PENSION FUNDS ACT: RETAIL FUNDS EXEMPTION (AMALGAMATIONS & TRANSFERS)

The Financial Sector Conduct Authority (FSCA) has issued a notice exempting retail funds from sub-section 14(1) of the 1956 Pension Funds Act in the context of amalgamations and transfers. This follows the release of a draft exemption in April 2025 for public comment – with the input received summarised in an accompanying comments matrix. The draft document itself can be found in an SA Legal Academy report published at the time, to which a link is provided below.

The Act’s sub-section 14(1) prescribes the minimum benefits payable to a member in specific circumstances.

According to an FSCA communication on the exemption, it:

  • is ‘conditional’ in that it does not to exclude these types of transfers completely from the section 14 application process
  • nevertheless provides ‘some regulatory lenience’, and
  • ‘still accounts for the protection of members’.

Please click the links below for more information:

Published by SA Legal Academy Policy Watch

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