Thesis (LLM. (Labour Law)) -- University of Limpopo, 2015 / Section 37C of the Pension Funds Act was introduced primarily to ensure that death benefits are paid in accordance with the object of the Act and government policy. Its purpose is to make sure that the dependants of the deceased member are not left destitute upon the death of the member. In order to achieve this, the death benefits are placed under the control of the trustees who are tasked with the duty to distribute the benefits equitably among the beneficiaries. According to this section, death benefits do not form part of the deceased’s estate and as a result a beneficiary under the last will and testament of the deceased is not necessarily a beneficiary under section 37C of the Act. The board of trustees will consider a person as a beneficiary if the deceased member has nominated such a person in a valid nomination form. This section therefore overrides the deceased’s freedom of testation because the board of trustees are not bound by the deceased’s wishes as completed in the nomination form. A nomination form is one of the factors which the trustees have to consider in the exercise of their discretion to make an equitable distribution.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / The study will analyse section 37C of the Pension Funds Act, 24 of 1956. This section limits the deceased’s freedom of testate by placing the death benefits and the control of the board of trustees who are tasked to distribute such benefits equitably among the dependants and nominees of the deceased. Section 37C of the Act was enacted to protect dependency by ensuring that the dependants of the deceased are not left in destitute. In order to achieve this, three duties are placed on the board of trustees namely, to identify the dependants and nominees of the deceased member; to effect an equitable distribution of the benefit among the beneficiaries; and to determine an appropriate mode of payment. This section sees to all the interest of the dependants without discriminating consequently there are three classes of dependants that are created under section 37C namely; legal dependants, non-legal dependants, and future dependants.

Made available in DSpace on 2016-04-26T20:29:06Z (GMT). No. of bitstreams: 1 John Neville Gepp.pdf: 703147 bytes, checksum: 8256c51cfdd0b98aee8293dcee92de55 (MD5) Previous issue date: 2009-05-14 / The scope of this dissertation is to study the social security pension for death benefits within the Brazilian Social Security s General Regime in comparison with the foreign system. For a better comprehension of the subject, we approached the concept of social security and its historical evaluation. After this preliminary examination, we made a few considerations about the social security under the Brazilian law. When we dealt with the pension for death benefits within the Social Security s General Regime of the national law, we analyzed all the criteria that integrate its hypothesis (material, space and time criteria) and its consequent ruling (personal and quantitative criteria). As a critical argument related to the approached matter, we tried to demonstrate situations in which the survivors benefits in Brazil should not be granted because the social necessity requisite is not present. In the final part of this dissertation, as an attempt to reach conclusions and suggestions for the improvement of the pension for death benefits under the Brazilian Social Security s General Regime, we discoursed upon the pension for death benefits in Portugal, Spain, Italy, Chile and the United States of America / O escopo desta dissertação é estudar o benefício previdenciário pensão por morte no Regime Geral da Previdência Social brasileiro em cotejo com o ordenamento alienígena. Para melhor entendimento do tema, abordamos o conceito de seguridade social e sua evolução histórica. Após este exame preliminar, tecemos algumas considerações sobre a previdência social no direito brasileiro. Ao tratarmos do benefício previdenciário pensão por morte, no Regime Geral da Previdência Social do direito pátrio, analisamos cada um dos critérios que integram a sua hipótese (critérios material, espacial e temporal) e seu conseqüente normativo (critério pessoal e quantitativo). Como argumento crítico ao tema abordado procuramos demonstrar situações em que o benefício pensão por morte no Brasil não deveria ser concedido, pois não estaria presente o requisito da necessidade social. Na parte final desta dissertação, buscando conclusões e sugestões para o aprimoramento da pensão por morte, no Regime Geral da Previdência Social brasileiro, discorremos sobre a pensão por morte de Portugal, Espanha, Itália, Chile e Estados Unidos

Made available in DSpace on 2016-04-26T20:20:56Z (GMT). No. of bitstreams: 1 Priscilla Milena Simonato.pdf: 508067 bytes, checksum: b08fa76ded48c56a5e55f75845435744 (MD5) Previous issue date: 2012-05-28 / This dissertation talks about the concept of economic dependence for getting the pension benefit for death. It aims to analyze who the insured s economic dependents are, according to the Federal Constitution. The pension benefit for Death, constitutionally provided, as well as listed in an ordinary law n. º 8.213/91, is a social security benefit granted to the insured dependents. However, the common law has created an exhaustive list of dependents who have the real social security benefits in case of death risk. This list of dependents, besides having the reliant presumption, violates, in many cases, the constitutional principles about the social justice and exact application of the principle of human dignity, which is a fundamental right and lead us to search the real concept of economic dependence through a constitutional interpretation / A presente dissertação versa sobre o conceito de dependência econômica para fins de concessão do benefício de pensão por morte. Visa analisar quem são os dependentes econômicos do segurado à luz da Constituição Federal. O benefício da Pensão por Morte, previsto constitucionalmente, bem como previsto na legislação ordinária n.º 8.213/91, é um benefício previdenciário concedido aos dependentes do segurado. No entanto, a legislação ordinária criou um rol taxativo de dependentes que fazem jus ao benefício previdenciário na ocorrência do risco morte. Tal rol de dependentes, por ter uma presunção de dependência, em muitos casos fere os preceitos constitucionais da busca da justiça social e a aplicação exata do princípio da dignidade da pessoa humana, direito este fundamental, o que leva na busca do real conceito da dependência econômico através de uma interpretação constitucional

Prior to the introduction of section 37C into the Pension Funds Act. 24 of 1956, the benefit payable as a result of the death of a member would devolve in accordance with his last will and testament or the provisions of intestate succession. The advent of section 37C brought a statutory regime which expressly excludes freedom of testation and rather looks to the board of a fund to distribute the death benefit. The board may only pay the dependants of a deceased (either factual or legal) or the persons he has recorded on his nomination form. The section relies on the board to exercise its discretion in a manner which results in an equitable distribution of the death benefit notwithstanding that it does not provide any guidelines as to how this is to be achieved. Accordingly, numerous decisions are challenged by the identified beneficiaries because they are unhappy with the manner in which the board exercised its discretion. This results in complaints being lodged with the Pension Funds Adjudicator. Many such complaints should never have arisen or could have been easily solved by a proper exercise of discretion on the part of the board. The problem is that these complaints are adding to an already burdened office. Adequate training and understanding of the obligations of section 37C would probably result in fewer complaints to the Adjudicator. This dissertation examines whether the determinations which have been issued by the Adjudicator in respect of section 37C indicate a need for such training and understanding and, if they do, what possible remedies there might be to cure such a problem. Recommendations arising from this are that trustees must receive training focused on section 37C and proposed practical protocols to assist a board when exercising its duty to make an equitable distribution. / Jurisprudence / LL.M.

近來，由於詐領人壽保險死亡保險金之情況甚為嚴重，使得政府及保險人不得不對人壽保險人免責事由之規範加以留意。而此亦為本文撰寫靈感來源。 故本文乃試從保險法及保險學之角度，對人壽保險人免責事由之意義及內容加以界定，進而於提出各國立法例後，探究目前我國人壽保險人之法定免責事由，並以人壽保險單示範條款為意定免責事由之中心，探究相關之法令規定。 對於人壽保險人免責事由之主要問題乃出自保險法第一百零九條及第一百二十一條，雖現行人壽保險單示範條款第十四條之規定亦源自於此二法條而來。然而，對於其中之爭議點，人壽保險單示範條款仍未加以解決。此外，本文亦兼論有關戰爭、內亂及其他類似的武裝變亂和核子反應造成之損害，保險人是否得以免責。 最後，對於前述之問題，本文建議除了從我國保險法第一百零九條、一百二十一條、第三十二條之內容加以修正之外，亦可從保險犯罪防制中心之成立，進行危險控制之工作。 / Defrauding death benefits of life insurance has become more and more serious recently, so the government and insurers must keep their eyes open about the liability exception of life insurers. This is also the inspiration source of this essay. This essay tries to describe the definition and contexts of the liability exception of life insurers from the insurance law and insurance theories points of view. After bringing the cases and laws in different countries forward, the writer will proceed to the next step: to investigate into the statutory liability exception of life insurers; and then, to center on Model Provisions of Life Insurance Policy, studying the related regulations about the exceptions or exclusions of life policy. The main issues of the liability exception of the life insurers arise from Sections 109 and 121 of the Insurance Law of R. O. C.. Although the Model Provisions of Life Insurance Policy S.14 also came from these rules, the main issues still remain unsolved. Moreover, this essay will also discuss about whether or not the insurers should be liable for the insurance events caused by the wars, civil strifes, other armed forces and nuclear reaction. Finally, this essay suggests amending the Insurance Law of R.O.C., S.109, 121, and 32 to solve the issues mentioned above as well as establishing the Crime Prevention Center of Insurance Institute to carry out the work of risk control.

Prior to the introduction of section 37C into the Pension Funds Act. 24 of 1956, the benefit payable as a result of the death of a member would devolve in accordance with his last will and testament or the provisions of intestate succession. The advent of section 37C brought a statutory regime which expressly excludes freedom of testation and rather looks to the board of a fund to distribute the death benefit. The board may only pay the dependants of a deceased (either factual or legal) or the persons he has recorded on his nomination form. The section relies on the board to exercise its discretion in a manner which results in an equitable distribution of the death benefit notwithstanding that it does not provide any guidelines as to how this is to be achieved. Accordingly, numerous decisions are challenged by the identified beneficiaries because they are unhappy with the manner in which the board exercised its discretion. This results in complaints being lodged with the Pension Funds Adjudicator. Many such complaints should never have arisen or could have been easily solved by a proper exercise of discretion on the part of the board. The problem is that these complaints are adding to an already burdened office. Adequate training and understanding of the obligations of section 37C would probably result in fewer complaints to the Adjudicator. This dissertation examines whether the determinations which have been issued by the Adjudicator in respect of section 37C indicate a need for such training and understanding and, if they do, what possible remedies there might be to cure such a problem. Recommendations arising from this are that trustees must receive training focused on section 37C and proposed practical protocols to assist a board when exercising its duty to make an equitable distribution. / Jurisprudence / LL. M.