Fundsatwork Umbrella Pension Fund v Guarnieri and Others (830/2018) [2019] ZASCA 78 (31 May 2019)

Distribution of pension benefit on death of member of fund –
s 37C(1)(a) of the Pension Funds Act 24 of 1956 (PFA) – meaning of
dependant in terms of definition in s 1 of the PFA – when such
dependants are to be identified for the purpose of making a distribution
under that section – such to be at the date of distribution not the date of
death of the member – accordingly dependants do not include a person who died before the distribution was made – distribution to such person
contrary to statutory scheme and not a distribution of member’s pension
benefit – fund obliged to distribute the outstanding balance to the
member’s dependants.