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
Proposed Economic Opportunity Tax for Casino Operator Licensees in the Western Cape to relocate their casinos
by Wendy Rosenberg, Director and Head of Digital Media & Electronic Communications On 6 June 2025, the draft Western Cape [...]
When does an acquisition by a company of its own shares constitute a scheme of arrangement?
Understanding the relationship between Section 48 and Section 114 of the Companies Act in Light of the Companies Amendment Act, [...]
Are we seeing an end to the appointment of board members to act as CEOs of SOEs / Private Companies?
by Sandile July, Director and Head of Employment and Nonkosazana Nkosi, Director 1. The Labour Court has officially put a [...]
Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28 (15 May 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate 1. Does the Labour Court have the power to declare a [...]
Business Rescue Is Not a Shield from Accountability: Director and Business Rescue Practitioner Held Liable
By Eric Levenstein, Director and Head of Insolvency and Business Resue and Amy Mackechnie, Senior Associate The recent decision in [...]
The Age of AI and Employment: Navigating Legal and Strategic Implications for Employers
by Bradley Workman-Davies, Director and Preeta Bhagattjee, Head of Technology & Innovation Artificial intelligence (AI) is no longer a speculative [...]
