“Lump sum benefit” definition of Second Schedule

“lump sum benefit” includes-

(a)     any amount determined in respect of the commutation of an annuity or portion of an annuity-

(i)      payable by; or

(ii)     provided in consequence of membership or past membership of,

a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; and

(b)     any fixed or ascertainable amount (other than an annuity) –

(i)      payable by; or

(ii)     provided in consequence of membership or past membership of,

a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, whether in one amount or in instalments, but does not include any amount deemed to be income accrued to a person in terms of section 7(11);

“Pension fund” definition of Second Schedule

“pension fund”, in relation to any person, means

(a)     a fund which has in respect of the year of assessment in question or any previous year of assessment been approved by the Commissioner as a pension fund under paragraph (c) of the definition of “pension fund” in section 1 or a corresponding definition in any previous Income Tax Act; or

(b)     a public sector fund (other than a fund referred to in paragraph (b) of the definition of “provident fund”), the rules of which wholly or mainly provide for annuities on retirement to its members,

if during any such year the person was a member of such fund;

“Provident fund” definition of Second Schedule

“provident fund”, in relation to any person, means

(a)     a fund which has in respect of the year of assessment in question or any previous year of assessment been approved by the Commissioner as a provident fund as defined in section 1 of this Act or the corresponding provisions of any previous Income Tax Act; or

(b)     a public sector fund, the rules of which provide for benefits in a lump sum exceeding onethird of the capitalised value of all benefits (including lump sum payments and annuities) to its members on retirement,

if during any such year the person was a member of such fund;

“Public sector fund” definition of Second Schedule

“public sector fund” means a fund referred to in paragraph (a), (b) or (d) of the definition of “pension fund” or paragraph (a), (b) or (c) of the definition of “provident fund” in section 1(1);

[Definition of “public sector fund” inserted by section 91(1)(e) of Act 22 of 2012 and substituted by section 62(1) of Act 15 of 2016 and by section 38(1) of Act 23 of 2020 effective on 1 March, 2021 and applicable in respect of years of assessment commencing on or after that date]

“Retirement annuity fund” definition of Second Schedule

“retirement annuity fund” in relation to any taxpayer, means a fund which has in respect of the year of assessment in question or any previous year of assessment been approved by the Commissioner as a retirement annuity fund as defined in section 1 of this Act or the corresponding provisions of any previous Income Tax Act, if during any such year the person was a member of such fund.