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