Specified Offices Defined Contribution Fund v Ts'ehlana (CIV/APN 100 of 14) [2014] LSHC 44 (14 August 2014)

Specified Offices Defined Contribution Fund v Ts'ehlana (CIV/APN 100 of 14) [2014] LSHC 44 (14 August 2014)

The court held that, applying the literal rule of interpretation, the statutes permit a retiree to terminate membership to the pension fund and, upon doing so, to receive the outstanding balance of their fund credit, including the remaining 75%. There is no statutory prohibition against such payment to retirees, and the applicants' interpretation was rejected.

Citation
[2014] LSHC 44
Parties
Applicant: Specified Offices Defined Contribution Fund; Applicant: Public Officers Defined Contribution Pension Fund; Respondent: Lehlohonolo Tsehlana
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 August 2014
Case Number
CIV/APN 100 of 14
Procedural Posture
Originating Motion (ex Parte Notice of Motion) / Judgment
Outcome
Declaratory orders sought by the applicants refused.
Legal Topics
Defined Contribution Pension Funds, Retirement Benefits, Membership Termination, Lump Sum Payments, Annuities
Source Language
English
Pensions Statutory Interpretation Defined Contribution Pension Funds Retirement Benefits Membership Termination Lump Sum Payments Annuities

Case Brief

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Parties

Specified Offices Defined Contribution Fund

Applicant

Public Officers Defined Contribution Pension Fund

Applicant

Lehlohonolo Tsehlana

Respondent

Procedural Posture

Originating Motion (ex Parte Notice of Motion) / Judgment

Legal Issues

  1. 1 Whether a retiree who terminates membership to the pension fund is entitled to receive the remaining 75% of their fund credit as a lump sum under S. 6 and S. 31 of the Specified Offices Defined Contributions Pensions Fund Act No. 19 of 2011 and S. 5 and S. 27 of the Public Officers Defined Contribution Pension Fund Act No. 57 of 2008.

Ratio Decidendi

The court held that, applying the literal rule of interpretation, the statutes permit a retiree to terminate membership to the pension fund and, upon doing so, to receive the outstanding balance of their fund credit, including the remaining 75%. There is no statutory prohibition against such payment to retirees, and the applicants' interpretation was rejected.

Court Disposition

Declaratory orders sought by the applicants refused.

Orders

  • Declaration sought by the 1st Applicant refused.
  • Declaration sought by the 2nd Applicant refused.