
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.

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

There is a legal grey area over the calculation of pension interest in divorce settlements and whether funds may now be permitted to make deductions for future maintenance orders.

The employee was told she would be granted immunity from prosecution if she agreed to sign the AOD.

An application clause will provide for the Pension Funds Act to prevail over the Divorce Act where the Acts’ provisions conflict.

The Association for Savings and Investment SA and the Institute of Retirement Funds Africa also call for amendments not related to the two-pot system to be held over.

The Pension Bill will prohibit members from making a withdrawal from the savings component if the withdrawal results in insufficient funds remaining to settle a court order.