We advise our clients on all legal and governance issues relating to retirement funds and post-retirement medical schemes, including those set out below.  We also provide independent trusteeship services to retirement funds.

Areas of expertise

- Drafting opinions on complex legal issues, such as:

  • The extent of trustees’ duties
  • Employer contribution obligations
  • The extent of the requirement to pay pension increases
  • The applicability of the surplus legislation
  • Taxation of pension fund benefits

 

  • Disputes, including matters before the High Court, complaints before the Pension Funds Adjudicator, arbitrations and appeals against decisions of the Registrar of Pension Funds;
  • Advising on all aspects of discrete projects, such as pensioner outsourcings and proposals to change pension fund benefits or to move members to a different retirement fund;
  • Drafting pension fund rules and amendments;
  • Drafting, reviewing and/or negotiating investment agreements and policies and agreements with service providers;
  • Advising on pensions issues in the context of commercial transactions.

Why Instruct Us

  • We are South Africa’s leading specialists in pension fund law and have unparalleled experience in the field of pension fund law;
  • We have performed the role of independent trustee for pension funds and are therefore able to view issues from a broader trustee perspective, rather than a narrow legal focus;
  • We have an excellent working relationship with regulatory authorities (FSCA, SARS) and fund intermediaries (actuaries, consultants etc);
  • Our advice is informed by our international outreach and perspective, in particular:

- We have advised clients in Zambia, Swaziland, Namibia, Lesotho and Botswana; 

- We are actively involved in the International Pensions and Employee Benefits Lawyers Association (IPEBLA);

- We are a small firm and therefore offer you a personal service and can be flexible in our approach.