May 2024

South Africa. New law enables pension fund members to access their savings

Pension fund members are set to access a third of their pensions within the next four months. The National Assembly unanimously approved the Pension Fund Amendment Bill after it was sent back for concurrence by the National Council of Provinces (NCOP) with technical amendments. The bill, introduced by Finance Minister Enoch Godongwana in January, provides for a “two-pots” system that divides pension contributions into two separate pots: a savings pot and a retirement pot, with effect from September. It proposes that retirement...

US. Calpers moots $25bn green private market investment

US public pension Calpers plans to invest more than $25bn (£19.8bn) into climate-related private market investments. Calpers is the biggest public pension in the US and the proposed investment would be one of the largest commitments by a major fund to unlisted climate assets. The pension fund is reported to be considering deploying capital in the private equity, real estate and infrastructure markets, with a particular interest in Asia and Europe. “Those are the ones [private market assets] that have very evident...

U.K. needs more favorable policies to retain leading status in sustainable finance — UKSIF report

After years of being a trailblazer in sustainable finance, the U.K.’s position is under threat amid stalled policy and a lack of certainty over regulation. Research by the U.K. Sustainable Investment and Finance Association, known as UKSIF, showed that more favorable policies could see up to £100 billion ($125.5 billion) in assets shifting into U.K. sustainable finance. The U.K. remains the top market for sustainable finance activity among 83% of those surveyed — but a clear direction of travel away...

Kenya. Bill seeks inflation-based pension raise for retirees

Retired public servants will get automatic pay raises based on the cost of living in pension computations if Parliament approves a proposed Bill. The Pensions (Amendment) Bill 2024 seeks to amend the Pensions Act, Cap 189, to include an automatic cost of living adjustment to the pensions earned by all retired public servants. The Bill seeks to cushion retirees from the effects of inflation. “In addition, the Bill seeks to provide for the use of the most current salary applicable to a...

Swiss Parliament pushes discussion on pension funds’ cost transparency

The social security and health committee of the National Council (SGK-N), the lower house of the Swiss Parliament, has voted in favour of submitting a motion to discuss pension funds’ obligations on costs disclosure. The committee shares the view of the Swiss Federal Audit Office (SFAO), that information on administrative costs should be easily accessible and comprehensible for the general public, it said in a statement. Only a minority of the members of the committee considers the existing rules on pension funds’...

Venezuelan National Assembly Approves Pension Protection Bill

The National Assembly of Venezuela approved on Thursday in the first discussion, the Social Security Pension Protection Bill, after it was presented to that body by the executive vice president of the South American country, Delcy Rodriguez. "We wanted to bring this bill that has 13 articles that seek special protection, through contributions and contributions of private business for the protection of pensions against criminal blockade"said Rodríguez and also recalled that the country’s income from the blockade was impacted by...

April 2024

UK. Nearly half of pension holders haven’t considered inheritors

Almost half (46 per cent) of UK adults with pensions have not considered who should inherit them, research from Canada Life has found. The firm's research revealed that over half (54 per cent) of UK adults with pensions haven’t completed an expression of wish form, with one in 10 (10 per cent) admitting that the expression of wish is neither up to date or they simply don’t know. The expression of wish form is held by the pension company, and in...

US. Government announces rule that updates investment advice fiduciary definition

The Biden-Harris administration announced today that the U.S. Department of Labor has finalized its Retirement Security Rule to protect the millions of workers who are saving for retirement diligently and rely on advice from trusted professionals on how to invest their savings. This final rule will achieve this by updating the definition of an investment advice fiduciary under the Employee Retirement Income Security Act and the Internal Revenue Code. The final rule and related amended prohibited transaction exemptions require trusted investment advice...

UK. DWP declares 34,500 claimants have to pay back benefits or face fines up to £20,000

The Department for Work and Pensions (DWP) is facing a storm of criticism as it has ordered 34,500 people to repay benefits, with fines reaching up to £20,000. This comes amid calls for the DWP to review its handling of Carer's Allowance after it was revealed that thousands of carers are being overpaid and later hit with hefty repayment demands. In a dramatic turn of events, a UK government dementia adviser has stepped down in protest against the DWP's "beyond the pale" legal...

Pension Fund Trustees and Fiduciary Duties: Decision-making in the context of Sustainability and the subject of Climate Change

By Financial Markets Law Committee For pension funds, setting investment strategy, principles and policies and making investment decisions have all become more challenging in the context of sustainability and the subject of climate change.  This has given rise to renewed uncertainty over what the “fiduciary duties” or trust duties owed by trustees of pension funds require in this context. Since the pensions sector is a major allocator of capital, legal uncertainties affecting pension fund trustees have the potential to adversely affect...