PENSIONS LAW 

An area of law that involves the registration, incorporation, regulation and dissolution of pension funds in the Republic of South Africa.

Soonder Incorporated supports trustees in meeting their ever-increasing responsibilities by providing practical advice, in an accessible and efficient manner. 

We advise employers and pension fund organisations alike in respect of the laws regulating the employee benefits landscape. We advise and support Pension Fund providers with the management of their services, which input has proved to be beneficial to all our clients. 

In addition to supporting pension fund organisations directly, we provide legal support to the service providers in the Retirement Fund industry, assisting them to improve and streamline their service offerings in this area.

 

LEGAL ADVICE  

An area of law that involves the registration, incorporation, regulation and dissolution of pension funds in the Republic of South Africa.

We offer specialised legal advice in relation to retirement funds, in respect of:

  • regulatory compliance;
  • the formulation of policy documents, mandates and statements;
  • the legal duties of a board;
  • fund members and communication to members;
  • the rights and obligations of funds in relation to housing loans and guarantees;
  • the distribution of benefits payable on the death of members;
  • the total or partial liquidation of funds;
  • drafting and reviewing of service level agreements, rules, policies and other governance documents;
  • drafting of legal opinions;
  • liaising with the Office of Pension Funds Adjudicator, and the Registrar of Pension Funds;
  • handling of complaints to, and responses from, the Office of the Pension Funds Adjudicator, the long-term insurance ombudsman, the Financial Services Board (FSB), the FSB appeal board;
  • High Court litigation;
  • Labour Court litigation;
  • Our experience also encompasses matters in the Labour Appeal Court, the Supreme Court of Appeal and the Constitutional Court of South Africa;
  • Acting as Mediators, Arbitrators, Experts and Board members.

 

 INDEPENDENT TRUSTEES & PRINCIPAL OFFICER 

Our team consists of qualified lawyers and experts, all with the requisite experience and knowledge of the operation of retirement fund schemes, and are uniquely placed to assist with the everyday challenges facing the role players in the industry. We are suitably qualified to serve positions as Independent Trustees or Principal Officers of Trustee Boards.

TRUSTEE TRAINING 

There is a strong need for training and education of pension fund trustees and principal officers. Our continuous training and education programme ensures that pension fund fiduciaries are orientated and upskilled on the changes to current legislation in respect to the retirement fund industry and on the operations and obligations of their fund. Our training programmes include:

  • Fiduciary duties of trustees;
  • Governance of retirement funds with specific reference to the Pension Funds Act, PF 130 and King IV;
  • Laws which the fund is required to be familiar with;
  • Risk management for retirement fund boards;
  • Fund investments;
  • Section 37C death benefit distributions;
  • Divorce (pension interest) and maintenance benefits;
  • Disability benefits;
  • Tailor-made courses to meet specific client requirements.

We offer simple, effective and easy to understand communication to the fund, its members and beneficiaries on all matters pertaining to regulatory updates and fund specific development. We can create a bespoke programme for you.

 

OTHER PENSIONS RELATED SERVICES  

  • Liquidations 
  • S13A Collections