Pension fund law

Withholding retirement benefits – retirement funds boards’ duty to scrutinise employers’ requests

This article discusses the role of retirement funds boards’ when employers associated with their funds request them to withhold members’ accrued retirement benefits pending the finalisation of court cases, which […]

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Valuing living annuities

The Supreme Court of Appeal (SCA) recently ruled in CM v EM [2020] 3 All SA 1 (SCA) that the value of a living annuity falls in the policyholder’s estate […]

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Regulation 35(4) of the Pension Funds Act regulations is declared invalid and unenforceable

Southern Sun Group Retirement Fund v Registrar of Pension Funds and Others (SCA) (unreported case no 215/2019, 2-11-2020) (Navsa JA (Zondi, Van der Merwe and Nicholls JJA and Unterhalter AJA […]

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The GEPF Divorce Debt System: Is it time for reparation or class action?

The Government Employees Pension Fund (GEPF) divorce debt system forced its members into reckless credit, in terms of the National Credit Act 34 of 2005 (NCA), which reduced their pension […]

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Dispute resolution forum: Is your pension fund regulated by the Pension Fund Act?

This article highlights an issue of concern in the South African retirement fund industry regarding the discrimination experienced by members, trustees and other retirement fund stakeholders who are not regulated […]

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Clarifying the term pension fund in the Divorce Act and the Pension Fund Act

On 3 December 2019 the Supreme Court of Appeal (SCA) delivered a judgment in the case of Nailana v Nailana (SCA) (unreported case no 714/2018, 3-12-219) (Swain JA (Petse DP, […]

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The correct route to follow when dealing with pension fund adjudicator’s determinations

The law regulating the South African retirement fund industry is fragmented with different retirement funds being regulated by different pieces of legislation (MC Marumoagae ‘The need for effective management of […]

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Jumping from one retirement fund to a rival: Can it be done during your period of employment?

The Supreme Court of Appeal (SCA) in Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others [2016] 4 All SA 761 (SCA) at para 1, highlighted […]

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Should retirement funds be named or identified in divorce orders?

In practice, non-member spouses whose marriages are either in community of property or out of community of property with the application for the accrual system, continue to be frustrated by […]

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Retirement benefit payments used for child maintenance

By Clement Marumoagae Child maintenance is a common law duty entrusted on each parent in line with their relative means and circumstances and the needs of the child from time […]

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