OPFA: Trustees can’t outsource death-benefit decisions to formulas
The determination highlights the need for independent judgment, proper investigation, and clear reasons when allocating benefits among dependants.
#factualdependant
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.
Death benefit ruling puts Mutsila judgment into practice
Although the retirement fund misapplied section 37C, the OPFA found the same outcome was equitable after applying the Constitutional Court’s guidance.
Tribunal upholds funds’ broad discretion in death benefit allocation
A nominee who receives a dependency allocation can still claim a share of any surplus death benefit according to the deceased’s nominations.
Retirement funds can’t use POPIA to withhold information from the Adjudicator
PAIA and POPIA should not be misused to hide inadequate investigations into dependants’ claims.
