n Law, Democracy & Development - The law regarding the division of the retirement savings of a retirement fund member on his or her divorce with specific reference to , [2007] 3 BPLR 296 (PFA)

Volume 13, Issue 1
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



This article analyses the recent amendments to the Pension Funds Act 24 of 1956 relating to the divorce benefit, particularly the amendment of section 37D. This amendment has brought about changes, and will contribute positively to the development of South African retirement law. The allocation and payment of a share of a retirement fund member's retirement savings on divorce has been the subject of intense debate in the retirement funding community, especially in view of the unfairness to non-member former spouses (who are usually women) of the law in this regard before 1 November 2008.

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