Gennel Chettiar

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Review of pension fund trustee decisions

By Gennel Chettiar on March 28, 2017 Posted in General

The role of a board of trustees is inextricably linked to the exercise of discretion. The ability to review a decision is rarely considered by a board until a situation arises where a decision they have passed is challenged. The objects and duties of a trustee of a pension fund are contained in sections 7C … Continue reading

When is a beneficiary a minor for pension benefits?

By Gennel Chettiar on March 20, 2017 Posted in General

If a right is vested in a child before 1 July 2007, the age of majority of the child is 21 years (not 18 years), including for prescription purposes. On 22 February 2017 the Pension Funds Adjudicator (PFA) made a determination in the matter of Maphoyisa v Municipal Gratuity Fund and Sanlam Life Insurance Limited … Continue reading

Marine war risk exclusions rejected and sue and labour expenses discussed where insured is faultless

By Gennel Chettiar on June 9, 2015 Posted in Insurance

An English court recently dealt with a case which brought marine war risk exclusions into the spotlight. In 2007 an underwater inspection of a vessel in Venezuela resulted in the discovery of 132kgs of cocaine strapped to its hull. The drugs were attached by unknown third parties. The vessel was immediately detained and eventually abandoned … Continue reading