terrorism

or not;

2.1.4 "Annexures" means the annexures attached to this

Group Policy;

2.1.5 "Applicable Interest

Rate"

means the rate equal to the prime rate

charged by the bankers of RMA Life on

overdraft facilities afforded to their first class

commercial customers;

2.1.6 "Augmented

Earnings"

means the Earnings of an Employee in

excess of the Maximum COIDA Earnings at

such levels as prescribed in Annexure A as

it relates to the Benefits, used to determine

the Benefits payable in terms of this Group

Policy, but provided that the Augmented

Earnings Exceed the Start Rate of

Augmented Earnings for the cover to be

applicable;

2.1.7 "Benefits" means either the Death Benefits or

Disability Benefits as the case may be,

payable upon the occurrence of an Insured

Event in respect of an Employee;

2.1.8 "Business Day" means any day other than a Saturday,

Sunday or gazetted national public holiday

in the Republic of South Africa;

2.1.9 "Calculation Period" means a period of 12 (twelve) months

commencing on each anniversary of the

Effective Date, or such shorter period in the

event of cancellation as provided for in

clause 19 before expiry of the 12 (twelve)

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month period;

2.1.10 "COIDA" means the Compensation for Occupational

Injuries and Diseases Act,130 of 1993;

2.1.11 "COIDA Benefits" means the benefits as stipulated in terms of

COIDA and underwritten by RMA in terms of

the COIDA Policy,;

2.1.12 "COIDA Policy" means the policy of insurance entered into

between RMA and the Employer in respect

of the liability of the Employer in terms of

COIDA towards his/her or its Employees;

2.1.13 "Data Protection

Legislation"

means any and all laws relating to or

regulating the protection of data or of

Personal Information, direct marketing, or

unsolicited electronic communications and

which may be applicable in the Republic of

South Africa from time to time, including

without limitation the Protection of Personal

Information Act, 4 of 2013, the Consumer

Protection Act, 68 of 2008, and the

Electronic Communications and

Transactions Act, 25 of 2002;

2.1.14 "Date of

Disablement"

means the date of Disablement of an

Employee, which date shall be determined

by RMA Life in its sole and unfettered

discretion;

2.1.15 "Death" means the death of the Employee as a

direct cause, of or directly attributable to the

occurrence of an Insured Event;

2.1.16 "Death Benefits" means the Benefits payable as set out in

clause 14.3.2 in the event of the Death of an

Employee;

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2.1.17 "Dependant" means a "dependant of an Employee" as

defined in section 1 of COIDA;

2.1.18 "Dependent Child" has the meaning as assigned to it in the

definition of a "dependent of an Employee"

as defined in section 1 of COIDA;

2.1.19 "Disabled /

Disablement"

means either Temporary Total Disablement;

Temporary Partial Disablement, Permanent

Disablement or Serious Disfigurement, as

the case may be;

2.1.20 "Disability

Benefit(s)"

means the benefit payable as set out in

clause 14.5 in the event of the Disablement

of an Employee;

2.1.21 "Due Date" means the date upon which the Premium is

due and payable to RMA Life, being 30 days

from the date of the invoice provided by

RMA Life as specified in clause 15.4;

2.1.22 "Effective Date" means 1 January 2016;

2.1.23 "Employee(s)" means an "employee" as defined in section

1 of COIDA and qualifying as such in terms

of the COIDA Policy, provided the Employee

satisfies the conditions of eligibility for

membership to the Group as set out in

clause 7;

2.1.24 "Employer" means an "employer" as defined in

section 1 of COIDA and who i) is identified

as such in the Employer Participation

Certificate; and ii) who is the Policyholder;

2.1.25 "Employer

Participation

Certificate"

means the long-term insurance policy

schedule issued to the Employer in terms of

section 48 of the Long-term Insurance Act;

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2.1.26 "Earnings" means the total monthly earnings of an

Employee for a Calculation Period

calculated by an Employer in the manner

prescribed in COIDA;

2.1.27 "Group" means all Employees employed by the

Employer on a compulsory basis;

2.1.28 "Group Policy" means this insurance agreement concluded

between RMA Life and the Employer in

respect of the Group, together with all

Annexures;

2.1.29 "Inception Date" means the date on which insurance cover in

respect of an Employee commences as set

out in clause 10.1;

2.1.30 "Insured Event" means the Death or Disablement of an

Employee arising out of:

2.1.30.1 an Accident as contemplated in COIDA; or

2.1.30.2 an event occurring in a dwelling, hostel or

other dwelling provided by the Employer

to the Employee on the Employer's

premises in which the Employee normally

resides and which arises out of a defect or

deficiency in the building or premises;

2.1.30.3 participation in any of the following formal

sporting events:

2.1.30.3.1

while competing as a team member at

inter-mine level, inter-mine club level,

inter-employer group level, in external

leagues and at a provincial level provided

the team is confined to mining Employees

only; or

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2.1.30.3.2 while competing in essentially individual or

semi-individual sports, including but not

limited to, tennis, cycling, boxing, provided

that the particular sporting event is

stipulated by the Employer in the Sporting

Events Schedule and participation in the

event is as a formal representation of the

Employer; or

2.1.30.3.3 whilst engaging in organised and

authorised practices, preliminaries or

rehearsals leading up to and before any

events referred to in clauses 2.1.30.3.1

and 2.1.30.3.2; or

2.1.30.4 while Journeying directly to or from any

sporting function referred to in 2.1.30.3.1

and 2.1.30.3.2 in authorised transport

arranged by the Employer;

2.1.31 "Journeying" means the moving by any means (including

without limitation on foot) along any public

road, rail, air and sea to which the public

has routine access and per the reasonable

and most direct route to and from the

relevant destination;

2.1.32 "Long-term

Insurance Act"

means the Long-term Insurance Act, 52 of

1998;

2.1.33 "Maximum

Aggregate Amount"

means the aggregate of COIDA Benefits

payable in terms of the COIDA Policy and

the Benefits payable in terms of this Group

Policy in respect of an Employee as

specified in Annexure A, and amended

from time to time;

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2.1.34 "Maximum COIDA

Earnings"

means the maximum amount of Earnings

that will be taken into account when

determining the COIDA Benefits payable in

terms of the COIDA Policy, which maximum

amount is prescribed in COIDA from time to

time and set out in Annexure A as

increased annually at CPI or amended from

time to time;

2.1.35 "Medical

Practitioner"

means a person registered as such in terms

of the Health Professions Act, 56 of 1974;

2.1.36 "Parties" means the parties to this Group Policy,

being RMA Life and the Employer;

2.1.37 "Permanent

Disablement"

means "permanent disablement" as defined

in section 1 of COIDA;

2.1.38 "Personal

Information"

means any personal information as defined

in the Data Protection Legislation including

but not limited to information relating to

race, gender, marital status, nationality, age,

physical or mental health, disability,

language, education, identity number,

telephone number, email, postal or street

address, biometric information and financial,

criminal or employment history;

2.1.39 "Policyholder" means the Employer, being the party

entitled to payment of the Benefits in

respect of the Employees as assured lives,

subject to clause 14.1.4;

2.1.40 "Premium" means the amount payable by the Employer

to RMA Life for each Calculation Period in

order to secure the cover and the Benefits

provided in this Group Policy respect of the

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Employees;

2.1.41 “Process” means process as defined in the Protection

of Personal Information Act, 4 of 2013,

including any operation or activity, whether

automated or not, concerning Personal

Information, including collection, receipt,

recording, organisation, collation, storage,

updating or modification, retrieval, alteration,

consultation, use, dissemination by means

of transmission, distribution or making

available in any other form, merging, linking,

as well as blocking, degradation, erasure or

destruction of information and "Processing"

will have a similar meaning;

2.1.42 "Replaced Policy" means the augmentation policy previously

underwritten by RMA with policy number

_____________;

2.1.43 "RMA" means The Rand Mutual Assurance

Company Limited, registration number

1899/000876/06, a public company

incorporated and registered in terms of the

companies laws of South Africa, and

licensed as a short-term insurer in terms of

the Short-term Insurance Act, 53 of 1998;

2.1.44 "RMA Life" means RMA Life Assurance Company

Limited, registration number

1990/006308/06, a public company

incorporated and registered in terms of the

companies laws of South Africa, and

licensed as a long-term insurer in terms of

the Long-term Insurance Act;

2.1.45 "Serious means a permanent change in a person's

body, particularly by leaving visible scars or

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Disfigurement" disfigurement which affect the person's

appearance;

2.1.46 "Signature Date" means, when this Group Policy has been

signed by each Party (whether or not in

counterpart), the latest of the dates on

which this Group Policy (or any counterpart)

was signed by any Party;

2.1.47 "Sporting Events

Schedule"

means the sporting events schedule

provided by the Employer to RMA Life and

attached to the Employer Participation

Certificate which stipulates the sporting

event endorsed by the Employer;

2.1.48 "Start Rate of

Augmented

Earnings"

means the amount of Earnings from which

the cover in respect of an Employee shall

commence as set out in Annexure A and

amended from time to time;

2.1.49 "Temporary Partial

Disablement"

means "temporary partial disablement" as

defined in section 1 of COIDA;

2.1.50 "Temporary Total

Disablement"

means "temporary total disablement" as

defined in section 1 of COIDA; and

2.1.51 "Widow" has the meaning as assigned to it in the

definition of a "dependent of an Employee"

as defined in section 1 of COIDA but

includes a party to a same sex marriage in

accordance with civil law, indigenous law or

custom.

2.2 In this Group Policy:

2.2.1 clause headings are for convenience only and are not to be used in its

interpretation;

2.2.2 an expression which denotes -

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2.2.2.1 any gender includes the other genders;

2.2.2.2 a natural person includes a juristic person and vice versa; and

2.2.2.3 the singular includes the plural and vice versa,

2.2.3 references to a statutory provision include any subordinate legislation made

from time to time under that provision and include that provision as

modified or re-enacted from time to time;

2.2.4 if there is any conflict between any definitions contained in this clause 2

and a definition appearing within a paragraph or sentence, then, for

purposes of interpreting any clause of the Group Policy or paragraph of any

Annexure, the definition appearing in that clause or paragraph shall prevail

over any other conflicting definition appearing elsewhere in the Group

Policy;

2.2.5 where any number of days is prescribed, those days shall be reckoned

exclusively of the first and inclusively of the last day unless the last day falls

on a day which is not a Business Day, in which event the last day shall be

the next succeeding Business Day;

2.2.6 where the day upon or by which any act is required to be performed is not a

Business Day, the Parties shall be deemed to have intended such act to be

performed upon or by the next succeeding Business Day;

2.2.7 any provision in this Group Policy which is or may become illegal, invalid or

unenforceable in any jurisdiction affected by this Group Policy shall, as to

such jurisdiction, be ineffective to the extent of such prohibition or

unenforceability and shall be treated as having not been written (ie pro non

scripto) and severed from the balance of this Group Policy, without

invalidating the remaining provisions of this Group Policy or affecting the

validity or enforceability of such provisions in any other jurisdiction;

2.2.8 the use of any expression covering a process available under South African

law (such as but not limited to a winding-up) shall, if any of the Parties is

subject to the law of any other jurisdiction, be interpreted in relation to that

Party as including any equivalent or analogous proceeding under the law of

such other jurisdiction; and

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2.2.9 the rule of construction that if general words or terms are used in

association with specific words or terms which are a species of a particular

genus or class, the meaning of the general words or terms shall be

restricted to that same class (ie the eiusdem generis rule) shall not apply.

2.3 Any substantive provision, conferring rights or imposing obligations on a party

and appearing in any of the definitions in this clause 2 or elsewhere in this Group

Policy, shall be given effect to as if it were a substantive provision in the body of

the Group Policy.

2.4 Words and expressions defined in any clause shall, unless the application of any

such word or expression is specifically limited to that clause, bear the meaning

assigned to such word or expression throughout this Group Policy.

2.5 Defined terms appearing in this Group Policy in title case shall be given their

meaning as defined, while the same terms appearing in lower case shall be

interpreted in accordance with their plain English meaning.

2.6 Reference to "days" shall be construed as calendar days unless qualified by the

word "business", in which instance it will refer to a Business Day.

2.7 The words "include" and "including" means "include without limitation" and

"including without limitation". The use of the words "include" and "including"

followed by a specific example or examples shall not be construed as limiting the

meaning of the general wording preceding it.

2.8 Where figures are referred to in numerals and in words, and there is any conflict

between the two, the numerals shall prevail unless the context indicates a

contrary intention.

2.9 This Group Policy and Annexures hereto constitute an indivisible transaction and

shall be interpreted as such. To the extent that there are any discrepancies

between the terms and conditions stipulated in the body of this Group Policy and

the terms and conditions specified in the relevant Annexure the provisions of the

Group Policy will prevail.

2.10 The expiration or cancellation of this Group Policy shall not affect such of the

provisions of this Group Policy which are expressly provided to operate after any

such expiration or cancellation, or which of necessity must continue to have effect

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after such expiration or cancellation, notwithstanding that the relevant provisions

themselves do not provide for this.

2.11 Each of the provisions of this Group Policy have been negotiated by the Parties

and drafted for the benefit of the Parties, and accordingly the rule of construction

that the contract shall be interpreted against or to the disadvantage of the Party

responsible for the drafting or preparation of the Group Policy (ie the contra

proferentem rule), shall not apply.

3. Substitution of Replaced Policy

3.1 RMA has, up to the day immediately preceding the Effective Date, underwritten

the Benefits in terms of the Replaced Policy.

3.2 RMA and RMA Life, however, entered into a substitution agreement in terms

whereof all rights and liabilities of RMA in respect of the Replaced Policy towards

the Employers and/or Employees (if applicable in the event of payment of a

Benefit) are to be substituted with rights and obligations of RMA Life, with effect

from the Effective Date, subject to approval by the Registrar of Short-term

Insurance ("the Substitution Transaction").

3.3 It is at all times the intention of RMA and RMA Life that the Replaced Policy be

substituted and replaced by the terms and conditions of the Group Policy, subject

to the provisions of clause 4 below.

4. Undertakings of RMA Life after implementation of the Substitution Transaction

4.1 After obtaining the approval by the Registrar of Short-term Insurance for the

implementation of the Substitution Transaction -

4.1.1 it will be deemed that RMA Life underwrites the Group with effect from the

Effective Date, subject to the terms and conditions of this Group Policy;

4.1.2 to the extent that benefits are payable in terms of the Replaced Policy, it

shall be deemed that -

4.1.2.1 such benefits are payable in terms of this Group Policy; and

4.1.2.2 the terms and conditions of this Group Policy will be applicable to the

continued payment of such benefits,

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subject to the condition that in the event of a conflict between the Replaced

Policy and this Group Policy, RMA Life shall honour the terms of conditions of the

Replaced Policy unless the provisions of this Group Policy are more beneficial to

the Employer and/or the Employee (in the event of payment of a benefit in terms

of the Replaced Policy), provided in respect of any Benefit increases, that the

provisions of clause 14.2.2 of this Group Policy shall in all instances prevail,

notwithstanding such conflict.

5. Background and purpose of the Group Policy

5.1 The Employer receives cover in terms of the COIDA Policy against a liability

incurred due to the Death or Disability of an Employee as a result of an Accident

as provided for in COIDA.

5.2 The purpose of this Group Policy is to augment -

5.2.1 the cover and the COIDA Benefits payable in terms of the COIDA Policy

with the cover and Benefits as set out in this Group Policy upon the

occurrence of the Insured Events against payment of the Premium;

5.2.2 the nature of the Insured Events covered in terms of this Group Policy as

set out in clause 2.1.30.2 to 2.1.30.4; and

5.2.3 the Earnings above the Maximum COIDA Earning, which results in

increased Benefits being paid on such Augmented Earnings.

5.3 It is therefore a condition of membership to the Group, as set out in clause 7, that

cover and Benefits are provided in respect of the Employees in terms of the

COIDA Policy, notwithstanding the fact that the cover and Benefits provided in

terms of this Group Policy are stand-alone benefits, applied for by the Employer

on a voluntary basis against payment of the relevant Premium.

5.4 It is furthermore specifically recorded that the cover and Benefits provided in

terms of this Group Policy differs from the cover and COIDA Benefits provided in

terms of the COIDA Policy, in particular it is recorded that no medical or funeral

benefits are provided in terms of this Group Policy.

5.5 It is furthermore recorded that the aggregate of i) the cover and COIDA Benefits

provided in terms of the COIDA Policy; and ii) the cover and the Benefits

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provided in terms of this Group Policy may not exceed the Maximum Aggregate

Amount, irrespective of the fact that the same or different benefits may be

provided in terms of the COIDA Policy and this Group Policy. The Benefits

payable in terms of this Group Policy shall be reduced in order to ensure that the

Maximum Aggregate Amount is not exceeded in respect of the aggregate of the

benefits payable in terms of the COIDA Policy and this Group Policy.

6. Term of the Group Policy

6.1 Subject to the provisions of clause 4.1, RMA Life undertakes to provide the cover

and the Benefits to the Employer in respect of the Group with effect from the

Effective Date for the duration of a Calculation Period, unless cancelled in

accordance with clause 19 before expiry of the Calculation Period.

6.2 The Group Policy provides term cover only.

6.3 This Group Policy shall automatically renew on the inception of each new

Calculation Period ("Policy Anniversary Date"), unless cancelled in terms of

clause 19.

6.4 RMA Life shall inform the Employer at least 30 (thirty) days before the Policy

Anniversary Date of any new terms and conditions and the revised Benefits and

Premiums payable in terms of this Group Policy, which will become of full force

and effect from the Policy Anniversary Date.

6.5 To the extent that the Employer requests increased cover or Benefits in terms of

this Group Policy, it shall do so no later than 30 (thirty) days before the Policy

Anniversary Date by written notice to RMA Life.

6.6 RMA Life shall at all times be entitled to refuse or reject the request mentioned in

clause 6.5 above, which entitlement RMA Life shall exercise in its sole and

unfettered discretion without giving reasons to the Employer for such rejection or

refusal.

7. Membership to the Group

7.1 Membership to the Group shall be available to all Employees of the Employer,

provided that -

7.1.1 the Employee receives cover in terms of a COIDA Policy;

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7.1.2 the Employee's Earnings exceed the Start Rate of Augmented Earnings;

7.1.3 the Employee is not an illegal immigrant; and

7.1.4 the Employee is over the age of 16 (sixteen) years.

7.2 Membership to the Group shall be compulsory for all Employees of the Employer.

7.3 The maximum number of Dependent Children covered in terms of this Group

Policy shall be 8 (eight). Any additional Dependent Children will not be covered in

terms of this Group Policy.

7.4 In the event that a Dependent Child no longer qualifies as such, the Employee

shall not be entitled to substitute another child in his/her place whereby the

number of Dependent Children covered in terms of this Group Policy shall be

reduced with the number of Dependent Children who no longer qualifies as such.

8. Employer Participation Certificate

8.1 RMA Life shall issue this Group Policy and the Employer Participation Certificate

to the Employer, which documents shall constitute the entire agreement between

the Parties and must be read as a whole.

8.2 The Employer Participation Certificate shall set out the information prescribed in

terms of section 48 of the Long-term Insurance Act, and shall set out information

which is specific to the Group.

8.3 The Employer shall be obliged to provide or make available and bring to the

Employees' attention as soon as reasonably possible from the Inception Date,

the existence of the Group Policy and must, upon request by RMA Life, provide

proof to the reasonable satisfaction of RMA Life, that such Group Policy has been

provided or made available to the Employees and brought to the Employees'

attention.

9. Material changes

9.1 Should the nature of the Employer's business or the employment activities in

which the Employees are engaged, change in whole or in part, which includes

without limitation a change in the type of business conducted, to such an extent

that it may affect the risk in terms of this Group Policy, the Employer shall inform

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RMA Life within 30 (thirty) days of such change. RMA Life shall in such an event

be entitled to -

9.1.1 amend the cover and Benefits by giving 20 (twenty) days written notice to

the Employer; or

9.1.2 change the Premiums by giving 20 (twenty) days written notice to the

Employer; or

9.1.3 cancel this Group Policy in terms of clause 19,

and shall inform the Employer in writing of such cancellation or change and the

implementation date of such change.

9.2 Should the Employer fail to provide the information as prescribed in clause 9.1

above, the cover in respect of the Employees shall cease with effect from the

date on which the Employer became aware of the change in circumstances until

such date that the information is provided to RMA Life and RMA Life shall not be

liable for any claims for Benefits which arose during such period.

9.3 Upon receipt of the information as prescribed in clause 9.1 above, the cover in

respect of the Employees shall resume and RMA Life shall be entitled to enforce

the provisions of clause 9.1.1 to 9.1.3 above, which election it may exercise in its

sole and unfettered discretion.

10. Insurance Cover

10.1 Subject to the provisions of clause 13.2, insurance cover in respect of an

Employee shall commence the day on which the Employee commences

employment with the Employer, or such other date determined by RMA Life in its

sole discretion which may not be later than 14 (fourteen) days from the date of

commencement of employment with the Employer, provided that this Group

Policy is in force at the time.

10.2 The Employer shall, within 30 (thirty) days of the commencement of each

Calculation Period; and again within 6 (six) months thereafter provide RMA Life

with the following information in respect of each Employee in such form and

format as RMA Life may from time to time direct in writing, namely:

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10.2.1 Initial, surname, gender, physical address, identity number and date of

birth;

10.2.2 Nationality;

10.2.3 Date of employment; and

10.2.4 Earnings.

10.3 To the extent that the Employer fails to provide RMA Life with the information

required in terms of clause 10.2, RMA Life shall be entitled to -

10.3.1 immediately cancel this Group Policy in accordance with the provisions of

clause 19 below; or

10.3.2 refuse an Employee to be admitted to membership to the Group other than

upon such terms and conditions as RMA Life may agree to in writing.

11. Cessation of cover

11.1 Insurance cover in terms of this Group Policy in respect of an Employee shall

cease on the occurrence of the events mentioned below, whichever occurs first,

namely that -

11.1.1 this Group Policy is cancelled;

11.1.2 the Employee no longer meets the Start Rate of Augmented Earnings;

11.1.3 the Death Benefits are paid;

11.1.4 the COIDA Policy is terminated, in which event this Group Policy will

automatically terminate and come to an end, subject to clause 20;

11.1.5 the Employer fails to pay the Premium on the Due Date thereof and fails to

remedy such failure within 15 (fifteen) days from the Due Date;

11.1.6 the Employee-

11.1.6.1 is temporarily absent from the Republic of South Africa for a period

exceeding 12 (twelve) months as provided in clause 13.1 below; or

11.1.6.2 is no longer employed by the Employer; or

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11.1.6.3 no longer qualifies for membership to the Group; or

11.1.6.4 is deceased.

12. Occurrence of Insured Event

The Employees shall receive cover and Benefits irrespective whether the Insured

Event occurs in the Republic of South Africa or in another country, subject at all times

to the provisions of clause 13 below.

13. Temporary absence from the Republic of South Africa

13.1 In the event that an Employee is temporarily employed by the Employer outside

the Republic of South Africa -

13.1.1 for a period not exceeding 12 (twelve) consecutive months ("Permissible

Period") -

13.1.1.1 the cover in respect of such Employee shall remain in force and

continue uninterrupted for the duration of the Permissible Period; and

13.1.1.2 the Premiums shall remain payable in respect of the Employee for the

duration of the Permissible Period.

13.1.2 for a period exceeding 12 (twelve) consecutive months ("the

Impermissible Period") -

13.1.2.1 the cover in respect of the Employee shall cease with effect from the

commencement of the Impermissible Period; and

13.1.2.2 no further Premiums shall be payable in respect of such Employee;

and

13.1.2.3 no Benefits shall be payable in respect of such Employee upon the

occurrence of the Insured Event, irrespective whether or not such

Insured Event occurs within the Republic of South Africa or

elsewhere,

unless an extension of the Permissible Period is agreed to in writing

between RMA Life and the Employer at least 30 (thirty) days prior to the

9562633_1

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termination of the Permissible Period, subject at all times to such rights and

limitations as RMA Life may prescribe in its sole and unfettered discretion.

13.2 In the event that an Employee is employed by an Employer outside the Republic

of South Africa, however performs his/her employment duties for a consecutive

period of 12 (twelve) months in the Republic of South Africa, such Employee

shall -

13.2.1 receive cover in terms of this Group Policy with effect from the expiry of the

12 (twelve) month period, provided that the Premiums are paid in respect of

such Employee; and

13.2.2 the Benefits shall be payable in the event that the Insured Event occurs in

South Africa, notwithstanding the fact that the Employee is primarily

employed and resident in a country other than the Republic of South Africa,

subject to clause 14.1.10.

14. Benefits

14.1 General

14.1.1 RMA Life shall, subject to the terms and conditions of this Group Policy and

for the duration of this Group Policy, provide the Benefits to the Employer in

respect of the Employees upon the occurrence of an Insured Event.

14.1.2 The Benefits shall only be provided in the event that the Augmented

Earnings of an Employee exceeds the Start Rate of Augmented Earnings.

14.1.3 The contractual nexus created in terms of this Group Policy is between the

Employer and RMA Life and the Employees do not stand in any contractual

relationship towards RMA Life other than as assured lives in terms of this

Group Policy, subject at all times to the provisions of clause 14.1.4.

14.1.4 The Benefits shall at all times be paid by RMA Life to the Employer,

provided that the Employer be entitled to instruct RMA Life to make

payment of the Benefit directly to the relevant Employee (or his/her

Dependants) in full and final settlement of a claim for Benefits.

14.1.5 In the event that RMA Life makes payment of the Benefits to the Employer

as contemplated above, the Employer shall, upon request from RMA Life,

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20

provide such documents as requested by RMA Life, indicating the manner

in which the Employer complied with the obligations set out in clause

14.1.4.

14.1.6 The Employees shall not have any claim against RMA Life and the

Employer shall be the sole party entitled to the Benefits in terms of this

Group Policy, which Benefit shall be paid to the Employer for the direct or

indirect benefit of the Employees. The provisions in this Group Policy shall

not create or establish any rights or obligations between RMA Life and the

Employees and shall further not constitute a stipulatio alteri for the benefit

of a third party.

14.1.7 Notwithstanding the status of the Employer as Policyholder and

notwithstanding the provisions of clause 14.1.4 to 14.1.6 above, it is

specifically recorded that the Benefits shall at all times be used and/or

applied by the Employer for the sole and direct benefit of the injured or

deceased Employee and/or his/her Dependants and for no other purpose

whatsoever.

14.1.8 A claim for Benefits in terms of this Group Policy will only be considered if

such a claim for COIDA Benefits is accepted in terms of the COIDA Policy,

subject to clause 14.1.9 below.

14.1.9 RMA Life shall not be obliged to accept a claim for Benefits purely due to

the fact that a claim for COIDA Benefits are accepted in terms of the

COIDA Policy. All claims for Benefits shall be independently assessed in

terms of this Group Policy notwithstanding the fact that the claim (except

claims arising from the occurrence of the Insured Events listed in clauses

2.1.30.2, 2.1.30.3 and 2.1.30.4) is conditional upon the successful

acceptance of the claim for COIDA Benefits in terms of the COIDA Policy

as provided in clause 14.1.8.

14.1.10 All Benefits payable in terms of this Group Policy shall be paid only into a

South African bank account in the South African currency (ZAR) and RMA

Life shall not be liable for any deductions, penalties, charges or applicable

taxes in relation to such payments and RMA Life's payment obligations in

terms of this Group Policy shall at all times be limited to the Benefits as

stipulated herein.

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14.2 Amendment to Benefits

14.2.1 RMA Life shall at all times be entitled to amend the Benefits payable in

terms of this Group Policy by way of a 14 (fourteen) day written notice to

the Employer.

14.2.2 RMA Life shall be entitled, but not obliged, to increase the Benefits payable

in terms of this Group Policy in the event of an increase in the COIDA

Benefits payable in terms of the COIDA Policy, provided that any such

increases shall at all times be in RMA Life's sole and unfettered discretion.

14.2.3 The Employer shall give notice of the amendments to the Benefits to the

Employees, the costs of which communication shall be borne by the

Employer, and shall upon request by RMA Life provide proof to the

reasonable satisfaction of RMA Life that the Employees were adequately

informed of the amendment of the Benefits.

14.2.4 It is recorded that the level of Disability Benefits (in the event of a monthly

pension payment) shall at all times remain unchanged as a result of

increase in Earnings (if any) of a Disabled Employee.

14.3 Death Benefits

14.3.1 The Death Benefits shall be paid in the event of the Death of an Employee

upon the occurrence of an Insured Event, subject to the terms and

conditions of this Group Policy.

14.3.2 In the event of the Death of an Employee immediately after the occurrence

of an Accident without diagnoses of Disablement before such Death, a

Death Benefit in the form of a monthly pension payment equal to 75%

(seventy five percent) of the Augmented Earnings shall be payable,

provided such Augmented Earnings exceed the Start Rate of Augmented

Earnings.

14.3.3 The Death Benefit as specified in clause 14.3.2 shall at all times be subject

to the Maximum Aggregate Amount.

14.3.4 The Death Benefit shall be apportioned between the Dependants as

follows:

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14.3.4.1 In the event that the deceased Employee leaves only one Widow and

no Dependent Children, 40% (forty percent) of the Death Benefit shall

be paid to the Widow and the remainder of the Death Benefit shall be

forfeited.

14.3.4.2 In the event that the deceased Employee leaves a Widow and up to 3

(three) Dependent Children, the Death Benefit shall be apportioned

as follows:

14.3.4.2.1 Widow: 40% of the Death Benefit; and

14.3.4.2.2 Each Dependent Child: 20% of the Death Benefit.

14.3.4.3 In the event that the deceased Employee leaves a Widow and up to 8

(eight) Dependent Children, the Death Benefit shall be apportioned as

follows:

14.3.4.3.1 Widow: 40% of the Death Benefit;

14.3.4.3.2 Dependent Child #1: 20% of the Death Benefit;

14.3.4.3.3 Dependent Child #2: 20% of the Death Benefit;

14.3.4.3.4 Dependent Child #3: 20% of the Death Benefit;

14.3.4.3.5 Dependent Child #4: 10% of the Death Benefit;

14.3.4.3.6 Dependent Child #5: 7.5% of the Death Benefit;

14.3.4.3.7 Dependent Child #6: 7.5% of the Death Benefit;

14.3.4.3.8 Dependent Child #7: 5% of the Death Benefit; and

14.3.4.3.9 Dependent Child #8: 3.3% of the Death Benefit.

14.3.4.4 In the event that the deceased Employee leaves more than 1 (one)

Widow and no Dependent Children, the Death Benefit payment

specified in clause 14.3.4.1 shall be equally distributed between such

Widows.

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14.4 Cessation of Death Benefit payments

14.4.1 The Death Benefit payments shall cease to be paid -

14.4.1.1 in the event that -

14.4.1.1.1 the death COIDA Benefit payments in terms of the COIDA

Policy ceases to be payable; or

14.4.1.1.2 a Widow is deceased, in which event the component of the

Death Benefit payable to that Widow will cease; or

14.4.1.1.3 a Dependent Child is deceased in which event the component

of the Death Benefit payable to that Dependent Child will cease;

or

14.4.1.1.4 a Dependent Child is married before attaining the age of 18

(eighteen) years of age, in which event the component of the

Death Benefit payable to the Dependent Child will cease; or

14.4.1.2 at the end of the month during which the Dependent Child reaches

the age of 18 (eighteen) years of age unless such Dependent Child

is -

14.4.1.2.1 physically or mentally disabled and unable to earn an income

pursuant to such disability; or

14.4.1.2.2 attending secondary or tertiary education and therefore unable

to earn an income, provided that it could reasonably be

expected that the Employee would have contributed to the

maintenance of that Dependant Child,

in which event the monthly pension payment shall continue despite

such Dependent Child having attained the age of 18 (eighteen) years

of age until such time as the conditions in clauses 14.4.1.2.1 and

14.4.1.2.2 are no longer applicable.

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14.5 Disability Benefits

14.5.1 In order for a Disability Benefit to be payable, the Employee must be away

from work for a period of at least 3 (three) days before an assessment of

Disablement shall be made by RMA Life.

14.5.2 The Disablement of an Employee shall be categorised as either Temporary

Total Disablement, Temporary Partial Disablement or Permanent

Disablement with effect from the Date of Disablement, which categorisation

shall be done by RMA Life in its sole and unfettered discretion and which

decision shall be final and binding.

14.5.3 RMA Life shall be entitled but not obliged to consider the reports procured

by the Employer and/or Employee from a Medical Practitioner in making

such assessment.

14.5.4 Temporary Total Disablement

14.5.4.1 In the event of an Insured Event occurring resulting in the Temporary

Total Disablement, RMA Life shall make payment of a Disability

Benefit in the form of a monthly pension equal to 75% (seventy five

percent) of the Disabled Employee's Augmented Earnings, multiplied

by the number of days that the Disabled Employee is unable to earn

an income, divided by 30.33, provided such Augmented Earnings

exceed the Start Rate of Augmented Earnings.

14.5.4.2 The Disability Benefit as specified in clause 14.5.4.1 shall at all times

be subject to the Maximum Aggregate Amount.

14.5.4.3 The payments for Temporary Total Disablement shall not exceed 24

(twenty four) monthly payments, whereafter the Benefit may be

converted to a Permanent Disablement payment, in the sole and

unfettered discretion of RMA Life, subject to a review of the

Disablement in the manner contemplated in clause 14.6.

14.5.5 Temporary Partial Disablement

14.5.5.1 In the event of an Insured Event occurring resulting in the Temporary

Partial Disablement, RMA Life shall make payment of a Disability

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25

Benefit in the form of a monthly pension equal to 75% (seventy five

percent) of the Disabled Employee's Augmented Earnings, multiplied

by the number of days that the Disabled Employee is unable to earn

an income, divided by 30.33, provided such Augmented Earnings

exceed the Start Rate of Augmented Earnings.

14.5.5.2 The Disability Benefit as specified in clause 14.5.5.1 shall at all times

be subject to the Maximum Aggregate Amount.

14.5.5.3 The payments for Temporary Total Disablement shall not exceed 24

(twenty four) monthly payments, whereafter the Benefit may be

converted to a Permanent Disablement payment, in the sole and

unfettered discretion of RMA Life, subject to a review of the

Disablement in the manner contemplated in clause 14.6.

14.5.6 Permanent Disablement and Serious Disfigurement

14.5.6.1 In the event of an Insured Event occurring resulting in the Permanent

Disablement or Serious Disfigurement of the Employee where the

degree of Permanent Disablement or Serious Disfigurement is -

14.5.6.1.1 over 30% (thirty per cent) and up to 100% of the body of the

Employee, a monthly amount equal to 75% (seventy-five

percent) of Augmented Earnings will be payable, provided that

such Augmented Earnings exceed the Start Rate of Augmented

Earnings and provided that the Disability Benefits does not

exceed the Maximum Aggregate Amount.

14.5.6.1.2 less than 30% (thirty per cent) of the body of the Employee a

lump sum of 6 (six) times monthly Augmented Earnings will be

payable, provided that such Augmented Earnings exceed the

Start Rate of Augmented Earnings and provided that the total

lump sum Disability Benefits does not exceed the Maximum

Aggregate Amount.

14.5.6.2 In the event of the loss of a limb or body part on the body of the

Employee, a lump sum payment will be payable, being a percentage

of the Augmented Earnings, provided that the Augmented Earnings

exceed the Start Rate of Augmented Earnings and provided that the

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26

total lump sum Disability Benefits does not exceed the Maximum

Aggregate Amount.

14.5.6.3 The Employer shall be liable for payment of the Disability Benefits for

the first 3 (three) month period calculated from the date of the

Accident, and shall be reimbursed for such payments made after 3

(three) month period excluding any interest, provided that the claim

for Benefits is valid and accepted in terms of this Group Policy.

14.6 Review of Disability

14.6.1 Continued payment of Disability Benefits is subject thereto that the

Employee submits himself/herself to regular medical examinations or

rehabilitation programmes as RMA Life may in its sole discretion direct from

time to time.

14.6.2 If so instructed by RMA Life, the Employer shall ensure that the Disabled

Employee undergoes such reasonable medical and/or other treatment as

instructed from time to time by RMA Life to establish the continued

entitlement to the Disability Benefits, or to a Disability Benefit at the level at

which it is being paid and to assess whether such Disabled Employee is

able to re-commence his/her employment with the Employer. The

reasonable cost of these assessments and/or reports relating to continued

Disablement, shall be paid by RMA Life.

14.6.3 Without limitation of the above, RMA Life shall from time to time review an

Employee's Disablement in order to assess whether the Employee's

Disablement is capable of rehabilitation. In such an event, RMA Life shall in

its sole discretion and, if it deems necessary, in consultation with a Medical

Practitioner, develop a programme of rehabilitation in respect of a Disabled

Employee. The reasonable cost of these assessments and/or rehabilitation

programmes, shall be paid by RMA Life.

14.6.4 In the event that the Employee refuses to undergo medical treatment, a

rehabilitation programme and/or other treatment as instructed by RMA Life

from time to time, or in the event that the Employer fails to provide RMA

Life with such information as it may reasonably require in respect of such

Disabled Employee, RMA Life may reduce or cease payment of the

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27

Disability Benefits in respect of the Disabled Employee in RMA Life's sole

discretion.

14.7 Cessation of payment of Disability Benefits

14.7.1 Without limitation of any other provisions of this Group Policy, RMA Life

shall at all times be entitled to stop payment of Disability Benefits upon the

occurrence of any of the following events, whichever occurs first, namely in

the event that -

14.7.1.1 the Employee resumes employment with the Employer (or any other

employer) and his/her Augmented Earnings is the same or higher

than the Augmented Earnings of the Employee at the date of the

Accident;

14.7.1.2 the Employee is no longer Disabled in the sole and unfettered

discretion of RMA Life;

14.7.1.3 the Employee is deceased, subject to the provisions of clause 14.8

below.

14.8 Payments in the event of the death of a Disabled Employee

In the event of the death of a Disabled Employee as a direct result of the injuries

sustained as a result of an Accident leading to the diagnosis of Disablement, the

Disability Benefits shall be converted into Death Benefit payments and the

provisions of clause 14.3 and 14.4 shall apply to such payments.

14.9 Maximum Aggregate Amount

14.9.1 The Maximum Aggregate Amount shall be applied to the Benefits payable

in terms of this Group Policy and the COIDA Benefits payable in terms of

the COIDA Policy irrespective whether the same or different benefits are

provided in terms of the COIDA Policy and this Group Policy; and

irrespective of the number of Insured Events occurring as part of the same

incident.

14.9.2 The total of all COIDA Benefits payable in terms of the COIDA Policy and

the Benefits payable in terms of this Group Policy shall be taken into

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28

consideration to calculate whether the Maximum Aggregate Amount is

achieved.

14.9.3 In the event that the Maximum Aggregate Amount is achieved, no further

benefits shall be paid in terms of the COIDA Policy and/or this Group

Policy.

15. Payment of Premiums

15.1 The Premium payable by the Employer in respect of the Employees shall be

calculated with reference to the Augmented Earnings of an Employee for the

Calculation Period and shall be based on the information provided by the

Employer as specified in clause 10.2, in particular the estimated Earning at the

Inception Date or the commencement of a Calculation Period ("the Deposit

Premium").

15.2 The details as specified in clause 10.2 shall constitute prima facie proof of the

amount due and payable by the Employer to RMA Life in respect of the Group for

the upcoming Calculation Period.

15.3 The Deposit Premium shall be paid in two equal tranches, which payments shall

be made on or before the Due Date.

15.4 The invoices shall be provided by RMA Life on or before 1 January and 1 July of

every year that the Group Policy is in force.

15.5 Due to the fact that the Premium is calculated on the estimated Augmented

Earnings of each Employee forming part of the Group, RMA Life shall recalculate

the Premium at the end of each Calculation Period based on the actual Earnings

of the Employees for the Calculation Period ("the Final Premium").

15.6 In order to enable RMA Life to calculate the Final Premium, the Employer shall,

within 30 (thirty) days after the end of each Calculation Period, provide RMA Life

with the particulars of each Employee's actual Augmented Earnings for the

relevant Calculation Period in the form and manner as prescribed by RMA Life in

writing from time to time, together with such additional information as RMA Life

may require.

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29

15.7 In the event that -

15.7.1 the Final Premium is greater than the Deposit Premium, the Employer shall

be liable to RMA Life for the difference between the Final Premium and the

Deposit Premium and shall pay such amount to RMA Life within 30 (thirty)

days of receipt of an invoice from RMA Life into the bank account

nominated by RMA Life from time to time in writing; or

15.7.2 the Final Premium is less than the Deposit Premium, RMA Life shall refund

to the Employer the difference between the Deposit Premium and the Final

Premium within 30 (thirty) days of finalising such calculations and shall pay

such amount into the bank account of the Employer nominated in writing

from time to time. RMA Life shall be entitled to elect to set off any

overpayment against a Deposit Premium due and payable for the following

Calculation Period unless the Group Policy is cancelled in terms of clause

19.

15.8 In the event of failure by the Employer to provide the particulars prescribed in

clause 10.2 or the updated information within the period prescribed in clause 15.6

above in order to enable RMA Life to calculate either the Deposit Premium or the

Final Premium for a Calculation Period, RMA Life shall be entitled to elect, in the

alternative and without prejudice to any other rights it may have, to -

15.8.1 claim an amount equal to the full Final Premium of the previous Calculation

Period plus interest at the Applicable Interest Rate, calculated from the Due

Date of payment as pre-estimated liquidated damages from the Employer,

based on the failure by the Employer to fulfil its obligations in terms hereof,

which amount shall be payable on demand; and/or

15.8.2 give notice of cancellation of this Group Policy as provided in clause 19, in

which event all outstanding Premiums, calculated in the manner set out in

clause 15.8.1, shall immediately become due and payable plus interest at

the Applicable Interest Rate, calculated from the Due Date of payment.

15.9 It is recorded for the sake of clarity, in the event of cancellation of this Group

Policy before expiry of a Calculation Period, that the outstanding Premium shall

be calculated as if the Group Policy endured for the duration of the Calculation

Period.

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30

15.10 Notwithstanding the provisions of this clause 15, RMA Life reserves the right to

change the Premium rate at any time, on giving 30 (thirty) days written notice to

the Employer upon the occurrence of any of the following events:

15.10.1 If there is a change in membership which in the opinion of RMA Life affects

the risk under this Group Policy; and/or

15.10.2 The business activities or geographical area of the Employer changes to

such an extent that in the opinion of RMA Life, it affects the risk under this

Group Policy; and/or

15.10.3 The cover and/or Benefit structure under this Group Policy changes.

15.11 Notwithstanding any provision to the contrary in this Group Policy, payment of the

Benefits shall be suspended until receipt by RMA Life of the Deposit Premium

payable in respect of the Group.

16. Exclusions and limitations in respect of the Benefits:

16.1 No insurance cover shall be granted and no Benefits shall be paid to the

Employer upon the occurrence of an Insured Event in respect of an Employee -

16.1.1 in the event of an employee Journeying to and from the sporting events as

set out in the Sporting Events Schedule and the Employee makes a

deviation from the route (excluding a short deviation in time and distance)

or any time spent at any premises whilst making such a detour;

16.1.2 resulting directly or indirectly from, or which is caused, attributable to or

accelerated by:

16.1.2.1 the Employee participating in any riot, strike, public disorder, civil

commotion or Acts of Terrorism or in any illegal activity whilst the

Employee is driving a motor vehicle on a public road and the

Employee is not legally authorised to do so in terms of a valid driver's

license or the motor vehicle is not legally authorised to be so driven;

16.1.2.2 assault, hijacking, violence or other similar incident; the negligence,

recklessness, transgression of the law or intentional exposure to

danger by an Employee, except in circumstances to save another

human’s life;

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31

16.1.2.3 wilful self-infliction of injuries by the Employee, including suicide

and/or attempted suicide;

16.1.2.4 consumption of alcohol or taking of poisons or drugs or the

application of medications by the Employee except as bona fide

prescribed by a Medical Practitioner.

17. Claims procedure for benefits

17.1 The Employer shall follow the claims procedure as prescribed in writing by RMA

Life from time to time, including without limitation that the Employer shall:

17.1.1 within 7 (seven) days of the Employer reasonably becoming aware of an

incident which may give rise to a claim for Benefits, complete and submit to

RMA Life on the prescribed form the details of such Insured Event;

17.1.2 secure and submit a full set of fingerprints of the Employee;

17.1.3 secure and submit a full set of fingerprints of any Dependants; and

17.1.4 as soon as reasonably possible after being requested to do so by RMA

Life, furnish RMA Life with such proof, information and sworn declarations

as RMA Life, in its sole discretion requires, accompanied by the Employee

warranting the correctness of the information contained therein.

17.2 RMA Life will not pay or be liable for a claim for Death Benefits and Disability

Benefits unless -

17.2.1 unless written notification of the claim, together with all supporting

documents as prescribed by RMA Life was received by RMA Life within 14

(fourteen) days after the occurrence of the Insured Event;

17.2.2 the claims procedure as set out in this clause 17 is complied with;

17.2.3 RMA Life is notified of the claim and such claim is instituted against RMA

Life in writing in the prescribed manner within 12 (twelve) months from the

date of the occurrence of the Insured Event. In the event that RMA Life

rejects a claim or disputes the amount of the claim, the Employer may

make representations to RMA Life within a period of 90 (ninety) days after

receipt of the notification of rejection or dispute of the claim;

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17.2.4 legal action in a court of law is instituted or a complaint with the Long-term

Insurance Ombudsman is lodged against RMA Life or arbitration

proceedings are commenced, within 12 (twelve) months from the date of

the occurrence of the Insured Event. The 12 (twelve) month period will be

suspended until the lapse of the 90 (ninety) day period stated in paragraph

17.2.3. and provided further that the Employer will at all times have at least

6 (six) months after the expiry of the 90 (ninety) day period to institute legal

action in a court of law, lodge a complaint with the Long-term Insurance

Ombudsman against RMA Life or commence arbitration proceedings with

regards to the claim, and the decision by a court of law, the Long-term

Insurance Ombudsman or arbitrator confirms the liability of RMA Life.

17.3 No claims of whatsoever nature shall be instituted or entertained in terms of this

Group Policy after the date of cancellation of this Group Policy, unless the

Insured Event giving rise to such claim occurred on or prior to the date of

cancellation.

17.4 Notwithstanding the provisions of the Group Policy relating to claims, RMA Life

reserves the right to cancel the cover in respect of an Employee and declare all

Premiums in respect of that Employee forfeited, should there be evidence of, or

an attempted submission of a fictional claim, fraud, misrepresentation or non-

disclosure of any matter material to this Group Policy, including without limitation

the existence of a pre-existing condition whereby the Death or Disablement

resulted from or was aggravated by such pre-existing condition.

18. Subrogation and Cession

18.1 In the event of the occurrence of an Insured Event and any payment of Benefits

under this Group Policy-

18.1.1 RMA Life shall be subrogated to all the Employer and/or Employee's rights

of recovery therefor against any person and the Employer and/or Employee

shall execute and deliver instruments and documents and do whatever else

is reasonably necessary to secure such rights; and/or

18.1.2 the Employer and/or Employee shall cede any claim the Employer and/or

Employee may have against any person for recovery of compensation for

9562633_1

33

his/ her loss and damages and any right of action to recover damages and

to receive payment of such damages; and

18.1.3 RMA Life shall be entitled to any proceeds received from such third parties

and that such payments shall be made to RMA Life by the recipient thereof

on demand.

18.2 It is specifically recorded herein that the Employer and/or Employee shall not,

after an Insured Event and after payment of the Benefits, prejudice the rights in

clause 18.1 above.

18.3 The Employer shall ensure that a Disabled Employee completes an

Acknowledgement Form, whereby such Employee acknowledges the terms and

conditions of this Group Policy, in particular, the rights stipulated in this clause 18

in favour of RMA Life.

19. Cancellation

19.1 RMA Life and the Employer shall at all times be able to cancel this Group Policy

by means of 30 (thirty) days written notice to the other Party.

19.2 RMA Life shall furthermore, be entitled to immediately cancel this Group Policy if-

19.2.1 the COIDA Policy terminates or comes to an end in respect of the Group;

19.2.2 the Employer fails to pay the Premiums on the Due Date or within 15

(fifteen) days thereafter;

19.2.3 the Employer is provisionally or finally liquidated or wound-up or placed

under curatorship, gives any notice of a meeting of its shareholders to

adopt a resolution placing it in liquidation, whether provisionally, voluntary

or final or resolves to or commences business rescue proceedings; or

19.2.4 the Employer commits, attempts to commit or is involved in any Act of

Terrorism related activity.

19.3 Either Party shall, in the event of breach be entitled to -

19.3.1 cancel this Group Policy by written notice should the breach be -

19.3.1.1 incapable of remedy; or

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19.3.1.2 capable of being remedied upon failure by the defaulting party to

remedy such breach within 14 (fourteen) days after receiving written

demand to remedy, or

19.3.2 to claim specific performance of all of obligations, whether or not due for

performance; and

19.3.3 to claim damages.

19.4 The Employer shall give notice of the cancellation of the Group Policy to the

Employees, the costs of which communication shall be borne by the Employer,

and upon request by RMA Life, provide proof to the reasonable satisfaction of

RMA Life that the Employees were adequately informed of the cancellation of this

Group Policy.

20. Effect of cancellation

20.1 Cancellation of this Group Policy shall not affect-

20.1.1 the Benefits payable where the Insured Event occurred prior to the date of

cancellation of this Group Policy; or

20.1.2 claims of whatsoever nature instituted in terms of this Group Policy where

the Insured Event, giving rise to such claim, occurred on or prior to the date

of cancellation, provided that RMA Life receives notice of the occurrence of

the Insured Event within 30 (thirty) days of the earlier of the occurrence of

the Insured Event or the cancellation of the Group Policy.

20.2 In the event of cancellation this Group Policy, the provision of clause 19.4 shall

apply.

21. Access to information

21.1 RMA Life shall at all reasonable times have access to the pay sheets and other

records of Earnings of the Employees relating to this Group Policy and the

performance of any obligations of the Employer in terms of this Group Policy or

relating to the data of the Employees and the Benefits paid.

21.2 The Employer shall for purposes hereof allow RMA Life or any of its auditors,

attorneys, consultants or agents access during office hours, to inspect and make

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copies of any such documentation relevant to the Employee data, subject at all

times to the relevant Data Protection Legislation and shall provide all assistance

and co-operation necessary.

22. Consent to the disclosure of Personal Information

22.1 RMA Life may be required to share and collect certain Personal Information to

assist them with services, assess risks and consider claims for the Benefits under

the Group Policy or any other proposal or change to the Group Policy.

22.2 RMA Life is limited by legislation to only collecting and Processing information

that specifically relates and is relevant to the Group Policy, and is accountable for

this information. RMA Life undertakes to keep it confidential, secure and only for

as long as it is needed.

22.3 The Employer authorises RMA Life’s staff, representatives, contracted third party

service providers, applicable reinsurers and certain subcontractors to:

22.3.1 collect and Process certain Personal Information from the Employer and its

Employees or any third party;

22.3.2 collect, share and Process information through certain registers and

databases maintained by or on behalf of ASISA or any similar organisation,

as well as other insurers and reinsurers in order to save costs and combat

fraud; and

22.3.3 share the Employer and its Employee’s product information with any

appointed financial adviser or other insurer.

22.4 This authorisation applies only for above purposes. The Employer and its

Employees are entitled to request access to the information collected, Processed

or shared by RMA Life.

23. Complaints procedure

In the event of any difference or dispute between RMA Life and the Employer, such

matter can be referred for adjudication by the Ombudsman for Long-term Insurance.

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24. Notices and Domicilia

24.1 The Parties to this Group Policy choose as their domicilia citandi et executandi

their respective addresses set out in this clause for all purposes arising out of or

in connection with this Group Policy at which addresses all processes and

notices arising out of or in connection with this Group Policy, its breach or

cancellation may validly be served upon or delivered to the Parties.

24.2 For purposes of this Group Policy the Parties' respective addresses shall be -

24.2.1 in the case of RMA Life to:

address : BDO Building

1st Floor

22 Wellington Road

Parktown

email : [email protected]

and marked for the attention of the Public Officer,

24.2.2 in the case of the Employer to the address indicated in the Employer

Participation Certificate,

or at such other address in the Republic of South Africa of which the party

concerned may notify the other in writing provided that no street address

mentioned in this sub-clause shall be changed to a post office box or poste

restante.

24.3 Any notice given in terms of this Group Policy shall be in writing and shall -

24.3.1 if delivered by hand be deemed to have been duly received by the

addressee on the date of hand delivery;

24.3.2 if posted by prepaid registered post be deemed to have been received by

the addressee on the 7th (seventh) calendar day following the date of such

posting;

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24.3.3 if transmitted by facsimile be deemed to have been received by the

addressee on the day of dispatch,

unless the contrary is proved.

25. Amendments

25.1 RMA Life shall at all times be entitled to amend any provision of this Group Policy

by 14 (fourteen) days written notice to the Employer.

25.2 No amendment, waiver or cancellation of the Group Policy as a whole or of any

term or condition thereof shall be of any force and effect unless such

amendment, waiver or cancellation is in writing and signed by RMA Life.

26. General

The Group Policy does not accumulate cash, or surrender value and may not be

converted into a paid up policy. RMA Life specifically determines that no loans will be

allowed in terms of this Group Policy.

27. Miscellaneous matters

27.1 Entire contract

This Group Policy contains all the provisions agreed on by the Parties with regard

to the subject matter of the Group Policy and supersedes and novates in its

entirety any previous understandings or agreements between the Parties in

respect thereof, and the Parties waive the right to rely on any alleged provision

not expressly contained in this Group Policy.

27.2 No stipulation for the benefit of a third person

Save as is expressly provided for in this Group Policy, no provision of this Group

Policy constitutes a stipulation for the benefit of a third person (ie a stipulatio

alteri) which, if accepted by the person, would bind any party in favour of that

person.

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27.3 No representations

A party may not rely on any representation which allegedly induced that party to

enter into this Group Policy, unless the representation is recorded in this Group

Policy.

27.4 Variation, cancellation and waiver

No contract varying, adding to, deleting from or cancelling this Group Policy, and

no waiver of any right under this Group Policy, shall be effective unless reduced

to writing and signed by or on behalf of a Party/Parties as required herein.

27.5 Indulgences

The granting of any indulgence, extension of time or relaxation of any provision

by a Party under this Group Policy shall not constitute a waiver of any right by the

grantor or prevent or adversely affect the exercise by the grantor of any existing

or future right of the grantor.

27.6 Cession and delegation

Except as provided for elsewhere in this Group Policy, a Party may not cede any

or all of that Party's rights or delegate any or all of that Party's obligations under

this Group Policy without the prior written consent of the other Party.

27.7 Applicable law

This Group Policy is to be governed, interpreted and implemented in accordance

with the laws of the Republic of South Africa.

27.8 Signature in counterparts

This Group Policy may be executed in counterparts, each of which shall be

deemed to be an original and which together shall constitute one and the same

agreement.

27.9 Independent advice

Each of the Parties hereby respectively agrees and acknowledges that:

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27.9.1 it has been free to secure independent legal advice as to the nature and

effect of each provision of this Group Policy and that it has either taken

such independent legal advice or has dispensed with the necessity of doing

so; and

27.9.2 each provision of this Group Policy is fair and reasonable in all the

circumstances and is part of the overall intention of the Parties in

connection with this Group Policy.

27.10 Co-operation

The Employer undertakes at all times to do all such things, perform all such acts

and take all such steps, and to procure the doing of all such things, within its

power and control, as may be open to it and necessary for and incidental to the

putting into effect or maintenance of the terms, conditions and import of this

Group Policy.

Signed at on 2015

Witness for RMA Life Assurance Company Limited

..................................................... ………………………………………............ duly authorised and warranting such

authority

Signed at on 2015

Witness for ___________________________ [Insert Employer Name]

..................................................... ………………………………………............ duly authorised and warranting such

authority

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Annexure A

Limitations

1. The Group Policy together with this Annexure A constitutes an indivisible agreement

between the Parties.

2. All words and expressions defined in the Group Policy shall have a similar meaning in

this Annexure A unless expressly stipulated otherwise or inconsistent with, or otherwise

indicated by the context.

3. For purposes of this Group Policy the following maximums shall be applicable:

3.1 Maximum COIDA Earnings:

3.1.1 In respect of monthly payments for Temporary Total Disablement,

Temporary Partial Disablement, Permanent Disablement and Serious

Disfigurement: R29 646.67 (twenty nine thousand six hundred and forty six

Rand and sixty seven cents) per month; and

3.1.2 In respect of lump sum Permanent Disablement and Serious Disfigurement:

R16 603.20 (sixteen thousand six hundred and three thousand Rand and

twenty cents) per month,

3.2 Start Rate of Augmented Earnings:

3.2.1 In respect of monthly payments for Temporary Total Disablement,

Temporary Partial Disablement, Permanent Disablement and Serious

Disfigurement: R41 508 (forty one thousand five hundred and eight Rand)

per month;

3.2.2 In respect of lump sum Permanent Disablement and Serious Disfigurement:

R41 508 (forty one thousand five hundred and eight Rand) per month;

3.2.3 In respect of monthly payments for Permanent Disablement and Serious

Disfigurement: From the amount in excess of the Maximum COIDA

Earnings in respect of Permanent Disablement and Serious Disfigurement.

3.3 Maximum Augmented Earnings:

R5 000 000 (five million Rand) per employee per annum.

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3.4 Maximum Aggregate Amount:

R50 000 000 (fifty million Rand) per Employee calculated over the entire duration

of the payment of the Benefits, taking increases (if any) into account.

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Annexure B

Schedule of calculation of Benefits in the event of Permanent Disablement (loss of

limbs)

1. The Group Policy together with this Annexure B constitutes an indivisible agreement

between the Parties.

2. All words and expressions defined in the Group Policy shall have a similar meaning in

this Annexure B unless expressly stipulated otherwise or inconsistent with, or otherwise

indicated by the context.

Injury Percentage of Permanent

Disablement payment

Loss of two limbs 100

Loss of both hands, or of all fingers and both thumbs 100

Total loss of sight 100

Total paralysis 100

Injuries resulting in employee being permanently bedridden 100

Any other injury causing permanent total disablement 100

Loss of arm at shoulder 65

Loss of arm between elbow and shoulder 65

Loss of arm at elbow 55

Loss of arm between wrist and elbow 55

Loss of hand at wrist 50

Loss of four fingers and thumb of one hand 50

Loss of four fingers 40

Loss of thumb - both phalanges 25

one phalanx 15

Loss of index finger - three phalanges 10

two phalanges 8

one phalanx 5

Loss of middle finger - three phalanges 8

two phalanges 6

one phalanx 4

Loss of ring finger - three phalanges 6

two phalanges 5

one phalanx 3

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Injury Percentage of Permanent

Disablement payment

Loss of little finger - three phalanges 4

two phalanges 3

one phalanx 2

Loss of metacarpals - first, second or third (additional) 4

fourth or fifth (additional) 2

Loss of leg - at hip 70

between knee and hip 45 to 70

below knee 35 to 45

Loss of toes - all 15

big, both phalanges 7

big, one phalanx 3

toes other than big toes -

four toes 7

three toes 5

two toes 3

one toe 1

Loss of eye - whole eye 30

sight 30

sight except perception of light 30

Loss of hearing - both ears 50

one ear 7