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South Africa decisions
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Papu v Government for Employees Pension Fund (3676/2021) [2024] ZAECQBHC 17 (5 March 2024)
The High Court reviewed and set aside the pension fund’s failure to correct records, holding it acted unlawfully and unfairly by ignoring contradictory service-date documents.
De Wet v Government Employee Pension Fund (5821/05) [2008] ZAGPHC 417 (7 August 2008)
The court found that the plaintiff's retirement falls squarely within Rule 14.3.1(d) of the Government Employees Pension Fund Rules, as he retired before his pension-retirement date but not before attaining the age of 55, and exercised a statutory right to retire under the Educators Employment Act. The specific provisions of sub-rule (d) apply to his situation, and his benefits are subject to reduction by the early retirement adjustment factor as prescribed in Rule 14.3.3(b). The court rejected the argument that both sub-rules (b) and (d) could apply, holding that the specific rule must be gi…
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