Members of the African Oxygen Pension Fund, who don't want to miss out on a possible share of R45-million of surplus in the fund, must speak up.
John Murphy, the Pension Funds Adjudicator, has ordered the fund to consult all members, including pensioners, in a matter concerning the distribution of a large chunk of the surplus.
Murphy made the preliminary ruling after a retired member of the fund, Christopher Adams, complained to him about the distribution of part of a surplus in the African Oxygen Pension Fund.
Adams challenged the distribution of surplus assets,worth almost R45 million to certain members of the fund only - those who received car allowances - saying that it was unfair to those who did not receive the allowances.
Adams was employed by African Oxygen for his entire working career until his retirement in June 1995.
As from November 1997, African Oxygen, with the knowledge of the trustees of the pension fund, decided to include car allowances under the definition of pensionable emoluments with the effect that only those who received car allowances during their working careers, were entitled to an improved pension benefit.
The improved benefit which totalled R44.8 million was funded from the surplus.
Naleen Jeram, one of the investigators at the adjudicator's office, says the problem is that only about 460 out of 3 200 members have car allowances or had car allowances while they were working at African Oxygen. These 460 members have a substantial interest in the matter and have not been included as parties to these proceedings. Similarly the members who currently do not enjoy the benefit of a car allowance also have an interest in the matter.
The company has submitted a detailed response to the allegations made by Adams.
But, Murphy has declined to rule on the matter until everybody who may be affected by his decision has been included in the proceedings.
He says in the interests of fairness no decision or order should be made without all the other members being represented.
He has ordered the African Oxygen Pension Fund to include all members, both present and retired members of the fund in the matter. This includes members who currently receive or did receive car allowances as well as those who do not or did not receive car allowances.
Members of the fund should be contacted by the African Oxygen Pension Fund who will inform them how they can get their views to the adjudicator.