ARTICLE
6 January 2020

Recent Changes – Government Pension Funds And Divorce Settlements

SI
SchoemanLaw Inc.

Contributor

SchoemanLaw Inc. logo
SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public, based in Cape Town, is a boutique law firm offering its clients access to high quality online legal documents and agreements, together with a wide range of legal services. The firm has an innovative and entrepreneurial mind-set that distinguishes it from other law firms. We apply our first-hand understanding of the challenges facing entrepreneurs (regardless of their business size) to develop proven, practical solutions incorporating legal compliance, risk aversion and business sense. We achieve this by offering clients tailored, yet holistic support comprising of legal gap analysis, the construction of tailored legal solutions and the practical implementation thereof through training and automation.
Government employees who are members of the Government Employees Pension Fund (‘GEPF')...
South Africa Government, Public Sector

Government employees who are members of the Government Employees Pension Fund ('GEPF') can breathe a sigh of relief, as their pension interest will no longer be subject to the 'debt' approach when distributing pension interest when enforcing terms of a Divorce Settlement Order.

The previous rules were structured in such a way that the divorce payout was included as a debt to the pension interest. In this way, members could owe money to the GEPF when they retired.

The new rules, which came into effect 1 August 2019 under the guise of the Government Employees Pension Law Amendment Bill, will now reduce the number of years of service accrued in equal proportion to the benefit due to the spouse in terms of the Divorce Order.

In practical terms upon retirement, the member will be paid their full benefit after allowing for the reduced pensionable service. In simple terms, if a member accrued ten years of service at Date of Divorce and the spouse is paid 50% of the of pension interests, the members years of service will be reduced to 5 years. Members will be able to pay in the difference or increase their monthly contributions to rectify the 'gap'.

It is essential to note that members who have already settled their divorces in terms of the old method have up until 22 May 2020 to choose which method they would prefer failing which they will be automatically converted to the new 'service reduction' method.

The GEPF is set to issue out directives to its members, but if any issues should arise regarding pension interest contact SchoemanLaw Inc.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More