Life Partner’s Pension Claim Rejected by FST After UNISA Fund Stops Payments

A man has turned to the Financial Services Tribunal (FST) after his partner’s death left him without the monthly payments from the University of South Africa (UNISA) retirement fund, sparking a legal battle over his right to a pension.

Sarel Petru Du Plessis, who was in a long-term relationship with Daniel Wilhelmus Coetzee, sought relief after Coetzee’s death in April 2023. Coetzee had retired in March 2019, receiving a substantial lump sum of over R600,000 and investing over R5.7 million into an in-fund annuity. However, when Coetzee passed away, the retirement fund ceased his pension payments, citing that Coetzee had nominated zero percent for a spouse’s pension, claiming he was not married.

Du Plessis, however, contended that they were life partners and that, as such, he should qualify for the spouse’s pension. Feeling unjustly denied, Du Plessis filed a complaint with the Pension Fund Adjudicator (PFA) in April 2024, which upheld the retirement fund’s decision, citing the fund’s rules as binding. The PFA ruled that the fund was correct in not providing a pension, as the deceased had explicitly opted out.

Not satisfied with the PFA’s ruling, Du Plessis approached the FST for reconsideration, arguing that Coetzee’s election of a zero percent spouse’s pension should be invalid without his consent as a qualifying spouse. He also contended there had been an error in Coetzee’s paperwork regarding his marital status.

The retirement fund, however, stood firm on its position, asserting that it relied on Coetzee’s claim of being unmarried, and there was no need to verify further. In its ruling, the FST concluded that Coetzee had made his decision clear, and the fund was entitled to accept his wishes.

Ultimately, the FST dismissed Du Plessis’s application, ruling that the decisions made by Coetzee regarding his retirement fund were final and could not be altered.

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com

Sourced:IOL

Picture: Sasfin Content Hub