South Africa: Withholding pension benefits: Legal requirements an employer must satisfy to interdict a retirement fund from paying out pension benefits

The withholding of pension benefits is a common recourse against employees who caused damage to their employers as a result of theft, dishonesty, fraud or misconduct. The recourse available to an employer is sanctioned by section 37D(1)(b)(ii) of the Pension Funds Act, 24 of 1956 (PFA) and in many cases, augmented by the rules of a retirement fund.

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