The distribution of retirement fund death benefits: an analysis of the equitability and constitutionality of Section 37C of the Pension Funds Act 24 of 1956

In 1976, the legislature introduced a far-reaching amendment to the Pension Funds Act. The amendment was the insertion of s37C into the Act. Section 37C effected a fundamental change to the law of succession and the principle of freedom of testation. It did so by removing what, for many, is their most valuable property, from the reach of the law of succession or any other law and subjecting it to a sui generis statutory regime. Under this regime, the power to control the devolution of death benefits has been transferred from the individual who ‘owns' the benefit to the trustees of the pension fund. Trustees are, in turn, permitted to delegate their power. The result is that a stranger or a group of strangers have the power to select the beneficiaries of the deceased's principal asset from amongst the deceased's dependants, as defined, and any additional non-dependent nominated beneficiaries, with far-reaching and possibly life-changing consequences for those affected by the decision. The trustees are even permitted to make decisions that are contrary to, and arguably less equitable than, those of the individual, and yet their right to do so is recognised in law. Section 37C has been in existence for 40 years; its import, and impact, has increased significantly over the course of the past 20 years – yet most of those affected remain unaware of its existence. The study demonstrates that in its present form, s37C is both unconstitutional in its design and inequitable in its operation. As such, it is in urgent need of reform

Death and dependency: The meaning of 'Dependent' under Section 37C of the Pension Funds Act 24 of 1956

In a recent decision on the disposition of pension benefits in terms of s 37C of the Pensions Funds Act 24 of 1956 ('the Act'), the present Pension Funds Adjudicator, Mamodupi Mohlala, determined that cohabiting life partners who are financially inter-dependent on each other at the time of one partner's (the deceased's) death, automatically qualify to be treated as factual dependents of the deceased, and as such are entitled to be considered amongst the potential pool of beneficiaries when the trustees decide on an equitable distribution of the deceased's death benefits. The decision in point was that of Hlathi v University of Fort Hare Retirement Fund (PFA/EC/9015/2006), handed down on 18 March 2009. In reaching this decision the Adjudicator broke with the test for factual dependence of cohabitees established by her predecessor, Vuyani Ngalwana, in 2005 in Van der Merwe v Central Retirement Annuity Fund (PFA/EC/1566/02/KM). The approach adopted in Hlathi (supra) appears to have found favour with commentators in the industry (see for example Alexander Forbes Legal Department 'The legal status of cohabitees' in On the Scales, Alexander Forbes legal update (May 2009) in which it is stated that 'trustees will take comfort from this case, which recognises that interdependency is sufficient for the purposes of proving financial dependency between couples'), and accords with the previously expressed view of scholars, who would appear to be of the view that the present approach is to be preferred on both the law and on the equities (see for example Mtendekwa Owen Mhango 'An examination of the accurate application of the dependency test under the Pension Funds Act 24 of 1956' (2008) 20 SA Mercantile LJ 126). I would respectfully disagree, both with the adjudicator's decision and with the support it appears to have garnered in the industry

EFFECTIVE BODY POSITIONS FOR ROTATIONS ABOUT THE LONGITUDINAL AXIS - AN EXAMPLE IN FIGURE SKATING JUMPS

For successful quadruple jumps (QJ) in figure skating an extremely high angular velocity during the flight and a safe and clean landing on one foot are necessary. The moment of inertia (MOI) of the skater is a key factor of the angular velocity in the air. It is important to achieve the smallest MOI as fast as possible and to maintain it as long as possible. In this study seven different flight positions in three different phases of the flight have been identified, namely two positions in the phase from takedff to the closed position, three closed positions in the air and two positions in preparation for landing. Thus a method has been developed to identify individually best flight positions in QJ. Two closed flight positions were found as positions with the smallest M01, both with 17 Oh smaller MOI than the third closed flight position

Pathophysiological Role of Omega Pore Current in Channelopathies

In voltage-gated cation channels, a recurrent pattern for mutations is the neutralization of positively charged residues in the voltage-sensing S4 transmembrane segments. These mutations cause dominant ion channelopathies affecting many tissues such as brain, heart, and skeletal muscle. Recent studies suggest that the pathogenesis of associated phenotypes is not limited to alterations in the gating of the ion-conducting alpha pore. Instead, aberrant so-called omega currents, facilitated by the movement of mutated S4 segments, also appear to contribute to symptoms. Surprisingly, these omega currents conduct cations with varying ion selectivity and are activated in either a hyperpolarized or depolarized voltage range. This review gives an overview of voltage sensor channelopathies in general and focuses on pathogenesis of skeletal muscle S4 disorders for which current knowledge is most advanced

Loss of abdominal fat and improvement of the cardiovascular risk profile by regular moderate exercise training in patients with NIDDM

Erworben im Rahmen der Schweizer Nationallizenzen (http://www.nationallizenzen.ch

Association of Excessive Sleepiness, Pathological Fatigue, Depression, and Anxiety With Different Severity Levels of Obstructive Sleep Apnea

Objective: The aim of this study was to investigate possible associations between obstructive sleep apnea and fatigue. This naturally led to considering the association between OSA and excessive sleepiness, depression, and anxiety. Background: OSA is a highly prevalent sleep disorder, associated with a risk of hypertension, cardiovascular events, daytime sleepiness, poor cognitive function, and sudden death during sleep. Both excessive sleepiness, fatigue, and symptoms of depression are frequently reported. Method: 5,464 patients referred to a university hospital for obstructive sleep apnea underwent standard respiratory polygraphy. The severity of OSA was defined as either mild, moderate, or severe, using the apnea–hypopnea index. Validated questionnaires were used to assess excessive sleepiness, pathological fatigue, depression, and anxiety. Results: Nearly 70% of the patients were men, and median age was 50 (range: 16–89) years. One in three had moderate-to-severe OSA (AHI ≥ 15). Excessive sleepiness and pathological fatigue were present in 43 and 39%, respectively. The prevalence of possible depression and anxiety was 19 and 28%, respectively. The proportion of patients with male sex, obesity, and excessive sleepiness increased with the severity of OSA. In contrast, the proportion of patients with pathological fatigue did not increase with OSA severity, and there was a decrease in depression and anxiety with increasing OSA severity. Conclusion: Our study reports that pathological fatigue, as well as anxiety and depression, did not increase with OSA severity, whereas excessive sleepiness did. Knowledge concerning conditions related to OSA severity may be indicative of pretest probability of OSA and thus change the priority for polygraphy. Furthermore, the high prevalence rates of fatigue, anxiety, and depression among these patients warrant further investigations.publishedVersio

Abnehmende Bildungsungleichheiten? Der Einfluss von sozialer und ethnischer Herkunft im Bildungsverlauf

Das deutsche allgemeinbildende Schulsystem mit seiner frühen Stratifizierung (Allmendinger 1989) wird als relativ rigide angesehen und es wird häufig angenommen, dass die im Anschluss an die Grundschule gewählte Schulart den weiteren Bildungsweg größtenteils vorbestimmt. Doch gilt dies auch heute noch, nachdem seit einigen Jahren der Besuch von Fachoberschulen und Berufs- oder Fachgymnasien stark angestiegen ist und die Hochschulreife nicht nur über das traditionelle Gymnasium erworben wird? Und wichtiger noch: Können benachteiligte Gruppen - vor allem Kinder aus bildungsfernen Familien oder mit Migrationshintergrund - von diesen Veränderungen profitieren und ihren Abstand zu begünstigten Gruppen im Bildungsverlauf reduzieren? Diese zweite Frage ist unter bildungspolitischen Gesichtspunkten von erheblicher Relevanz, wenn Bildungspolitik den Anspruch hat, benachteiligten Gruppen im Bildungssystem größere Chancen zu eröffnen. Der vorliegende Beitrag geht dieser Frage auf Basis von Daten des Sozio-oekonomischen Panels (SOEP) für die Geburtsjahrgänge 1983 bis 1995 nach