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.
OPFA proposes framework for exercising summons powers
The draft guidelines set out how witnesses may be called and material obtained during complaint investigations.
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.
OPFA introduces dedicated form for section 13A complaints
Retirement funds are expected to submit fuller, better-documented complaints when pursuing employers over unpaid contributions and missing contribution schedules.
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.
Conduct Standard deadline nears for benefit administrators
From 6 August, administration agreements and outsourcing arrangements must comply with the last deferred provisions of Conduct Standard 2 of 2025.
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.
FST sets aside pension ruling in dispute between SAIPA and former CEO
The decision clarifies when prior civil proceedings may prevent the Pension Funds Adjudicator from investigating a complaint over withheld benefits.
Retirement fund arrears rise to R8.33bn despite R1bn in recoveries
Late-payment interest now accounts for almost half of arrears, suggesting unpaid contributions are remaining outstanding for longer.
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.
SCA upholds Adjudicator’s reading of ‘12 months’ in section 37C
The retirement fund was not entitled to pay the benefit into the estate because it only learned of the member’s death more than a year later.
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.
Tribunal: liquidation does not bar arrear contributions complaint
The Adjudicator conflated jurisdiction with enforcement and overlooked the potential personal-liability provisions in the PFA.
Fund rules prevail over ‘informal understanding’ in contribution dispute
The Tribunal says membership could end only in accordance with the fund’s rules, and WhatsApp exchanges did not amount to a valid withdrawal.
Adjudicator slams fund over unresolved death-benefit claim
Nearly nine years after the claim was lodged, the fund still could not confirm whether the benefit had been allocated or paid.
