Life partner awarded pension

THE former life partner of a man killed in a car accident has won her battle against Absa Pension Fund, which had allocated his entire death benefit worth more R1 million to his mother.

This was despite the fact that the complainant identified as JT Damoense was a 50% beneficiary on the man’s nomination form.

Muvhango Lukhaimane, from the office of the Pension Funds Adjudicator (PFA), ruled in Damoense’s favour, finding that the fund did not take the wishes of the deceased, identified as LB Mantjiu, into consideration when allocating the benefit solely to his 75-yearold mother.

Lukhaimane ordered Absa Pension Fund to re-exercise its discretion in terms of section 37C of the Pension Funds Act and consider Damoense’s request to be allocated a share of the benefit.

She was Mantjiu’s former life partner, a member of the Absa Pension Fund, administered by Absa Consultants and Actuaries.

Mantjiu was killed in a car accident on March 4, 2017, together with their minor son.

Following his death, R1 065 480 became available for distribution to his beneficiaries and dependants, the adjudicator said.

“The complainant submitted she is a nominee in the deceased’s beneficiary nomination form and as such she should have been considered by the fund,” added the PFA.

“The complainant said that despite the fund’s submission that it considered all the relevant factors in deciding to exclude her, it failed to consider the fact that Ms Mantjiu was 75 years of age and received an old age grant from the state, which satisfied all her maintenance needs.”

According to the PFA, Damoense also added that the needs and extent of his mother’s dependency on him and whether or not Mantjiu was the only one financially supporting her were not considered by the board.

“She asked what socio-economic difficulty would have befallen Ms Mantjiu if she was allocated 50% of the death benefit as set out in the beneficiary nomination form,” the PFA said.

The complainant submitted the pension fund failed to consider the fact that the mother got an old-age grant from the state

However, the board added that during its investigation, it established that the mother was financially dependent on him for maintenance prior to his death and was nominated to receive 50% of the death benefit in his beneficiary nomination form.

While Damoense was in a life partnership with Mantjiu when he signed the beneficiary form, they had broken up and he was only paying maintenance for his son.

In her determination, Lukhaimane said in principle a member was legally liable for the maintenance of a spouse and children as they relied on the member for the necessities of life.

In the case of factual dependants, where there is no duty of support, a person might still be a dependant if the deceased in some way contributed to the maintenance of that person.

“The board should have considered the complainant on the basis that she was a nominee.

“The complainant did not have to prove that she was financially dependent on the deceased for her to be considered,” she said.

“The mere status of being a nominee compelled the fund to consider her situation together with the totality of other relevant factors,” added Lukhaimane.

Absa did not respond by the time of deadline.