
OPFA proposes framework for exercising summons powers
The draft guidelines set out how witnesses may be called and material obtained during complaint investigations.

The draft guidelines set out how witnesses may be called and material obtained during complaint investigations.

The Adjudicator orders a fresh investigation after finding that the fund had not adequately verified an alleged cohabiting partner’s claim.

Retirement funds are expected to submit fuller, better-documented complaints when pursuing employers over unpaid contributions and missing contribution schedules.

Continuous cohabitation and joint bank accounts are relevant but not decisive when trustees assess whether a claimant was a permanent life partner.

The fund’s calculation was found reasonable by an independent actuary, but the OPFA held that the rules did not authorise the conversion method.

The ruling found sufficient prima facie evidence for withholding but did not determine whether Karabo Ramela committed fraud or caused the claimed losses.

Although the retirement fund misapplied section 37C, the OPFA found the same outcome was equitable after applying the Constitutional Court’s guidance.

Most FSCA levies will rise by 3.2%, but retirement funds face a 15% increase in the OPFA levy, and charges are introduced for some entities.

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.

Nearly nine years after the claim was lodged, the fund still could not confirm whether the benefit had been allocated or paid.

The Pension Funds Adjudicator finds that delays in processing a member’s withdrawal and transfer of retirement savings were wrongful and negligent.

Summonses and subpoenas may be used to address non-cooperation by funds and administrators, as the OPFA seeks to improve the efficiency of its investigations.

The framework formalises complaint-handling procedures, introduces mechanisms such as conciliation and summary dismissal, and will be implemented in phases.

The Pension Funds Adjudicator finds that prolonged administrative delays caused material prejudice to the member.

The OPFA says the fund did not respond to multiple requests for information relating to the non-payment of a death benefit.

The retirement funds correctly refused multiple savings component withdrawals and early access to vested benefits.

The draft Rules for the Office of the Pension Funds Adjudicator formalise existing procedures and align the OPFA with COFI and the cross-scheme framework.