COIDA AUGMENTATION POLICY FOR THE [ ] EMPLOYER GROUP … · 9562633_1 COIDA AUGMENTATION POLICY FOR...
Transcript of COIDA AUGMENTATION POLICY FOR THE [ ] EMPLOYER GROUP … · 9562633_1 COIDA AUGMENTATION POLICY FOR...
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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
19
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
9562633_1
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
9562633_1
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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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;
9562633_1
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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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34
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