Retirees are often left destitute by the shenanigans of their pension fund administrators. The good news is that there is legislation in place to protect their life savings and make sure those in charge of their money stay in line.
Those sensible enough to have a pension plan would know that nothing is worse than hearing that their pension fund has been mismanaged. Yet it happens all too often, leaving people destitute. Yusuf Dukander, Project Director of Financial Services at the South African Institute of Chartered Accountants (SAICA), says that the requirements for fund administrators have been in place for nearly 20 years but it is only now that more intensive supervision, of late driven by corporate governance imperatives, is being implemented to improve the management reporting structure.
“The conditions were introduced in 1992 along with other amendments to the Pension Funds Act,” says Dukander, who points out that the Registrar of the FSB (Financial Services Board) recognised that the many role players within the retirement funds industry needed a coherent regulatory framework. “The financial services industry had been dogged by the collapse of some pension funds due to poor management”. Accordingly, section 13B of the Pension Funds Act (1956) was designed to create an environment for more frequent and rigorous risk reporting by the administrators.
Dukander emphasises that the legislation is intended to ensure that pension fund contributions are properly regulated and managed. It defines what is required from an administrator, which it defines as “any juristic person, other than a trust, who has been approved by the Registrar, as a benefit administrator or an investment administrator”.
He cites the example of a stock broker who receives money from a pension fund for investment. As such, he is an administrator and must be approved by the Registrar. However, if the stock broker simply buys or sells assets on the instruction of the trustees of the fund, approval for his role as an administrator is not required.
However, he stresses, that does not exempt boards of retirement funds and trustees from acting responsibly. “The trustees at all times have a fiduciary responsibility. Failure to do that could prompt the Registrar to act on behalf of the members. The Registrar can remove a board and appoint new trustees if it is necessary, without recourse to the High Court.”
Dukander welcomes the FSB’s corporate governance for retirement funds guidelines contained in its PF 130, a document that guides boards of trustees on how to comply with good governance principles. In short, says Dukander, a primary function of the board of trustees is to ensure that it exercise a rigorous oversight function. “Legislation and the FSB guidelines should help achieve this critical function.”
Stephan Pretorius, a member of SAICA’s Retirement Funds Project Group mentions “PF 130 states that the fundamental principle is that the board of trustees, elected by the participating employers and employees, at all time acts with the utmost good faith towards the fund and the best interest of all members.”
Pretorius explains that the document proposes that through good corporate governance, funds would be able to:
- provide the benefits to its members as set out in the fund’s rules;
- optimise benefits and minimise the associated investment risk;
- ensure that the cost implications involved in providing these benefits and administration services to members are transparent and quantifiable by the stakeholders.
As more companies outsource their administrative functions, Dukander says that consumers are understandably concerned about the possible fraudulent activity.
“Importantly in this context, being outsourced does not absolve administrators of their responsibilities. So, if the agreement has the Registrar’s approval and a solid service level agreement exists between the trustees of the fund and the outsourced administrator, consumers can take comfort that their monies invested are relatively secure.”
Administrators sign a service level agreement that must contain details such as:
- how contributions and benefits are processed;
- updates on investments and disinvestments;
- the administration of housing loans; and
- financial accounting procedures.
Administrators must be registered as financial services providers in terms of the Financial Advisory and Intermediate Services Act (FAIS) and must comply with any other applicable legislation and requirements. The administrator must provide regular certified auditors' reports and quarterly returns, and comply with rules governing the outsourcing of their functions as administrators.
Dukander recommends that good governance is holistic approach; that it factors in all facets of the entity. “For this to be successful, the top management within the pension fund administration must be seen to cultivate a culture and attitude that is ethical and financially responsible. By applying this framework, the management executive – that is the people in charge of the administrator – sets the tone of the organisation regarding the business environment within which the pension funds are controlled.”
He advises that administration agreements can be terminated with the permission of the Registrar. The transferring administrator must supply its successor with all the information it has in its possession regarding the fund and related relevant organisation.
“The provisions of the pension legislation make it clear that the sanctity of the administration of your pension funds is guarded by law. A pension fund is for the provision of benefits for members and pensioners. To this extent, the role of the trustees and administrators are equally clear.”