
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.

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.

The Adjudicator conflated jurisdiction with enforcement and overlooked the potential personal-liability provisions in the PFA.

The Tribunal says membership could end only in accordance with the fund’s rules, and WhatsApp exchanges did not amount to a valid withdrawal.

COFI’s outcomes-based framework may push governance responsibility beyond trustees and require umbrella funds to prove that members are better off.

The system appears to be changing member behaviour at exit from employment, even as most eligible members continue to make withdrawals.

IRFA also sets out how exit withdrawals now work when a member resigns and has already withdrawn from the savings component in the tax year.

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.

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.

From disputed dependants to contested deaths, trustees are judged on how they investigate and explain their decisions.

The Pension Funds Adjudicator finds that delays in processing a member’s withdrawal and transfer of retirement savings were wrongful and negligent.

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.

Naleni Govender says retirement funds need a more deliberate approach to private markets, with stronger due diligence, better partnerships, and clearer accountability.

Rulings show weak controls can force retirement funds to repay benefits years later, with interest.

Officials outline key supervisory areas affecting financial institutions, with a focus on governance, AML controls, cyber resilience, and consumer-facing risks.

Withdrawal activity has spiked again at the start of the new tax year, with data showing repeat claims are becoming entrenched and raising concerns about long-term retirement outcomes.

The judgment emphasises the responsibility of trustees to exercise their discretion fairly when deciding whether to withhold benefits in terms of section 37D.