Montsioa and Others v eJoburg Retirement Fund and Others (43479/2021)
Montsioa and Others v eJoburg Retirement Fund and Others (43479/2021) [2022] ZAGPJHC 788 (11 October 2022)
The court held that it was empowered under Section 30 of the Pension Funds Act to review and substitute the discretionary allocation of a death benefit by the Board of Trustees where the allocation was irrational or not supported by evidence. The allocation of 15% to the third respondent was not covered by the Act, as the third respondent was neither a spouse nor a dependant and no evidence of dependency was provided. The Trustees contradicted themselves regarding the basis for allocation and failed to justify their decision. The requirements for leave to appeal under Section 17(1)(a)(i) and/…
Source excerpt
- Pension Funds Act
- Death Benefit Allocation
- High Court Jurisdiction
- Discretionary Powers Of Trustees