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Pension Scheme Trust Deed Template for South Africa

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Key Requirements PROMPT example:

Pension Scheme Trust Deed

"I need a Pension Scheme Trust Deed for a new mining company pension fund in South Africa, which will launch on 1 March 2025, with multiple participating employers and specific provisions for underground workers' risk benefits."

Document background
The Pension Scheme Trust Deed is a fundamental document required when establishing a pension fund in South Africa. It is used to create the legal framework for the pension scheme, ensuring compliance with the Pension Funds Act 24 of 1956 and other relevant legislation. The document is essential when companies want to establish a new pension fund or amend an existing one, providing comprehensive details about fund governance, trustee powers and duties, membership criteria, contribution rates, benefit structures, and investment policies. This deed serves as the primary reference point for all stakeholders involved in the fund's operation and must be registered with the Financial Sector Conduct Authority (FSCA). It includes specific provisions required by South African law, such as those relating to fund governance, member protection, and investment restrictions.
Suggested Sections

1. Parties: Identifies the principal employer(s), initial trustees, and any other founding parties to the trust deed

2. Background: Sets out the context and purpose for establishing the pension scheme

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation principles

4. Establishment of the Fund: Formally establishes the pension fund, sets out its name and legal status

5. Object and Purpose: Defines the main objectives and purpose of the pension fund

6. Trustees: Details the appointment, removal, duties, powers, and meetings of trustees

7. Membership: Establishes eligibility criteria, conditions for admission, and termination of membership

8. Contributions: Specifies contribution requirements for employers and members

9. Benefits: Details the types of benefits payable, including retirement, death, disability, and withdrawal benefits

10. Investment Powers: Outlines the investment powers and restrictions of the trustees

11. Administration: Covers administrative matters including record-keeping, accounts, and communications

12. Amendment and Termination: Procedures for amending the deed and terminating the fund

13. Dispute Resolution: Procedures for handling disputes between the fund and members

14. General Provisions: Includes indemnities, notices, and other general legal provisions

Optional Sections

1. Participating Employers: Required when multiple employers participate in the scheme, detailing admission and withdrawal of participating employers

2. Transfer Provisions: Required when the fund needs to accommodate transfers from or to other funds

3. Living Annuity Provisions: Required if the fund offers in-fund living annuity options

4. Housing Loan Provisions: Required if the fund provides housing loan facilities to members

5. Risk Benefit Provisions: Required if the fund offers specific insured risk benefits

6. Investment Choice: Required if members are given investment choice options

7. Preservation Provisions: Required if the fund accepts preservation transfers or offers preservation options

Suggested Schedules

1. Schedule 1 - Participating Employers: List of all participating employers and their admission dates

2. Schedule 2 - Contribution Rates: Detailed contribution structures for different categories of members

3. Schedule 3 - Benefit Structures: Detailed benefit calculations and structures for different member categories

4. Schedule 4 - Trustee Policies: Key policies governing trustee operations and decision-making

5. Appendix A - Investment Policy Statement: Detailed investment policy and guidelines

6. Appendix B - Risk Benefit Policy: Details of insured risk benefits and associated policies

7. Appendix C - Member Communication Policy: Framework for member communications and disclosures

8. Appendix D - Administrative Procedures: Detailed administrative procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























































Clauses









































Relevant Industries

Financial Services

Professional Services

Manufacturing

Mining

Retail

Technology

Healthcare

Education

Construction

Transportation

Energy

Agriculture

Telecommunications

Relevant Teams

Legal

Human Resources

Finance

Compliance

Risk Management

Employee Benefits

Payroll

Corporate Governance

Investment

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Legal Counsel

Compliance Officer

Finance Manager

HR Manager

Benefits Administrator

Risk Manager

Pension Fund Trustee

Fund Administrator

Actuarial Consultant

Investment Manager

Company Secretary

Employee Benefits Manager

Payroll Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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