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Home / Posts tagged “#PensionFundsAct”

#PensionFundsAct

Videos

Video interview: New mutual insurer enters the market

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2025 FPI Convention Highlights with Lelané Bezuidenhout and Ronald Matande

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Key compliance issues for FSPs in 2025/26

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Administrator must compensate fund member for tracing failure

It failed to take reasonable steps to trace the member, resulting in the depletion of a small benefit through admin charges, the OPFA says.

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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.

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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.

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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.

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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.

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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.

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New Pension Funds Adjudicator appointed as Lukhaimane steps down

Lebogang Mogashoa takes office in December for a three-year term.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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FST upholds FSCA’s revocation after employer trustees excluded from vote

The Tribunal agrees with the Authority that the rule amendment was void because the employer-appointed trustees were asked to leave the meeting during the deliberations.

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Updated 9 February 2026

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RAF ends costly battle with Auditor-General
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