RETIREMENT
MATTERS COMMITTEE OF THE ACTUARIAL SOCIETY OF
Comments on the Pension Funds Amendment
Bill, 2007
The Retirement Matters Committee of the
Actuarial Society of South Africa has considered the proposed amendments to the
Pension Funds Act as set out in the draft Pension Funds Amendment Bill, 2007.
The Committee had given its comments on the
proposed amendments in November 2006, and is pleased to note that heed has been
paid to many of its comments. The proposed Bill is an improvement on the
earlier draft.
There are some areas that, in our view,
require correction, as follows:
1.
Section 1(c) defines an administrative
penalty. The definition is very wide and we suggest that the term “in terms of Section 37” be added to the
definition, since this is the section that sets out details of the penalties.
2.
Section 1(f)(a) defines a contribution holiday for a defined benefit fund. The wording “the difference between the” and “and the contribution payable by the members” should be deleted.
3.
Section 11(6)(b) covers the date of commencement of “improper uses of surplus”. This should read … the period from the later
of
4.
Section 11(6)(c)(iii) deals with the date of commencement of executive benefits that are demed not
to be “improper uses” of surplus. The
date should read “… has existed in the
fund in its current from since the later of
In our earlier comments we drew the
Registar’s attention to the following, and we do so again in respect of the
Bill:
5.
The Bill continues to use the phrase “improper use of
surplus”, which implies w
6.
The Registrar gives himself the power to reject
Contingency Reserves [definition of Contingency Reserve Account] and actuarial
valuations [15B(9) and (10)]. If the
Registrar rejects a valuation and/or a contingency reserve and the fund becomes
financially unsound as a result of the fund not having the assets that would
otherwise be retained, is the Registrar liable for compensation to the
fund? We advise caution in this
regard. The Committee is of the view
that the valuator, who is bound by the guidelines contained in the relevant
Professional Guidance Notes issued by the Actuarial Society of South Africa
(“ASSA”), is best placed to judge the financial soundness of a fund . We further point out that ASSA is actively
guiding valuators to have their work peer reviewed by an independent actuary
which will assist in ensuring that reserves are appropriate.
7.
The definition of “contribution holiday” does not specify the
method of funding. We suggest that the Projected
Unit Method of funding be specifically stated.
8.
The vexed question of what an “executive” is, is not
addressed in the amendment [15B(6)(a)(i)].
This should be addressed for clarity.
A possible suggestion is that an executive is a person who reports to
the CEO.
ARTHUR ELS
CONVENOR –
RETIREMENT MATTERS COMMITTEE