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.
#PensionFundsAdjudicator
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.
Bill gives Labour Court, CCMA, and bargaining councils power to order unpaid contributions
Misaligned statutory deadlines for employee retirement fund contributions raise practical compliance questions, particularly for employers with non-monthly payroll cycles.
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.
Fund ordered to compensate member for delayed pension payments
The Pension Funds Adjudicator finds that prolonged administrative delays caused material prejudice to the member.
Two-pot reform does not unlock vested RA benefits – Tribunal
The system introduced limited access to savings components, but it did not change the longstanding withdrawal restrictions applicable to RAs.
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.
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.
ConCourt clarifies scope of section 30P of the PFA proceedings
The Adjudicator breached audi alteram partem by making adverse findings about a Fund’s investigation without giving it a substantive opportunity to respond.
Funds must fully verify dependency before allocating a death benefit
The Constitutional Court finds that a fund relied on unverified, one-sided information and failed to establish the extent of factual dependency.
Adjudicator asks FSCA to act against ‘unresponsive’ retirement fund
Muvhango Lukhaimane says the SALA Pension Fund’s refusal to engage with her Office’s enquiries constitutes a breach of the fund’s fiduciary obligations.
Retirement fund held to PFA’s jurisdictional requirements
Enforcement of the Adjudicator’s orders must proceed where the employer-municipality resides and where the unpaid contributions arose.
