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Pensions

Cliffe Dekker Hofmeyr is renowned for providing practical and sound legal advice to its clients. Our Pensions Law attorneys carry on this tradition by proposing rapid solutions to difficult problems that, despite the legal uncertainty, meet the requirements of all stakeholders without recourse to costly and time-consuming litigation.

The accelerating reform of the retirement fund industry has posed unprecedented challenges for all who operate in the industry and for those who rely on the services of the industry. Often, the reform has been characterised by poorly-drafted legislation which has created legal uncertainty and retarded the well-intended progress.

The pension fund aspects of corporate transactions are growing in importance and investment issues are of increasing importance to pension schemes.

We represent clients from a wide variety of industry sectors, multinational corporations in all sectors of the economy, financial institutions and national regulatory authorities.

Working closely with colleagues in our Finance and Banking, Corporate and Commercial, and Dispute Resolution: Litigation, Arbitration and Mediation practices, we deliver an all round, client-focused service on a local and international basis.

Our Pensions team is experienced in advising on a wide range of matters involving:

  • Assisting with the design of financial investment products, such as checking regulatory aspects of legislation including: Pension Funds Act, Long Term Insurance Acts, FAIS, FICA, Short Term Insurance, Collective Investment Schemes; and the subsidiary legislation, circulars and directives made under those Acts and Schemes
  • Advising on best practice for retirement funds in light of the new corporate governance structure prescribed by PF 130
  • Restructuring retirement funds as a consequence of mergers and acquisitions
  • The successful conclusion of disputes before surplus apportionment tribunals established in terms of section 15K of the Pension Funds Act Fund restructuring for funds that have been merged
  • Involvement in the retirement fund issues related to the sale of non-core assets by Transnet High-level negotiations on regulatory issues for financial service providers
  • Advising a number of funds and financial institutions on the exacting fiduciary duties of fund trustees and service providers.
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