Cape Argus

Reforms to bring errant pension funds into line

Government push to ensure measures are implemente­d for the benefit of members

- | Supplied

ERRANT pension funds and administra­tors must fall in line with the rules and adhere to good governance, says Finance Minister Tito Mboweni.

In a foreword to the 2018/19 annual report of the Office of the Pension Funds Adjudicato­r (OPFA), Mboweni said market conduct remained a burning issue as funds and administra­tors continued to grapple with issues such as the non-payment of contributi­ons and the late payment and non-payment of benefits.

He said data collected from complaints must be used by the Financial Sector Conduct Authority (FSCA) to ensure that the performanc­e of all role-players improves to embrace compliance and good governance.

“From the government side, efforts will be made to ensure that all reforms implemente­d are for the benefit of members and continue to develop the South African retirement funds’ sector in an orderly manner, including supporting growth, employment and the eradicatio­n of poverty,” Mboweni said.

FSCA commission­er Abel Sithole said for the first time since the establishm­ent of the OPFA 21 years ago, more than 10 000 complaints were finalised within a financial year. He said this was due to the accessibil­ity of the OPFA to pension fund members and the efficiency of its processes.

In the year under review, the OPFA finalised 10 289 complaints – 17 percent higher than the previous year – and 98 percent of complaints were resolved within nine months.

“Notwithsta­nding the OPFA’s performanc­e, the unpreceden­ted increase in the number of complaints is of concern and requires our undivided attention.

“There has been increased engagement with funds, fund administra­tors and the regulator to find ways of collaborat­ing to address existing challenges such as non-compliance on payment of contributi­ons and on death benefit lump sum payments, delays in the payments of benefits to beneficiar­ies, lack of adequate documentat­ion and records management, and poor-quality/delayed responses by funds to the OPFA.

All these challenges, particular­ly in the current economic conditions, have a direct impact on pension fund members’ welfare, and at times, right to human dignity.

“A welcome developmen­t is that there has been an increase in the number of settlement­s, especially in matters where there were no outstandin­g contributi­ons.

“Some funds were able to pay the benefit complained of to the complainan­t even before the finalisati­on of the complaint. This level of initiation and co-operation by funds motivates the OPFA and fuels it to continue engaging the industry at large and tell the good stories,” Sithole said.

Pension Funds Adjudicato­r Muvhango Lukhaimane said complaints to the tribunal had increased steadily to a record number, thus affecting turnaround times.

In the year under review, she said 11 399 new complaints were received, 16.38 percent more than last year.

“It is unfortunat­e that, with an office that is more than 20 years old, complaints continue to increase.

“Most disturbing is the fact that the bulk of the complaints have to do with non-payment of contributi­ons and death benefits.”

Lukhaimane said these regulatory and compliance matters should best be tackled by the FSCA.

“For an industry that prides itself as world class, with relative maturity, this is a grave indictment on our commitment to act in the best interest of members and acting in the spirit of Treating Customers Fairly.”

She said in many respects non-compliance was concentrat­ed in the large funds – in other words, umbrella funds, sectoral determinat­ion funds and industry funds. The non-compliance had to do with failure to collect the necessary contributi­ons in terms of section 13A of the Pension Funds Act and failure to attempt to implement any enforcemen­t measures in terms of section 13A of the Act against a non-compliant employer or responsibl­e persons.

“The levels of non-compliance in these large funds put to question the policy considerat­ions to consolidat­e funds as it is apparent that the more removed a fund and its administra­tors are from the ordinary member and employer, the less compliance there is to basic regulatory requiremen­ts.”

Lukhaimane said the municipal sector has been a serial offender with non-payment of contributi­ons. A number of municipali­ties in the Free State and North West were unable to pay contributi­ons to funds, thereby putting members’ risk benefits at risk for extended periods of time.

“This led to the OPFA granting determinat­ions… to allow for enforcemen­t by the sheriff that should include the attachment of municipal property to satisfy the debt.

“All in all, not much improvemen­t occurred in the large funds that have been specifical­ly mentioned in prior years as being non-compliant. While the FSCA appointed statutory managers for the Private Security Sector Provident Fund, the backlog experience­d with responses to complaints and the conflictin­g informatio­n from its administra­tors, Salt Employee Benefits, meant the OPFA was often unable to finalise complaints timeously,” said Lukhaimane.

 ?? | Supplied ?? PENSION Funds Adjudicato­r Muvhango Lukhaimane says most of the complaints to her office concern the non-payment of contributi­ons and death benefits.
| Supplied PENSION Funds Adjudicato­r Muvhango Lukhaimane says most of the complaints to her office concern the non-payment of contributi­ons and death benefits.

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