Pension Funds Second Amendment Act, 2001

Act 39 of 2001

Pension Funds Second Amendment Act, 2001

Citation: Act 39 of 2001
Date: 5 December 2001
Language: English
Type: Act

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History of this document

07 December 2001

Commenced by Pension Funds Second Amendment Act, 2001: Commencement

05 December 2001 this version

Published in Government Gazette 22891

29 November 2001

Assented to

Cited documents 0

Documents citing this one 13

Judgment

Moor and Another v Tongaat-Hulett Pension Fund and Others (518 of 2017) [2018] ZASCA 83 (31 May 2018)

Tellumat (Pty) Ltd v Appeal Board of the Financial Services Board (221/2015) [2015] ZASCA 202 (2 December 2015)

Vrystaatse Munisipale Pensioenfonds v The Minister of Finance and Another (1161/2018) [2020] ZASCA 143 (2 November 2020)

Whether regulation promulgated by Minister, in terms of which a board
of a pension fund is obliged to place calculable enhancements due to former members who cannot be traced in a contingency reserve fund from which it cannot be released, except as payment to such members or as a result of crediting the Guardian’s Fund or some other fund, is beyond the Minister’s power and not in accordance with the
Pension Funds Act 24 of 1956 – Minister arrogating power at odds with the Act – against the principle of legality.

Edcon Pension Fund v Financial Services Board of Appeal and Another (349/2007) [2008] ZASCA 65 (29 May 2008)

Free State Municipal Pension Fund v Minister of Finance and Others (67954/2015) [2018] ZAGPPHC 369 (6 June 2018)

Review of Regulations issued 12 years earlier. Delay in launching application for review may be a bar to such application. A delay may be condoned or the time limits varied if it is in the interests of justice to do so.
In such cases, the requirements for the interests of justice to be served, need to be complied with fully.

Hortors Pension Fund v Financial Sector Conduct Authority and Another (54/2020) [2020] ZASCA 141 (2 November 2020)

Whether regulation promulgated by Minister, in terms of which a board
of a pension fund is obliged to place calculable enhancements due to former members who cannot be traced in a contingency reserve fund from which it cannot be released, except as payment to such members or as a result of crediting the Guardian’s Fund or some other fund, is beyond the Minister’s power and not in accordance with the Pension Funds Act 24 of 1956 – Minister arrogating power at odds with the
Act – against the principle of legality.

Registrar of Pension Funds v British American Tobacco Pension Fund and Others (664 of 2015) [2016] ZASCA 130 (28 September 2016)

Southern Sun Group Retirement Fund v The Registrar of Pension Funds and Others (215/2019) [2020] ZASCA 142 (2 November 2020)

Whether regulation promulgated by Minister, in terms of which a board
of a pension fund is obliged to place calculable enhancements due to former members who cannot be traced in a contingency reserve fund from which it cannot be released, except as payment to such members or as a result of crediting the Guardian’s Fund or some other fund, is beyond the Minister’s power and not in accordance with the Pension Funds Act 24 of 1956 – Minister arrogating power at odds with the Act – against the principle of legality.