M.Comm. / The South African investment management sector is considered well-developed with local fund managers managing approximately ZAR2.1 trillion in assets as at the end of June 2009. These assets grew to approximately ZAR2.4 trillion as at the end of June 2010. The majority of these assets are made up of institutional funds which include retirement funds. Retirement-fund investment savings have a profound impact on the country’s economic welfare not only because it provides income to a large number of aged people in South Africa, but also because it contributes to the country’s overall economic wellbeing. Therefore, one of the biggest challenges within the retirement fund industry is to ensure that retirement-fund savings are invested in an optimal way.

The retirement fund industry has seen a number of scandals both locally and internationally recently. These have left the trustees, the custodians of the large sums of monies in retirement funds, exposed to lawsuits. This is so because the fund members and retirees blame these trustees for negligence and lack of foresight in putting in place prudential standards by which their monies should be managed. These prudential standards are encompassed in corporate governance, as we will appreciate. Retirement fund governance is a subset of corporate governance; it is the mirror image of the corporate governance of a company, which consists of a set of relationships between company's management, board, shareholders and other stakeholders. The same principles that apply to business assets in general also apply to the management of pension assets. This study set out to ascertain whether or not retirement funds in South Africa do comply with the governance guidelines as set by the Financial Services Board (FSB). I selected a sample of 300 fund trustees but excluded the principal officers and tried to select an equal number from employee elected and employer appointed, a balance that proved to be extremely difficult to strike. The sample was randomly drawn using my colleagues for referrals as well as just calling a company asking for a principal officer who would refer me to the trustees. (I received a great deal of cooperation from the principal officers to this end). The participants represent a wide spectrum of industry sectors. They represent manufacturing, auto and motor industry, local government and a few from the financial services industry. I used a 23-question questionnaire conducting interviews both telephonically and face-to-face interactions as well mail. I managed to receive 87 responses from face-to-face interactions locally (Port Elizabeth), 67 responses from the mail and 60 from telephone interviews. I used a software program called statistica 6.1 to analyze my data and produce the frequency tables and graphs. / Thesis (MBA)-University of Natal, Durban, 2004.

Thesis (MAcc)--University of Stellenbosch, 2009. / AFRIKAANSE OPSOMMING: Op 9 Februarie 2007 het President Thabo Mbeki in sy “State of the Nation Address” aangekondig dat voorstelle vir ‘n bydraende verdienste-gebaseerde nasionale maatskaplike aftreefonds as deel van die 2007- begroting voorgelê sal word. Die raamwerk vir so ‘n nasionale maatskaplike aftreefonds is uiteengesit in ‘n dokument wat gepubliseer is in ‘n geskrif wat deur die Nasionale Tesourie beskikbaar gestel is vir openbare terugvoer. Hierdie stelsel beoog om deur middel van ‘n verpligte belasting wat maandeliks van lede se salarisse afgetrek sal word, ‘n fonds daar te stel wat ten doel het om ‘n sekere vlak van inkomste ná ‘n lid se aftrede te verseker. Die aangeleentheid het onlangs dekking in die pers ontvang onder die opskifte “Lede wat nie vroeg genoeg doodgaan nie, kan pensioenfondse knou”, “Aftreefonds-paniek” en "Nasionale fonds straks deur private sektor bestuur, staat gaan nie almal se geld vat”. Uit hierdie artikels kan afgelei word dat die Suid-Afrikaanse publiek bekommerd is oor die vooruitsig dat die regering aangedui het dat hulle voortaan aftreefondse sal bestuur onder die nasionale maatskaplike aftreefonds. Dit is ‘n welbekende feit dat soortgelyke stelsels in baie ekonomieë wêreldwyd teenwoordig is, en tans onder geweldige finansieringsdruk gebuk gaan. Hierdie navorsing is onderneem om die Suid-Afrikaanse publiek in staat te stel om ‘n ingeligte besluit te neem oor die risiko van ‘n finansieringskrisis by die voorgestelde Suid- Afrikaanse nasionale maatskaplike aftreefonds deur die volgende te doen: · Identifisering van die oorsake van finansieringsprobleme by maatskaplike aftreefondse wêreldwyd. · ‘n Vergelyking te tref tussen die voorgestelde Suid-Afrikaanse nasionale maatskaplike aftreefonds en beter praktyke vir maatskaplike aftreefondse. · ‘n Oorweging of die bogenoemde oorsake van finansieringsprobleme by maatskaplike aftreefondse wêreldwyd, van toepassing is op die Suid-Afrikaanse situasie. iii Die navorsing het op die volgende gedui: · Die hoofoorsake van finansieringskrisisse by nasionale maatskaplike aftreefondse wêreldwyd is: die teenwoordigheid van finalebydraeskemas, afname in die aftreeouderdom van die bevolking, die teenwoordigheid van langer lewensverwagtings en die afname in bevolkingsgroei. · Die voorgestelde Suid-Afrikaanse nasionale maatskaplike aftreefonds is byna identies aan die stelsel van beste praktyke soos voorgelê deur die Wêreldbank. Die feit dat die struktuur van die stelsel gebaseer is op soortgelyke stelsels wat reeds suksesvol geïmplementeer is in die res van die wêreld, behoort die Suid Afrikaanse publiek positief te beïnvloed. · Die Suid-Afrikaanse nasionale maatskaplike aftreefonds sal nie gebaseer wees op ’n finalebydraeskema nie en sal gevolglik nie blootgestel wees aan die risiko nie. Die fonds sal egter, soortgelyk aan die internasionale situasie, blootgestel wees aan ‘n afname in aftree-ouderdom, afname in geboortes en ‘n toename in lewensverwagting. Gebaseer op die bogenoemde bevindinge is dit duidelik dat die Suid-Afrikaanse voorstel vir ’n nasionale maatskaplike aftreefonds, wel blootgestel sal wees aan finansieringsrisiko’s. Die skrywer glo egter dat deur die Suid-Afrikaanse voorstel te baseer op die beste praktyke soos uiteengesit deur die Wêreldbank, hierdie risiko’s op die mees effektiewe manier gehanteer sal word. Die Suid-Afrikaanse voorstel is dus weens sy samestelling, nie voor sy inwerkingtreding reeds gedoem tot die ontwikkeling van ’n finansieringskrisis nie. / ENGLISH ABSTRACT: On 9 February 2007 President Thabo Mbeki announced in his “State of the Nation Address” that proposals for an earnings-based national social security fund will be tabled as part of the 2007 budget. The framework for such a national social security fund is documented in a paper released by National Treasury and currently available for public feedback. The purpose of this system is to establish a fund which will ensure that members retain a certain level of income after retirement. This will be done by way of a compulsory tax, which will be deducted from members’ salaries on a monthly basis. This matter recently received widespread press coverage under the headlines “Lede wat nie vroeg genoeg doodgaan nie kan pensioenfondse knou”,”Aftreefonds-paniek” en “Nasionale fonds straks deur die private sektor bestuur, staat gaan nie almal se geld vat”. It is clear from these articles that the South African public is concerned about the prospect that the government indicated that they will be managing retirement funds under the national social security fund. It is also a well-known fact that similar systems worldwide are currently facing major financial pressure. The purpose of this research was to enable the South African public to make an informed decision regarding the financing risk associated with the proposed South African national social security fund by performing the following steps: · Identification of the causes of financing problems at social security funds worldwide. · To compare the proposed South African national social security fund to better practice for social security funds. · To consider whether the abovementioned causes of financing problems in social security funds worldwide, is also applicable to the South African situation. The research indicated the following: v · The main causes of financing crises in national social security funds worldwide are: the presence of final contribution schemes, the decline in the retirement age of the population, the presence of longer life expectancy and the decline in the population growth. · The proposed South African national social security fund is basically identical to the system of best practices as published by the World Bank. · The South African national social security fund will not follow the system of a final contribution scheme and will therefore not be exposed to the risk associated with these schemes. The fund will, however, in line with the international situation, be exposed to the risks associated with the decline in age of retirement, decline in population growth and an increase in life expectancy. Based on the findings listed above it is apparent that the South African proposal for a social security fund will be exposed to finance risks. The writer however believes that by basing the proposal on the best practices as set out by the World Bank, these risks will be mitigated in the most effective manner. The South African proposal is therefore, due to its composition, not doomed to the development of a financing crisis before its coming into existence.

The main objective of this thesis is comparing financial products of retirement funds in the Czech market.

Trust law has hindered beneficiaries from exerting their voice in the administration of their funds. Yet, individuals do have opinions on how they want their funds to be invested and wish to direct the investments to align with their values. For a majority of individuals, this influence is mainly through their retirement fund investments. However, trust law means that the ultimate power to decide on the investment process rests in the hands of trustees to act on behalf of all beneficiaries. And trustees also further delegate most investment decisions to the investment managers. The findings of this research, as other researchers have also found, suggests that individuals who have some knowledge of SRI show a greater willingness to invest in sustainable funds. It also suggests that after choosing the type of funds that they wish to invest in, individuals place a lot of trust in their trustees to act in their best interests by investing responsibly. The research explores the various dynamics that are at play that explain individual behaviour and attitudes towards financial planning with regards to their retirement investments. The implications of my findings may have relevance in understanding what drives individuals to become active in the investment arena and may serve as a harbinger to changes in fiduciary relationships as we know them. Further research can be done in this area that will assist policy makers to consider regulation changes that could lead to the greater inclusion of final beneficiaries in the investment management process.

<p>This thesis deals with a very important issue in South African society, i.e. the provision of financial and non-cash support to older persons. Older persons in South Africa can be described as a sizeable but vulnerable group requiring specific protection. Section 27 of the South African Constitution of 1996 obliges the state to take reasonable legislative and other measures within available resources to progressively realise the right of access to social security. Hence, the steps taken by the state to promote older persons&rsquo / right of access to social security and to protect their right to dignity need to be evaluated. The legislative framework for the provision of financial and non-cash support to older persons currently is fragmented into various statutes dealing with retirement income, state grants to older persons and care and support services for older persons. Therefore, the current legislation lacks an integrated approach to the provision of support and care to older persons, as well as a central principle on which to base future legislation concerning older persons. One such principle that could potentially be adopted is intergenerational solidarity, which can be described as the solidarity between the active working-age population, as one generation, from which benefits flow to older persons as the other. This thesis evaluates whether intergenerational solidarity should form the basis of South African legislation on the provision of retirement income and the provision of care and support to older persons, and if so, whether it in fact does. If the answer to the latter is in the negative, the thesis further examines whether the current process to reform the retirement income system and related legislation in South Africa would be a suitable platform to introduce the concept of intergenerational solidarity to legislation concerning older persons.</p>

<p>This thesis deals with a very important issue in South African society, i.e. the provision of financial and non-cash support to older persons. Older persons in South Africa can be described as a sizeable but vulnerable group requiring specific protection. Section 27 of the South African Constitution of 1996 obliges the state to take reasonable legislative and other measures within available resources to progressively realise the right of access to social security. Hence, the steps taken by the state to promote older persons&rsquo / right of access to social security and to protect their right to dignity need to be evaluated. The legislative framework for the provision of financial and non-cash support to older persons currently is fragmented into various statutes dealing with retirement income, state grants to older persons and care and support services for older persons. Therefore, the current legislation lacks an integrated approach to the provision of support and care to older persons, as well as a central principle on which to base future legislation concerning older persons. One such principle that could potentially be adopted is intergenerational solidarity, which can be described as the solidarity between the active working-age population, as one generation, from which benefits flow to older persons as the other. This thesis evaluates whether intergenerational solidarity should form the basis of South African legislation on the provision of retirement income and the provision of care and support to older persons, and if so, whether it in fact does. If the answer to the latter is in the negative, the thesis further examines whether the current process to reform the retirement income system and related legislation in South Africa would be a suitable platform to introduce the concept of intergenerational solidarity to legislation concerning older persons.</p>

Doctor Legum - LLD / This thesis deals with a very important issue in South African society, i.e. the provision of financial and non-cash support to older persons. Older persons in South Africa can be described as a sizeable but vulnerable group requiring specific protection. Section 27 of the South African Constitution of 1996 obliges the state to take reasonable legislative and other measures within available resources to progressively realise the right of access to social security. Hence, the steps taken by the state to promote older persons&rsquo; right of access to social security and to protect their right to dignity need to be evaluated. The legislative framework for the provision of financial and non-cash support to older persons currently is fragmented into various statutes dealing with retirement income, state grants to older persons and care and support services for older persons. Therefore, the current legislation lacks an integrated approach to the provision of support and care to older persons, as well as a central principle on which to base future legislation concerning older persons. One such principle that could potentially be adopted is intergenerational solidarity, which can be described as the solidarity between the active working-age population, as one generation, from which benefits flow to older persons as the other. This thesis evaluates whether intergenerational solidarity should form the basis of South African legislation on the provision of retirement income and the provision of care and support to older persons, and if so, whether it in fact does. If the answer to the latter is in the negative, the thesis further examines whether the current process to reform the retirement income system and related legislation in South Africa would be a suitable platform to introduce the concept of intergenerational solidarity to legislation concerning older persons. / South Africa

<p>This thesis will examine the effects of divorce on the benefit payable to a member of a retirement fund, where divorce has occurred before the member has reached retirement age. In&nbsp / particular, parametric (that is, piecemeal) amendments to the relevant legislation will be analysed in order to outline the development of the legislation relating to divorce and the consequent distribution of&nbsp / assets (including retirement savings). The previous and current legal position in South Africa relating to divorce and retirement savings will be set out and critically analysed to determine whether the current position can be regarded as an improvement upon the previous legal position, or whether other and/or new problems in this area have been created. Parametric amendments to&nbsp / relevant legislation have thus far been the subject of many cases in our courts and adjudicative tribunals. A systemic overhaul of a particular area of law is a useful tool in providing legal certainty&nbsp / and clarifying the laws applicable to that area. This thesis will therefore argue in favour of a systemic overhaul of the legislation applicable to the allocation of retirement benefits at divorce, as opposed to the ineffectual parametric (i.e. piecemeal) amendments that have been implemented thus far. An essential aspect of this study is a comparative study of South African legal principles&nbsp / relating to retirement benefits and divorce with the legal principles of this subject in the United Kingdom (UK).</p>

<p>This thesis will examine the effects of divorce on the benefit payable to a member of a retirement fund, where divorce has occurred before the member has reached retirement age. In&nbsp / particular, parametric (that is, piecemeal) amendments to the relevant legislation will be analysed in order to outline the development of the legislation relating to divorce and the consequent distribution of&nbsp / assets (including retirement savings). The previous and current legal position in South Africa relating to divorce and retirement savings will be set out and critically analysed to determine whether the current position can be regarded as an improvement upon the previous legal position, or whether other and/or new problems in this area have been created. Parametric amendments to&nbsp / relevant legislation have thus far been the subject of many cases in our courts and adjudicative tribunals. A systemic overhaul of a particular area of law is a useful tool in providing legal certainty&nbsp / and clarifying the laws applicable to that area. This thesis will therefore argue in favour of a systemic overhaul of the legislation applicable to the allocation of retirement benefits at divorce, as opposed to the ineffectual parametric (i.e. piecemeal) amendments that have been implemented thus far. An essential aspect of this study is a comparative study of South African legal principles&nbsp / relating to retirement benefits and divorce with the legal principles of this subject in the United Kingdom (UK).</p>