Unpaid contributions: what ‘doing enough’ looks like for trustees
An IRFA panel says trustees need clear escalation processes and persistent oversight to turn section 13A compliance into meaningful recovery action.
#PensionFundsAdjudicator
OPFA signals tougher action against non-compliance
The Pension Funds Adjudicator plans to use its powers more assertively against employers, funds, and responsible persons who ignore complaints or fail to co-operate.
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.
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.
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.
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.
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.
Tribunal dismisses R824 000 claim over delayed fund credit transfer
The FST rejects the member’s loss calculation based on assumed money market returns, affirming that the fund’s rules limit accrual to bank interest.
Death claims test trustees as section 37C meets real-world complexity
From disputed dependants to contested deaths, trustees are judged on how they investigate and explain their decisions.
Benefit payment hold-up leads to compensation order against fund
The Pension Funds Adjudicator finds that delays in processing a member’s withdrawal and transfer of retirement savings were wrongful and negligent.
Non-responsive retirement funds face stricter action from Adjudicator
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.
