Pension and Provident Funds


By 29/08/2009 No Comments

Are you entitled to a portion of your Ex-spouses pension fund in terms of a divorce order.

With effect from 13 September 2007 the Pension Fund Act was amended entitling the non-member spouse to payment of the benefits within 60 (sixty) days of the claim being made.

In a land mark decision the Pension Funds Adjudicator ruled that the amendments applied to divorces prior to the 13th of September 2007.

Far from being the last word on the matter it appears that the industry giants intend to challenge the ruling.

The National Treasury has indicated that the amendments should be applied retrospectively and if necessary the act will be amended to guarantee this provision.

Ian Mc Laren

Ian Mc Laren

Ian McLaren BA LLB (WITS) General Educated St Johns College, Houghton. BA LLB University of the Witwatersrand 1984 Founded McLarens Attorneys September 1986. Right of Appearance High Court, October 1996. Expertise Litigation, Labour Law, Commercial Law, Family Law, Pension and Provident Funds, Customs and Excise, Wills, Deceased Estates, Trusts, Commercial Agreements, Reviewing and Drafting Government Legislation, Information Technology. Committees/ Trusts Law Society of South Africa Information Technology Committee. Trustee Verney College Educational Trust Other Transvaal Provincial colours for Practical Shooting. Third degree Black Belt JKS Karate. Photographer and motor cyclist Lectured for Continuing Legal Education on Information Technology issues.