This article discusses the unfortunate development in South Africa relating to married retirement fund members who are divorcing. It seeks to illustrate that the current legal framework allows these members […]
Read moreThis 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 […]
Read moreThe 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 […]
Read moreSouthern 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 […]
Read moreThe 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 […]
Read moreThis 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 […]
Read moreOn 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, […]
Read moreThe 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 […]
Read moreThe 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 […]
Read moreIn 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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