Disputes involving retirement funds that were established in terms of agreements between trade unions and employers must be taken to the relevant bargaining council, and not to the Pension Funds Adjudicator.
The office of the Pension Funds Adjudicator was established in terms of the Pension Funds Act, and the adjudicator may only deal with disputes involving retirement funds that fall within the ambit of this Act.
The Act specifically excludes retirement funds that fall under bargaining councils.
Bargaining councils are statutory bodies that are established by registered trade unions and employer organisations, and fall under the Labour Relations Act. The main functions of bargaining councils are to negotiate collective agreements, regulate terms and conditions of employment and resolve disputes.
A recent ruling in a complaint submitted to the Pension Funds Adjudicator has laid to rest the belief that the adjudicator can help people with disputes involving retirement funds that fall under bargaining councils. The complaint was from a member of a retirement fund that fell under a bargaining council.
Radesh Maharaj, an investigator at the adjudicator's office, says it is in the public interest that disputes involving bargaining council retirement funds are resolved according to their internal dispute resolution mechanisms. This principle of self-regulation is in line with international norms, he says, and the right to collective bargaining is protected by the Constitution.
Where bargaining councils have not put dispute resolution processes in place or where such processes are not fully functioning, Maharaj says members must demand that proper dispute resolution measures be put in place. Dispute resolution is guaranteed by the collective bargaining agreement, he says.
- Members of certain other retirement funds are also excluded from asking the Pension Funds Adjudicator to resolve their disputes.
Various state and parastatal funds were established by specific Acts of Parliament. For example, the Post Office Pension Fund was established by the Post Office Act and the Transnet Pension Fund was established by the Transnet Pension Funds Act. The Act that established the fund also lays down the way in which disputes involving the fund must be resolved.
Getting help
If you have a problem with your retirement fund and don't know who to turn to, find out what legislation your fund is governed by. Your employer or your principal officer should be able to tell you.