Promotion of Access to Information Policy – PnP Retirement Scheme

1. Introduction

Promote transparency

The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (‘the Act’) has been enacted in order to promote a culture of transparency, accountability and good governance by giving effect to the right of access to information.

Establishes procedures

The Act establishes voluntary and mandatory procedures which enable the public to obtain records of bodies as swiftly, effortlessly and inexpensively as possible, and to exercise and protect all rights as enshrined in the constitution.

Participating funds

The Pick n Pay Retirement Scheme consists of the following funds:

Pick n Pay Paid up Pension Fund

Pick n Pay Provident Fund

Pick n Pay Non-Contributory Provident Fund

Sponsoring employers

The funds belonging to the Pick n Pay Retirement Scheme (‘the Scheme’) are pension funds as defined in the Pension Funds Act, 1956 (Act No. 24 of 1956). The funds are private bodies as defined by the Act. The Scheme was established for employees of the following companies:

Pick n Pay Retailers (Pty) Limited

Blue Ribbon Meat Corporation (Pty) Limited

2. Contact details

The contact details of the Scheme are as follows:

Head of the Scheme: Amile Visser

Registered address of the Scheme: Pick n Pay Office Park

101 Rosmead Avenue

Kenilworth

7708

Postal address of the Scheme: PO Box 23087

Claremont

7735

Contact telephone number: (021) 658 1508

Contact facsimile number: (021) 658 1722

Email address of the Head of the Scheme:

Financial Services Board PF Number: Paid up Pension Fund – 12/8/22130

Provident Fund – 12/8/21510

Non –Contributory Provident Fund – 12/8/6255

3. South African Human Rights Commission Guide

Compile guide

In terms of section 10 of the Act, the Human Rights Commission is required to compile, in each official language, a guide to the Act to assist people to exercise their rights under the Act. This guide is expected to be available in August 2003. The contact details for the Human Rights Commission are:

Address: Private Bag 2700

Houghton

2041

Telephone: 011 484 8300

Facsimile: 011 484 0582

Website: http://www.sahrc.org.za

4. The request procedure

Prescribed form

Any request for access to Scheme records must be made to the appointed Head of the Scheme. The contact details are those provided under point 2 above. A request for records in terms of the Act must be completed on the prescribed form (available from the Human Rights Commission) in terms of the Act and the Regulations thereto. The form may be submitted by post, fax or email.

Sufficient detail

The requester must provide sufficient detail on the request form to enable the Head of the Scheme to identify the record and the requester. The requester should also indicate what form of access is required.

Identify right

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Head of the Scheme.

Fees

If the request is for personal information, no request fee or deposit is payable. The requester must be notified to pay the access fee. If the request is not of a personal nature the requester must be notified to pay a request fee as well as an access fee and deposit (if applicable). The request need not be processed any further before receipt of payment of the access fee in respect of a personal request or the request fee and deposit (if applicable) in respect of other requests.

Notify of decision

The Head of the Scheme will then make a decision whether to grant the request or not and notify the requester in the required form. If the request is granted, then a further access fee must be paid for the search, reproduction and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

Remedies

If the request is refused the requester must be advised of the full reasons for the refusal as well as the remedies he/she may follow in objecting to the refusal.

Time frame

If the search for a preparation of the record will take longer than the allowed 30 days, a further 30 days may be used, provided the requester is furnished with a notice in this regard.

Third parties

If a request for access to information pertaining to a third party is received, the third party must first be informed of the request by way of notice.

Separate legal entity

Please note that the funds are separate legal entities from the employers that participate in the funds as well as from the funds’ administrators, auditors, consultants, actuaries and other advisors or service providers.

5. Availability of the manual

Availability

In terms of section 9(1) of the Act, immediately after the manual has been compiled the Head must:

make a copy of the manual available to the Human Rights Commission make a copy of the manual available to the controlling body of which the private body is a member arrange for publication in the Government Gazette publish the manual on the website, if any, of the private body.

The Head is required to make a copy of the manual available for public inspection during office hours. A fee may not be charged for public inspection.

The manual will be available in English only.

6. Fund records available in terms of the Pension Funds Act, 1956 (Act No. 24 of 1956)

Members

The following records of the Scheme are available on demand by a member of the Scheme:

the registered rules of the funds including amendments the last revenue account and the last balance sheet prepared in terms of section 15(1) of the Pension Funds Act, 1956.

The fee for such access, as set out in the rules of the Fund, is determined by the Trustees from time to time.

The following records are available for inspection at the registered address of the Scheme (see point 2 above) at no charge:

the documents referred to above

the last report (if any) by a valuator prepared in terms of section 16 of the Pension Funds Act, 1956

the last statement (if any) and report thereon prepared in terms of section 17 of the Pension Funds Act, 1956

any scheme which is being carried out by the Fund in accordance with the provisions of section 18 of the Pension Funds Act, 1956.

Non-members

In terms of section 22 of the Pension Funds Act, 1956, any person (upon payment of prescribed fees) may inspect at the office of the Registrar of Pension Funds any record referred to above and make a copy thereof or take extracts therefrom, or obtain from the bRegistrar of Pension Funds a copy thereof or extract therefrom. The contact details for the Registrar of Pension Funds are:

Address: 41 Matroosberg Road

Ashlea Gardens

Extension 6

Menlo Park

Pretoria

0081

Telephone: 012 428 8000

Facsimile: 012 347 0221

Website: http://www.fsb.co.za

7. Fund records available in terms of other legislation

The following records are available from the Scheme in terms of the following legislation.

7.1 Long-term Insurance Act, 1998 (Act No. 52 of 1998)

Policies of insurance

Policyholder Protection Rules documents.

7.2 Tax on Retirement Funds Act, 1996 (Act No. 38 of1996)

Retirement Fund Tax returns.

7.3 Regional Services Council Act, 1985 (Act No. 109 of 1985)

Regional Services Council Levy returns.

7.4 Financial Services Board Act, 1990 (Act No. 97 of 1990)

Proof of payment of Financial Service Board Levies.

7.5 Income Tax Act, 1962 (Act No. 58 of 1962)

Copies of IRP5’s.

8. Description of records held by the Scheme

The following records may be requested by following the procedure outlined in Section 4.

8.1 Scheme records

Copies of signed rules and amendments

Financial Services Board Certificate of Registration

Tax approval letter from South African Revenue Service

Confirmation of the appointment of principal officer, actuary, auditors and consultants to the fund (where applicable)

Copy of service agreements between the fund and service providers (where applicable)

Minute books

Investment philosophy and strategy

Investment mandates

Investment manager contracts or policies of insurance depending on the nature of the investment

Original or copies of all policy documents relating to group life assurance, permanent health insurance, dread disease, funeral benefits, fidelity insurance etc (where the fund has such a benefit).

8.2 Trustee records

Proof of fidelity and indemnity cover

Trustee details

Trustee declarations.

8.3 Claims (withdrawals, retirements, deaths and disabilities)

Claim notification forms

Calculations (where available), or computerised statement of claim value

Tax application (where applicable)

Tax directive (where applicable)

IT88 notifications

Tax certificate (duplicate – where applicable)

Client/broker payment instruction (where applicable)

Section 37D deduction instruction (where applicable)

Copy of any other court order against benefits

Payment letter

Copy of cheque or cheque/EFT payment reference

Trustees’ Resolution – Disposal of benefit (death claims only)

Insurance received – statement by insurer (death claims only)

Copy of death certificate (death claims only)

Copy of document relating to the setting up of a trust on behalf of dependants or beneficiaries (death claims only)

Statement by employer (disability claims only)

Statement by employee (disability claims only)

Acceptance/declination letter (disability claims only).

8.4 Member data

New entrant data

Contribution records

Member investment choice option forms (where applicable)

Installation and acquisition data

Statement of member fund value

Additional benefit/surplus/demutualisation calculations

Member investment choice investment switch forms (where applicable)

Flexible benefit member option forms (where applicable).

8.5 Section 14 transfers/liquidations

Calculations

Option forms (where applicable)

Tax application forms (where applicable)

Tax directives (whe re applicable)

Tax certificates (duplicate where applicable)

Payment letter (liquidations only)

Copy of Section 14 application lodged (transferor fund)

Copy of Section 14 (1) (e) certificate (transferee and transferor funds).

8.6 Housing loans

This does not apply where the Scheme has merely provided a guarantee for the loan.

Application form

Contribution records

Finalised/settled claims record/calculation

Partial settlement as a result of default – claim forms and approval for this payment.

8.7 Funeral benefit claims

Claim form

Copy of death certificate

Payment letter

8.8 Pensioners (Where applicable)

Special tax directives, including IT88’s, garnishees etc

Commutation of pensions – calculations

Pensioner increase notification

Certificates of existence

Study certificates

Death certificates

Annuity option forms

Trustees’ instruction regarding payments.

8.9 Disability claimants

Medical review correspondence (where applicable)

Certificate of continued disability

Escalator notification

Payment/benefit confirmation letter

EFT payment reference

Recovery documentation

Letter of suspension/reinstatement from underwriter.

8.10 Accounting records

Cashbooks and reconcili ations to bank

General ledgers

Trial balances

Annual financial statements

Audit files with working papers

Bank statements of fund bank accounts

EFT files

Deposit slips (where applicable).

8.11 Miscellaneous

Fund membership statistics

Documentation relating to the review of insurances on an annual basis as well as the quotations obtained from insurers for a rebroke exercise

Agendas for all meetings to be held

Copies of statements detailing the asset values for a fund

Copies of communication sent to members of the funds in respect of specific events eg Trustees’ reports, member level investment choice, changes to death benefit structure, changes to fund

structure etc

Correspondence to the trustees in respect of fund matters

Correspondence to members/pensioners, where applicable

Fund statutory valuation reports

Copies of Pension Fund Adjudicator complaints lodged

Copies of communication with South African Revenue Service and the Financial Services Board.

Promotion of Access to Information: PnP Retirement Scheme - Page 5