Document checklist falls short in retirement fund withdrawal dispute
The Tribunal found that evidence of tax non-residence must be assessed against the legislation, with clear reasons given when it is considered insufficient.
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Adjudicator rebuked for applying ‘manifestly unreasonable’ standard to dependency evidence
The Tribunal says the Adjudicator shifted the evidentiary goalpost over three determinations and passively accepted uncorroborated allegations.
Retirement fund faulted for failing to verify death-benefit claim
The Adjudicator orders a fresh investigation after finding that the fund had not adequately verified an alleged cohabiting partner’s claim.
No checklist for proving a permanent life partnership, says Adjudicator
Continuous cohabitation and joint bank accounts are relevant but not decisive when trustees assess whether a claimant was a permanent life partner.
Defined-benefit pension conversion dispute turns on fund’s rules
The fund’s calculation was found reasonable by an independent actuary, but the OPFA held that the rules did not authorise the conversion method.
Former Robben Island CFO loses bid to unfreeze pension benefit
The ruling found sufficient prima facie evidence for withholding but did not determine whether Karabo Ramela committed fraud or caused the claimed losses.
Two-pot withdrawal allowed: fund’s arrears rule doesn’t apply to member
The deputy adjudicator finds the ‘freeze’ clause the fund relied on is tied to its DB rules and can’t be used to block a DC member’s savings withdrawal.
Benefit payment hold-up leads to compensation order against fund
The Pension Funds Adjudicator finds that delays in processing a member’s withdrawal and transfer of retirement savings were wrongful and negligent.
Fund ordered to compensate member for delayed pension payments
The Pension Funds Adjudicator finds that prolonged administrative delays caused material prejudice to the member.
Retirement fund referred to FSCA after ‘failing to engage with Adjudicator’
The OPFA says the fund did not respond to multiple requests for information relating to the non-payment of a death benefit.
Being married isn’t enough to secure a death benefit
The Pension Funds Adjudicator draws a line between entitlement to a monthly spouse’s pension and the allocation of a lump-sum death benefit.
FAIS Ombud highlights need for follow-up when a policy changes materially
Determination says a ‘reasonable broker’ would supplement a bulk email with an email or phone call to ensure the client is aware of new conditions.
More FAIS Ombud determinations against funeral provider
Luvuyo Burial and Consulting did not pay the claims in full even after the Ombud’s Office intervened.
FSCA suspends FSP’s licence after third Ombud determination
The beneficiaries waited months to be paid their funeral policy benefits, but they received only partial pay-outs despite undertakings to the contrary.
Adjudicator asks FSCA to act against ‘unresponsive’ retirement fund
Muvhango Lukhaimane says the SALA Pension Fund’s refusal to engage with her Office’s enquiries constitutes a breach of the fund’s fiduciary obligations.
FAIS Ombud finds broker negligent for failing to update client’s contact details
The material change from a co-policyholder to a sole policyholder should have alerted the FSP of the need to review the policy.
Twins born from donor sperm outside marriage not legal dependants
Sperm does not a father make and being a biological parent does not confer absolute rights, according to a ruling by the Pension Funds Adjudicator.
