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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Explain the legislation relating to marriage, divorce and maintenance as it applies to retirement benefits 
SAQA US ID UNIT STANDARD TITLE
117131  Explain the legislation relating to marriage, divorce and maintenance as it applies to retirement benefits 
ORIGINATOR
SGB Insurance and Investment 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Finance, Economics and Accounting 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04  2 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2026-06-30   2029-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard replaces: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
10391  Demonstrate knowledge and insight into legislation relating to marriage, divorce and maintenance as it applies to employee retirement and insurance benefits  Level 4  NQF Level 04  2   

PURPOSE OF THE UNIT STANDARD 
This unit standard is intended for learners in the retirement fund industry who work in Group Retirement and Life Insurance Benefits. It requires basic knowledge of the legislation governing marriage, divorce and maintenance as applied by retirement funds. It is useful for trustees of retirement funds, intermediaries, legal secretaries and accountants.

The qualifying learner is capable of:
  • Explaining the impact of legislation and the South African Constitution on retirement fund matters.
  • Explaining the different types of marriages and partnerships that are recognised in South Africa.
  • Explaining the effect of the Divorce Amendment Act of 1989 and the allocations of retirement fund benefits.
  • Explaining the application of the Maintenance Act (99 of 1998) to the accrual and payment of retirement fund benefits. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    There is open access to this unit standard. Learners should be competent in Communication, Mathematical and Financial Literacy at Level 3. 

    UNIT STANDARD RANGE 
    The typical scope of this unit standard is

    Legislation includes
  • The Recognition of Customary Marriages Act (120 of 1998).
  • The Matrimonial Property Act (88 of 1984).
  • The Maintenance Act (99 of 1998)
  • The Divorce Amendment Act (7 of 1989)
  • The Income Tax Act (58 of 1962 as amended)
  • The Constitution of the Republic of South Africa Act (108 of 1996).
  • The Black Administration Act of 1922 as amended.
  • The Pension funds Act of 1956.
    Different types of marriages include, legal marriages, religious and traditional marriages and other unions not registered in terms of the Marriages Act (25 of 1961).
    Evidence required as proof of the existence of a spouse includes, but is not limited to marriage certificates and affidavits.
    Case studies illustrating the obligation of a Fund to pay interest should include an example where the payment of interest is part of the court order.
    Maintenance payments may affect payments in arrears or amounts for future maintenance payments. 
    		•

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the impact of legislation and the South African Constitution on retirement fund matters. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1.1 The legislation that impacts on retirement fund matters is identified and the sections in the legislation that apply to retirement funds are accessed in the relevant Acts. 

    ASSESSMENT CRITERION 2 
    The impact/effect of the Pension Funds Adjudicator's determinations on the governance and administration of funds is explained in terms of marriage, divorce and maintenance. 

    ASSESSMENT CRITERION 3 
    The general effect of the South African Constitution on legislation relating to marriage, divorce and maintenance is explained with examples. 

    SPECIFIC OUTCOME 2 
    Explain the different types of marriages and partnerships that are recognised in South Africa. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The concept of marriage is explained with examples. 

    ASSESSMENT CRITERION 2 
    The concept of a spouse is explained and an indication is given of the evidence required to prove the existence of a spouse. 

    ASSESSMENT CRITERION 3 
    The impact of the Constitution on the range of marriages and partnerships recognised in South Africa is explained with examples. 

    SPECIFIC OUTCOME 3 
    Explain the effect of the Divorce Amendment Act of 1989 on allocations on retirement fund benefits. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The concept of a divorce is explained with examples. 

    ASSESSMENT CRITERION 2 
    The concept of pension interest is explained as it is applied to retirement funds. 

    ASSESSMENT CRITERION 3 
    A court order is analysed for correctness. 

    ASSESSMENT CRITERION 4 
    The process to be followed on receipt of a court order is explained and an indication is given of the implications of non-compliance. 

    ASSESSMENT CRITERION 5 
    A valid court order is interpreted to determine the responsibility for the payment of tax on receipt of a benefit. 

    ASSESSMENT CRITERION 6 
    A valid court order is interpreted to determine the inclusion of interest on the former spouse of a member's pension interest. 

    ASSESSMENT CRITERION 7 
    A valid court order is interpreted to determine the order of preference for deductions against a member's benefit. 

    SPECIFIC OUTCOME 4 
    Explain the application of the Maintenance Act 99 of 1998 to the accrual and payment of retirement benefits. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The concept of maintenance is explained with examples. 

    ASSESSMENT CRITERION 2 
    A maintenance order is analysed for validity and an indication is given of the implications of enforcing the order. 

    ASSESSMENT CRITERION 3 
    The process to be followed on receipt of a court order is explained and an indication is given of the implications of non-compliance. 

    ASSESSMENT CRITERION 4 
    A valid court order is interpreted to determine the order of preference for deductions against a member's benefit. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    This Unit Standard will be internally assessed by the provider and moderated by a moderator registered by a relevant accredited ETQA or an ETQA that has a Memorandum of Understanding with the relevant accredited ETQA. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    N/A 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    The learner is able to identify and solve problems in which responses show that responsible decisions have been made in applying the regulations and the different Acts to Group Retirement Benefits. 

    UNIT STANDARD CCFO COLLECTING 
    The learner is able to collect, organise and critically evaluate information relating to the Act and regulations. 

    UNIT STANDARD CCFO COMMUNICATING 
    The learner is able to communicate effectively in explaining the concepts in the Acts and various regulations. 

    UNIT STANDARD CCFO DEMONSTRATING 
    The learner is able to demonstrate an understanding of the world as a set of related systems by recognising the implications of non compliance with the Acts for the member, spouse/partner of a member, retirement funds and employee. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    This unit standard has replaced 10391, "Demonstrate knowledge and insight into legislation relating to marriage, divorce and maintenance as it applies to employee retirement." 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  49089   National Certificate: Financial Services  Level 3  NQF Level 03  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  INSETA 
    Elective  49649   Further Education and Training Certificate: Long-term Insurance  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  INSETA 
    Elective  49529   Further Education and Training Certificate: Long-Term Risk Assessment  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  INSETA 
    Elective  66613   Further Education and Training Certificate: Wealth Management  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  As per Learning Programmes recorded against this Qual 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.