The Pension Funds Adjudicator can help with any problems you experience with your pension fund free of charge.
Few consumers knew about the existence of the Pension Funds Adjudicator before the two-pot retirement system was implemented. But when they started having problems and complaints, they were quickly pointed in the direction of the Adjudicator’s office.
The office now also has a new person in the hot seat of Pension Funds Adjudicator: Lebogang Mogashoa, who brings 17 years of extensive experience in pension fund law, governance, management and fund administration.
Mogashoa says your pension savings are critical for your financial future.
“If something goes wrong with your pension fund, such as delayed payments or incorrect calculations, the Pension Funds Adjudicator can help resolve disputes.”
During the 2024/5 financial year, the Pension Funds Adjudicator received 10 331 new complaints (9 177 in the previous year) and disposed of 10 100.
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New Adjudicator wants to create more awareness of his office
Mogashoa, who is also an admitted advocate of the High Court, says he wants to start off his tenure by ensuring that every member of a pension fund must be aware of the existence of the Adjudicator’s office, as well as how and when to lodge a complaint if something goes wrong.
“The Pension Funds Adjudicator is an independent authority established by law in South Africa to investigate complaints of maladministration and unlawful conduct in the management of pension funds.
“We provide a trusted avenue for pension fund members, employers and trustees to resolve disputes quickly and effectively. It is important for consumers to know that our decisions carry the same weight as a court judgment, which means they are binding and enforceable.”
In addition, he says, his office can help you to avoid the high costs and lengthy delays of court proceedings and gain access to justice that is both accessible and efficient.
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What counts as a complaint?
You can lodge a complaint with the Adjudicator’s office if your issue is about the administration of a pension fund, such as:
- Your employer does not pay your pension benefit, or it is unnecessarily delayed.
- The amount you received is calculated incorrectly.
- Your employer is not paying contributions into the fund.
- Trustees are not managing the fund properly or communicating clearly.
- The fund has made a decision outside its powers.
However, Mogashoa points out that you cannot complain about matters outside pension funds, such as medical aid or pension matters already decided by a court.
When should you complain?
Firstly, Mogashoa says, consumers are encouraged to raise the issue directly with their pension funds or employers. If they do not resolve the matter to your satisfaction within 30 days, you can direct your complaint to the Adjudicator.
“Disputes can often be resolved amicably among the parties without getting the Adjudicator involved at all.
“In fact, the Pension Funds Act encourages this, and therefore it is important that you first discuss your complaint with your employer and the fund, perhaps through the fund administrator, to see if they can help you resolve the problem.”
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What must be in your complaint?
- Your details, such as your name, ID and contact info.
- Your pension fund details, such as the fund name and your membership number.
- Explain clearly what the problem is and what assistance you require from the Adjudicator. State what happened and why you feel that what happened amounts to maladministration, excess of powers, a dispute of law or fact, or dereliction of duty on behalf of the employer.
- Also attach proof, such as your payslips, fund statements, or letters.
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How to submit your complaint
You can lodge a complaint with the Adjudicator online, by email, fax, post, or by visiting the office. Lodging a complaint is free.
Mogashoa says his office will contact the fund, the employer and other people involved. The office could also contact you for more information after receiving a response from the fund or employer. Based on all the facts at its disposal, the office of the Adjudicator will issue a written decision that is legally binding.
“Depending on the complexity of a complaint, cooperation of all parties involved and no delays, the estimated time for resolution of a complaint could be between one and six months.”
If you feel that the determination is not in line with the law, you can approach the Financial Services Tribunal or the High Court with a formal application to have the determination reviewed.
Mogashoa says the Pension Funds Adjudicator is there to protect your rights as a pension fund member.
“If you ever face problems with your pension, knowing how to complain and what counts as a valid complaint ensures you do not lose out on the benefits that you worked hard for.”
You can contact the office of the Pension Funds Adjudicator for general enquiries or to lodge a complaint by visiting the website at www.pfa.org.za, or you can call the office on 012 346 1738 or send an email to [email protected].
