
Housing purpose alone does not secure a pension-backed loan
The Adjudicator upheld a fund’s reliance on affordability requirements but cautioned it about poor service delivery and delayed communication.

The Adjudicator upheld a fund’s reliance on affordability requirements but cautioned it about poor service delivery and delayed communication.

The determination highlights the need for independent judgment, proper investigation, and clear reasons when allocating benefits among dependants.

An IRFA panel says trustees need clear escalation processes and persistent oversight to turn section 13A compliance into meaningful recovery action.

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.

The draft guidelines set out how witnesses may be called and material obtained during complaint investigations.

The Adjudicator orders a fresh investigation after finding that the fund had not adequately verified an alleged cohabiting partner’s claim.

Retirement funds are expected to submit fuller, better-documented complaints when pursuing employers over unpaid contributions and missing contribution schedules.

Continuous cohabitation and joint bank accounts are relevant but not decisive when trustees assess whether a claimant was a permanent life partner.

The fund’s calculation was found reasonable by an independent actuary, but the OPFA held that the rules did not authorise the conversion method.

From 6 August, administration agreements and outsourcing arrangements must comply with the last deferred provisions of Conduct Standard 2 of 2025.

The ruling found sufficient prima facie evidence for withholding but did not determine whether Karabo Ramela committed fraud or caused the claimed losses.

The decision clarifies when prior civil proceedings may prevent the Pension Funds Adjudicator from investigating a complaint over withheld benefits.

Although the retirement fund misapplied section 37C, the OPFA found the same outcome was equitable after applying the Constitutional Court’s guidance.

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.

Nearly nine years after the claim was lodged, the fund still could not confirm whether the benefit had been allocated or paid.

IRFA says the FSCA is engaging with the Department of Employment and Labour on the issue.

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.