n Without Prejudice - Employers beware : labour law

Volume 12, Issue 8
  • ISSN : 1681-178X



S37D(1)(b) of the Pension Funds Act (the PFA) allows a retirement fund to deduct any amount due by a member to his or her employer on the date of his withdrawal from the fund in respect of compensation for damage caused to the employer by reason of the member's theft, dishonesty, fraud or misconduct. Such a deduction is possible only if the member has admitted liability in writing or judgement has been obtained against the member.

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