PENSION LAW ARTICLES
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Understanding the Pension Funds Amendment Act 31 of 2024: Key Changes and Divorce Implications
The Pension Funds Amendment Act 31 of 2024 (PFAA) introduces crucial changes to pension funds in South Africa, particularly affecting how pension interests are handled
Understanding the Withholding of Pension Benefits
Introduction to the Pension Funds Act: The Pension Funds Act plays a crucial role in safeguarding pension benefits, aiming to prevent individuals from relying solely
Application by an ex-wife to claim a pension benefit from her ex-husband’s pension fund
In the case of C.N.N V N.N (2021-11607) [2023] ZAGPJHC 208 the Johannesburg High Court refused to vary a divorce order to allow her to
When can an employer ask pension fund administrators to withhold an employee’s pension benefits?
Section 37D(1)(b)(ii) of the Pension Funds Act (PFA) provides that a retirement fund may deduct any amount due by a member to their employer for
Can the trustees of a pension fund ignore the wishes of a member as recorded in the member’s nomination form?
The court dealt with this question in Ndwandwe v Trustees of Transnet Retirement Fund and Others [2023] ZAKZDHC 8 (22 February 2023) The conclusion was that
Can an unmarried mom claim maintenance from the father’s pension?
A client asked: I would like some advice please. My partner and I were living together for 5 to 6 years then broke up in
Must a pension fund give effect to the wishes of the deceased?
The issue before the court was who a pension fund must pay the death benefits to. In a beneficiary nomination form, the deceased nominated only
Can I exclude my pension benefits from an ANC with accrual?
A client asked me: Can parties exclude from the operation of the accrual, the one party’s entitlement to share in the pension or provident benefits
Party married according to Islamic law entitled to share of spouse’s pension
The Office of the Pension Funds Adjudicator has reiterated it will not discriminate against parties married under the terms of Islamic law. This position was
“Divorce” of cohabitees: Can pension benefits be shared?
There is no law that deems a member’s pension assets to be transferred into a partnership and be available as a partnership asset to be
The Payment of a Divorce Benefit from a Pension
This article deals with the various time limits that are involved in regard to the request for payment, and the time that is allowed to
Pension Funds and Divorces – The “clean break” principle
Until the 2007 amendment to the Pension Funds Act, if the court ordered one party a share of the other party’s pension fund, provident fund