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Issue: June-August 2011
Editorials
GRAVY
Here’s the thing about pension
fund costs: The more regulations
there are, the more the services
required to ensure compliance; thus the
less competitive the funds’ nett returns
against other savings vehicles not
similarly burdened. On the other hand,
the fewer the regulations the greater the
leeway for trustees to stuff up.
Now comes the proposal that
trustees pass a ‘fit and proper’ test
and have minimum qualifications
for appointment. Oh dear, another
regulatory imposition that invites
additional cost. But it must be
preferable to having trustees who’re
unfit, improper and unqualified.
Still, it’s grist to the mill for
umbrella funds. By the same token,
it particularly challenges memberelected
trustees (and members of
management boards in umbrella
funds) to get up to speed so that they
aren’t frightened at every turn to call
on expensive consultants.
Also mooted is mandatory
pensions preservation. It should
be a no-brainer if pension fund
members are to stand a chance,
without reliance on resources that
the state doesn’t have, of enjoying
a reasonably comfortable living
standard on retirement. But a
no-brainer it isn’t. Already there is
union resistance.
Not without reason. Longevity
projections for lower-paid workers fall
short of retirement age; irregularity of
employment causes a need to live off
savings that have been accumulated
rather than wait years before they
can be withdrawn; the daily grind
to provide from sparse incomes for
shelter, food and children’s education
is a higher priority.
Ultimately, the decision to
introduce mandatory preservation
will be politically charged. It would
be helpful if the political leadership
actually took a lead.
So far, according to figures
produced by the National Union
of Mineworkers and published
elsewhere in this edition, fees in the
Fidentia curatorship are running at
over R44m.
NUM has every right to be
concerned. If it doesn’t have the clout
to bring such fees to heel, nobody has.
Some curators aren’t paid by the
hour, according to professional
scales, but by a contingency fee, for
going at risk to recover assets from
pension funds stripped of their
surpluses. The fee has been negotiated
down from the 25% of recovered assets
that the High Court had originally
approved. There’s a little twist.
It comes to TT’s attention that, in
the case of at least one fund, the fee
was 16,66% for work as the curator
and a further 16,66% for work
undertaken by the curator’s law firm
i.e. 33,32% in all.
Depending on the risk, it’s rather
nice work if you can get it.
Sometimes curators are described
as Robin Hoods. It’s undeserved
flattery.
Robin didn’t received a cut on
what he prised. So a modern-day
Robin couldn’t have paid, as one
curator has, R22m in cash for a
Clifton holiday home.
Maybe it’s reading too much
into the move to Discovery by
Alexander Forbes Financial Services
MD Anton Ossip. But don’t put it past
the ever-inventive Adrian Gore, head
of Discovery, for planning to take on
the immensely powerful AFFS. That
sort of challenge is right up his alley.
Back to the subject of regulations.
They’re only good to the extent
that they can be properly supervised.
Already, it’s understood, coaches
and horses are being driven through
the provision in the FSB’s goodgovernance
circular PF130 to regulate
gifts to trustees.
Gifts to trustees have cooled down.
Gifts to trustees’ wives have heated up.
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