Browsing PER: Potchefstroom Electronic Law Journal by Subject "Pension Funds Act"
Now showing items 1-5 of 5
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The duty to effect an appropriate mode of payment to minor pension beneficiaries under scrutiny in death claims
(2009)This note focuses on the payment into a trust arrangement in favour of a minor beneficiary as contemplated in terms of section 37C (2) of the Pension Funds Act 24 of 1956. The aim is to examine the criteria under which the ... -
How could the pension funds adjudicator get so wrong? A critique of Smith versus Eskom Pensiion and Provident fund
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In this case note the judgment in the Smith case is criticized for being inconsistent with the landmark ruling in Volks. It is argued that the Adjudicator ought to have remanded the matter in Smith to the Board and ought ... -
Liability to Pay Retirement Benefits when Contributions were not paid to the Retirement Fund
(2017-12-18)This article addresses the conduct of employers who are associated with retirement funds, who have failed to pay their employees' contributions into such retirement funds. In particular, the article responds to the critique ... -
The Rules of an Occupational Retirement Fund and the problem of defaulting employers: a reconsideration of Orion Money Purchase Pension Fund (SA) v Pension Funds Adjudicator
(2016)This paper reflects on the ongoing challenges presented by certain employers who, whilst deducting occupational retirement fund contributions from their employees' salaries, fail to pay over those contributions to the ... -
What should the board of management of a persion fund consider when dealing with death claims involving surviving cohabitants?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This note argues that the Adjudicator’s determination Hlathi should be welcomed by the pension funds industry because it clarifies the uncertain legal position that emerged in the wake of the judgment in Volks. It comments ...
