What Are My Rights?

What Are My Rights

What Are My Rights?

  • All employees are entitled to an annual benefit statement from their provident fund.
  • A provident fund pays benefits in cash at retirement, whereas a pension fund pays a third of benefits at retirement, with the rest paid throughout the lifetime of each member.
  • An employee and his or her employer must both complete a withdrawal form in order to claim benefits.
  • If a pension or provident fund member dies, the death benefit is paid to his or her financial dependants, such as a spouse and/or children or beneficiaries.
  • By law employers must pay across contributions deducted from employees to the provident fund on a monthly basis. When contributions to the Fund are outstanding for 60 days, members of the Fund will be notified via SMS. After 90 days the employer is reported to the Financial Services Board and a criminal case is made at the SAPS. Employers are also required to pay late interest on the contributions paid late to the Fund.
  • Though still required to contribute to the fund, for the most part employers cannot take deductions from employees who are on unpaid leave.
  • A member has the right to lodge a complaint with the Pensions Funds Adjudicator (PFA) if an employer deducts contributions but doesn’t pay the monies over to the fund or to the administrator of the fund. In these cases, prior to lodging a complaint at the PFA, you are requested to submit a complaint to This email address is being protected from spambots. You need JavaScript enabled to view it. to assist in resolving the complaint.
  • A claim can be made against a fund member for maintenance owed and for future maintenance which will become payable by a member in terms of a maintenance order.
  • If an employer wishes to move members to another provident fund – the employer must first consult with members and allow members to vote on the matter. The employer must provide a benefit comparison of the two funds. Where an employer does not achieve a 75% approval from members, they cannot move members to another fund.

PLEASE NOTE: Transfers of the Transport Sector Retirement Fund (TSRF) members to other funds will only be considered where the transfer is:

  • Fair and equitable.
  • Members’ rights are protected.
  • Members’ reasonable benefit expectations in terms of the rules of the fund, and any additional benefits are met.

Please refer to Section 14 of the Pension Funds Act for more information on fund transfers.

 

Internal Complaints Procedure

Internal Complaints Procedure

Always direct all your queries/complaints to the Fund/Administrator first.

The Fund and the Administrator takes your complaints and concerns seriously and it is therefore important that you share your experiences or complaints with us.

Before referring your query or complaint to any institution (FSCA, Pension Funds Adjudicator, Lawyers or Legalwise, etc.), submit your query to the Fund/Administrator for speedy resolution at NO COST to you.

The Fund/Administrator has a 30 day window period to respond to or resolve your complaint.

If your complaint is not resolved by the Fund within 30 working days you may THEN escalate your complaint to the Pension Funds Adjudicator.

What the Fund/Administrator will do?

In line with TCF (Treating Customers Fairly) principles, we will do everything in our power to resolve a complaint timeously and to your satisfaction. Some complaints are more complex and may take longer to resolve.

Once your complaint is resolved, the Fund/Administrator will provide you with feedback.

How to lodge a complaint: 

Should you wish to lodge a formal complaint, you may do so by sending an email toThis email address is being protected from spambots. You need JavaScript enabled to view it.

Remember that your complaint should include the following information:

  • Your full name and contact information. 
  • Identity Document (ID) of the complainant and/or member belonging to the Fund.
  • Member Benefit Statement.
  • Payslip or any other letter from Employer.
  • Divorce Order with Settlement Agreement (if applicable).
  • A Copy of Disability finding/report (if applicable).
  • Copy of the member’s Death Certificate (if applicable).
  • Exact details of the complaint.
  • Any other information relevant to your complaint.
  • What outcome you expect

If your complaint is not resolved by the Fund within 30 working days you may THEN contact the Pension Funds Adjudicator.

 

Pension Fund Adjudicator

What Can the Pension Fund Adjudicator Do?

Should you lodge a complaint with the office of the Pension Funds Adjudicator they will enquire from the complainant whether the complaint has been lodged with the Fund/Administrator and whether a period of 30 days has since lapsed.  If not the office of the PFA will direct the complaint back to the Fund and/or the Administrator.   

Once you have received a determination for enforcement from the PFA please contact the Fund/Administrator rather than approaching Legal Wise or a lawyer - the Fund will assist you at NO COST to you.

Please contact the PFA on:

Tel: 012 346 1738
Fax: 086 693 7472
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.