pC
paul C

1 reviews | Active since Jul 2012

18 Sept 2015, 23:38

Why must I pay Back my Own Pension

I am a member of the SAPS and also thus a member of the GEPF.I got divorced last year and according to the Clean Break Principle my ex spouse got halve my pension.Now I am struggling to start over as a divorce is very draining emotionally and financially.I must start over from scratch and now I must pay back the half of my pension given to my spouse as a debt on my name.I did not ask for this debt and was never consulted about this.Why wasn't she given half of my contributed pension?<br> Now I am struggling to pay rent and eat and can not afford to pay this ridiculous amount of interest each month on my own pension.I even worked out that when I retire I would end up not getting out a cent of my pension because of this.<br> <br> I want to know where I signed and where was I informed about this?<br> <br> How must I pay this money back If I earn a small salary?<br> <br> Why was a debt created if I already had a pension and my own money was not used?<br> <br> Can you please answer this as I will be forced to resign if this is not solved.This is really not fair and no consideration or choice was ever given to me..<br> <br> Please resolve this issue

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Replies (1)
Government Employees Pension Fund (GEPF)
Government Employees Pension Fund (GEPF)'s reply21 Sept 2015, 09:00
Official
Hello paulcilliers,

Thank you for contacting the GPAA.

Please take note of the below information:

What is the clean break principle?
Previously, if you divorced, you would only receive your divorce pension interest, awarded by the court to you, when your ex-spouse resigned, retired or was dismissed. Years could go by before you would receive any pension money and often this money was desperately needed after the divorce. The Government Employees Pension Law, Proclamation 21 of 1996 (GEP Law) and rules were therefore amended to provide for what is called the clean break principle. The clean break principle allows for the payment of the portion of the pension interest allocated by the court, directly after the divorce, to a non-member spouse - not when the member eventually exits. Payment of the portion of the pension interest allocated by the court must therefore now be made by GEPF as soon as practically possible after the issuing of the divorce order and not on the exit of the member from the Fund, as was the position before the amendment of the GEP Law and rules.

Repayments of Debt:
Once the payment is made to the ex-spouse an overpayment is loaded and this overpayment will accrue intere