Legal updates and opinions
News / News
Request for information on the impact of the COVID-19 pandemic on contributions for retirement savings
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney
Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice
The FSCA has previously allowed pension funds to make use of distress rules to alleviate the economic challenges faced by employers and employees due to the COVID-19 pandemic. In the absence of existing distress rules, pension funds were urged to register the necessary rules with the FSCA and to liaise with their policyholders/employers. In line with its supervisory approach, the FSCA has issued a request to pension funds to complete a survey detailing the impact the pandemic has had on financially distressed employers and employees and the related impact it might have on retirement savings.
- Background
On 30 March 2020 the Financial Sector Conduct Authority (the “FSCA“) issued a Communication[1] which encouraged all pension funds to apply the distress rules that they had in place to alleviate the challenges that employers and employees might be facing pursuant to the COVID-19 pandemic, and, where the existing pension fund rules do not provide for distressed companies, to urgently register distress rules with the FCSA (and then apply them as required).[2]
The distress rules referenced by the FSCA included a postponement of contribution payments, a temporary absence from work (with or without pay), a break in service (in instances where employees are not working) as well as a reduction of pensionable service (in respect of employees who are working reduced hours).
- Request for information
As part of its supervisory approach, the FSCA has required[3] (the “Request“) that all pension funds complete the survey attached as Annexure A to the Request.
The aim of the Request is to determine the impact that the COVID-19 pandemic is having on financially distressed employers and employees and the related impact on retirement savings.
- Format of information requested and timeline for submission
All registered funds must complete the survey in Annexure A of the Request[4] and submit it via email to the FSCA at contributionrelief@fsca.co.za by no later than 15 June 2020.
Annexure A is made up of a table containing several questions to which the pension fund must answer yes or no. There is also a section in which the pension fund may include any general comments. Please find the table that requires completion attached with this Update.
- Failure to comply with the request
A failure to provide the
specified information by or within the timeframe specified constitutes an
offence under section 267 of the Financial Sector Regulation Act[5] and
is liable on conviction to a fine not exceeding R1, 000 for each day during
which the offence continues.
[1] FSCA Communication 11 of 2020.
[2] The details of FSCA Communication 11 of 2020 are discussed in Financial Services Sector Update 1 sent on 9 April 2020.
[3] FSCA Information Request 2 of 2020 (RF).
[4] A copy of the Request is available on the FSCA’s website (www.fsca.co.za) under “Regulatory Frameworks > Notices > Retirement Funds.
[5] Act 9 of 2017.
Latest News
Out with the Old: South Africa’s Proposed Overhaul of Exchange Controls and the Inclusion of Crypto Assets
by Janice Geel, Associate and Azraa Sidat, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 17 [...]
Do not call me I’ll call you …… South Africa’s 2026 CPA Amendment Regulations: operationalising the national opt‑out regime for direct marketing and shifting day‑to‑day anti‑spam responsibility to the National Consumer Commission
by Ahmore Burger-Smidt, Director and Head of Regulatory The Consumer Protection Act Amendment Regulations, 2026 deliver the long‑awaited operational framework [...]
Business Rescue Applications Under Scrutiny: business rescue orders are not there for the taking!
by Eric Levenstein, Director and Head Insolvency & Business Rescue and Amy Mackechnie, Senior Associate This article considers the recent decision in [...]
The AI Arms Race and what it means for Competition Law: A new era or new focus
by Ahmore Burger-Smidt, Director and Head of Regulatory We are not in the habit of writing breathless technology briefings. That [...]
The AI Governance Stack and South Africa’s Draft National AI Policy: An Operational Gap in Search of a Framework
by Ahmore Burger-Smidt, Director and Head of Regulatory Author's Note I am presently reading Noah M Kenney's Governing Intelligence: Law, [...]
Speak now or forever hold your peace. The draft AI policy has been published and parties have 60 days to comment
by Ahmore Burger-Smidt, Director and Head of Regulatory On 10 April 2026, South Africa's Department of Communications and Digital Technologies [...]
