SOUTH AFRICAN PENSIONS

 PROVISION OF RETIREMENT BENEFITS TODAY

STATE BENEFITS

 

There is little traditionally supplied by the State , though the Government have promised change and in the February 2002 Budget , State pensions ( for these eligible) were increased around 14% from 500R pm to 580R. (£35.00 ) Means testing ensures only the poorest registered persons get a pension.

 

PRIVATE PROVISION

 

Pension Funds v Provident Funds : Provident Funds are more common and contributions are not tax deductible but the entire benefit may be commuted for a cash lump sum.

 

DB Occupational Funds : Traditional for major Corporations and provide very similar benefits to a comparable UK fund. See Pension Funds Act 1956.

 

New Legislation, 2000 Act, operational late 2001.

 

1. Complete Change and need to examine all transfers out since 1980.

 

2. Independent Actuary to certify correct or incorrect payments.

 

3. Trustees to supervise investigations and be liable if default. Few have protection.

 

4. Early Retirement and redundancy ( retrenchment) to be examined for short payments. 5. Special Enhancements to be scrutinised.

 

6. Investments to be scrutinised to ensure compliance.

 

Shock and horror for Employers and Trustees as the 1980 roll-back generally unworkable.

 

Many Employers decide that DB has a limited future but cannot close or wind-up Funds until the investigations are complete and compliance certified. Luckily most Funds are in surplus and the Government acted very fast ( retrospective from initial announcement ) to prevent assets disappearing.

 

Currently enforcement of the legislation is proving difficult.

Graham Chrystie, Thomas Eggar, 6/02.

 

  • (Thomas Eggar is a London firm of solicitors)


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