If something goes wrong with pension fund savings, such as delayed payments or incorrect calculations, the Pension Funds Adjudicator can help resolve these disputes for free.

During the 2024/2025 financial year, the Pension Funds Adjudicator received 10,331 new complaints (9177 in the previous year) and disposed of a total of 10,100 complaints.

New Pension Funds Adjudicator, Lebogang Mogashoa, urged every member of a pension fund to be aware of the existence of the Adjudicator’s office, as well as how and when to lodge a complaint if something goes wrong.

The Pension Funds Adjudicator (PFA) is an independent authority established by law in South Africa to investigate complaints of maladministration and unlawful conduct in the management of pension funds.

“The PFA provides a trusted avenue for pension fund members, employers, and trustees to resolve disputes quickly and effectively. The PFA’s decisions carry the same weight as a court judgment, which means they are binding and enforceable,” Mogashoa explained.

He said turning to the PFA, you avoid the high costs and lengthy delays of court proceedings and gaining access to justice that is both accessible and efficient.

In explaining what counts as a complaint, he stressed that anyone can complain to the PFA if their issue is about the administration of a pension fund.

Examples of complaints include when your pension benefit is not paid, or it is unnecessarily delayed, or when the amount you received is calculated incorrectly.

The Adjudicator will also entertain complaints where an employer is not paying contributions into the fund or where trustees are not managing the fund properly or communicating clearly. Issues such as where the fund has made a decision outside its powers can also be referred to the Adjudicator.

“You cannot complain about matters outside pension funds (like medical aid) or matters already decided by a court,” Mogashoa said.

He encouraged aggrieved pension fund beneficiaries to first raise the issues directly with their pension fund or employer.

“If they do not resolve the matter to your satisfaction within 30 days, you can go to the PFA. Disputes can often be resolved amicably among the parties without getting the Adjudicator involved at all. In fact, the Pension Funds Act encourages this”.

In preparing a complaint, people must submit their details, that of their pension fund, as well as an explanation regarding the complaint. Proof, such as payslips and fund statements, must also be attached.

Lodging a complaint is free. The PFA will contact the fund, employer, and others involved.

The PFA may contact a complainant for more information after receiving a response from the fund. Based on all the facts at its disposal, the PFA will issue a written decision that is legally binding, Mogashoa explained.

Depending on the complexity of a complaint, cooperation of all parties involved, and no delays, the estimated time for resolution of a complaint could be between one to six months.

Any party who feels that the determination is not in accordance with the law can approach the Financial Services Tribunal or the High Court with a formal application to have the determination reviewed.

“The Pension Funds Adjudicator is there to protect your rights as a pension fund member. If you ever face problems with your pension, knowing how to complain and what counts as a valid complaint ensures you do not lose out on the benefits that you have worked hard for,” Mogashoa said.

zelda.venter@inl.co.za

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