Ruling clarifies trustee discretion when employers seek to preserve pension benefits
The judgment emphasises the responsibility of trustees to exercise their discretion fairly when deciding whether to withhold benefits in terms of section 37D.
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Ombud Council issues new rules for Pension Funds Adjudicator
The framework formalises complaint-handling procedures, introduces mechanisms such as conciliation and summary dismissal, and will be implemented in phases.
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.
Employers face dual enforcement for non-payment of retirement contributions
The Minister of Employment and Labour removes a 2003 exemption that shielded employers from labour-inspector oversight.
Adjudicator upholds R4.5m allocation after wife fails to prove financial dependency
The customary wife failed to substantiate her claims of financial dependency and was shown to be estranged from the deceased.
Adjudicator lacks jurisdiction over unapproved disability policies
Tribunal confirms that only benefits administered by a registered fund fall under the Pension Funds Adjudicator’s jurisdiction.
New Pension Funds Adjudicator appointed as Lukhaimane steps down
Lebogang Mogashoa takes office in December for a three-year term.
FST upholds withholding of R2.16m benefit amid Shoprite fraud case
The decision makes clear the requirements for a lawful withholding: a prima facie case of dishonesty and demonstrable, timely steps by the employer to recover losses.
Tribunal: A fund’s rules control savings component withdrawals
The fund would be acting ultra vires if it paid a savings withdrawal while the member’s and employer’s contributions remained unpaid.
New Rules for Adjudicator emphasise efficiency, consistency, and COFI readiness
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.
How the two-pot system reshapes pension rights in divorce settlements
The two-pot rules redefine ‘pension interest’ at account level, meaning funds must deduct awarded sums proportionally from the savings, retirement, and vested components.
COFI will redefine the OPFA’s role and scope
Expanding the Office’s mandate to include disputes involving advice will enhance member protection, but there are concerns over jurisdictional overlaps and operational costs.
Alexforbes defends legal position after Mabuza pension freeze
The High Court freezes payouts from the late former Deputy President’s R44.7m annuity amid a family dispute.
50% surge in employers in arrears with retirement contributions
Unpaid contributions rose to R7.29bn, and 62% of delinquent employers are in the motor and private security sectors, according to FSCA data.
SCA: Retirement fund agreement for municipal staff is illegal
The majority finds the accreditation mechanism effectively coerced funds to amend their rules or risk losing employer contributions – undermining trustees’ fiduciary duties under the PFA.
Trustees now have ‘clear guidance’ on dependency and benefit allocations
Dependency is assessed at the member’s date of death, and trustees must conduct active investigations and apply a principled equitable allocation process.
