The effective date for the implementation of the default regulations to the Pension Funds Act, 1 March 2019, is around the corner and retirement funds are scrambling to ensure that they will be compliant by that date (and those that aren’t, should be!).
Several new regulations to the Pension Funds Act became law in August 2017. These “default” regulations have far reaching implications for all funds.
The final version of the Default Regulations to the Pension Funds Act, 1956, was signed into law by the Minister of Finance on 25 August 2017 and came into effect on 1 September 2017. The media statement issued by National Treasury together with the regulations explained that the regulations are “meant to improve the outcomes for members of retirement funds by ensuring that they get good value for their savings and retire comfortably”.
Case Review of a matter that provided clarity regarding payments from retirement funds into third party bank accounts
The Pension Funds Act provides for employers to recover compensation for damages caused by the misconduct of an employee. There have been significant developments in relation to these deductions.
Following virulent opposition to the changes by the trade unions and increasingly widespread speculation regarding the implementation of the changes, the Ministry of Finance has now announced proposals for the delay of the annuitisation requirements for provident funds.
The removal of a few words in the latest version of the Taxation Laws Amendment Bill, 2015, appears to have rectified a loophole contained in an earlier version of the Bill that would have resulted in a notable reduction in an employee's take-home pay if they belonged to a retirement fund.
The Pension Funds Adjudicator recently determined that a retirement fund might potentially pay a share of a member's benefit to the member's former spouse on the dissolution of their Islamic marriage.
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