DOC-20190117-WA0009.pdf - IN THE TRIBUNAL OF THE PENSION...

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IN THE TRIBUNAL OF THE PENSION FUNDS ADJUDICATOR CASE NO.: PFA/ KZN/471/2000/CN In the complaint between: George A. Alder Complainant and Anglo American Group Pension Fund First Respondent Mondi Forests Group Limited Second Respondent PRELIMINARY DETERMINATION IN TERMS OF SECTION 30M OF THE PENSION FUNDS ACT OF 1956 1. This is a complaint in terms of Section 30A (3) of the Pension Funds Act of 1956, which concerns three issues, namely the maladministration of the fund by the employer, through its delay in resolving an issue involving the transfer value of the complainant from a previous fund; a dispute of fact in relation to the fund, between the complainant and the employer regarding deductions made from a monthly pension in respect of medical aid contributions; and maladministration of the fund by the fund through its issuing of different retirement benefit quotes. 2. No hearing has been held. In coming to a decision, I have had regard to the documentary evidence compiled in the course of this investigation by my Assistant Adjudicator, Cikizwa Nkuhlu and the submissions made by the parties. 3. The complainant is George Alfred Alder, an adult male residing at Ballito, in the
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- Page 2 - KwaZulu-Natal province. 4. The first respondent is the Anglo American Group Pension Fund, a pension fund duly registered in terms of the Pension Funds Act (“the fund”). 5. The second respondent is Mondi Forests Group Limited (“the employer”), a company duly registered in terms of the Company laws of the Republic of South Africa. 6. The complainant became a member of the first respondent after the merger, during October 1989, of the St Lucia Sugar Farms (Pty) Limited Part of the Anglo American Group Pension Fund with the Mondi Part of the Anglo American Group Pension Fund. On 30 April 1999, the complainant elected to go on early retirement, rather than on ill-health retirement, so that he could remain a member of the employer’s medical aid fund. 7. Prior to submitting the termination forms, the complainant had received three different quotes from the fund, dated 18 December 1998, 22 October 1999, and 5 November 1999, respectively. 8. As he was still involved in negotiations with the employer over his contributions to the St Lucia Sugar Farms (Pty) Ltd Pension Fund, he could not at that stage accept the quote dated 18 December 1998. 9. He subsequently accepted the quote dated 22 October 1999, which provided inter alia that should he go on early retirement, he would receive a tax-free lump sum of R84 000-00, and a monthly pension of R2 617-57. Unfortunately, his acceptance did not reach the fund, as his letter of acceptance was mislaid at his employer’s Human Resources Section. 10. In his acceptance letter, he included a clause reserving his right to continue
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- Page 3 - discussions and negotiations on the St Lucia pension issue. The outstanding issues relating to the St Lucia Pension Fund seem to have been finally resolved after the complainant had posted his letter of acceptance of the 22 October 1999 quote. Together with the letter of acceptance, the complainant included a
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