Legal Advisor

Eskom Pension and Provident Fund

Location
Johannesburg, Gauteng
Minimum qualification
Bachelor's degree
Closing date

First listed . Last checked at source .

In brief

**Overview** The role of Benefits Processing Supervisor at Eskom Pension and Provident Fund involves overseeing various aspects of fund administration, including claims processing, data management, and compliance with legislative and fund rules. The supervisor will lead a team of administrators, support project initiatives, and contribute to the overall efficiency and integrity of the fund's benefit processing operations. The position is based in Bryanston. **What you will do** * **Oversee fund administration duties for administrators:** * Prepare up to date, accurate, monthly reports and statistics for the Claims Processing Manager (including SLA turnaround, claims backlog, ageing of unpaid and unclaimed benefits, and exception analysis). * Maintain the statistical records of members and prepare a submission to the EXCO meeting on a monthly basis. * Reconcile the statistics to the pension administration system, payroll and the Fund’s financial records. * Ensure that audit controls are in place and audit requests are closed timeously. Track internal audit, external audit and FSCA findings to closure. * Oversee benefits administrators’ responsibilities including; * Perform quality assurance on claim forms and supporting documents received according to applicable workflow, rules and legislation to ensure claims are accurate and compliant. * Validate the exit claim form to the exit movement received. * Ensure accuracy of all claim documentation and member information. * Verify applicability of member options to Fund Rule and Legislative requirements. * Validate manual tax directives for members with additional voluntary contributions. Ensure tax directives are obtained from SARS and correctly applied (including lump sum tax tables and IRP5 reconciliations). * Ensure that all data is accurately captured by benefits administrators into the system. * Validate the manual calculated Final Average Emoluments to ensure accurate application in the exit calculation in all areas. * Prepare information in readiness for a health check, ensuring accuracy of member data, information and applicable calculations. * Ensure that all ill health disability benefits applications are accurately and timeously captured and actioned. This includes validating medical evidence, obtaining medical adviser/Board approval and the periodic re-assessment of disability pensioners. * Ensure that Unclaimed Benefits Specialist traces beneficiaries within given timeframes and stipulated SLA’s and report on unclaimed benefits and tracing efforts in line with the Pension Funds Act and FSCA requirements. * Report on unpaid claims within required EPPF process and policy requirements. * Process and monitor pensioners information within given timeframes. * Check and monitor the daily maintenance of pensioner personal detail changes before the closing of payroll. * Ensure that contact details of pensioners are maintained and correct for distribution and for pensioner functions invitations by the CRM’s. * Check and monitor the verification of pensioner existence on the updates done from the EOS Receipt process. * Suspend pension benefits for the non-submission of EOS and on an ad hoc basis for pensioner traced by the Social Workers. * Reinstate pension benefits after suspension of benefits for non-submission of EOS. * Suspend pensioners that are confirmed deceased by the Department of Home Affairs on a monthly basis before the close of Payroll and initiate recovery of any pension overpayments made after the date of death. * Review and approve benefit payments within delegated authority, ensuring segregation of duties, dual authorisation and payment within the timeframes prescribed by the Pension Funds Act and Fund Rules (including interest on late payments where applicable). * Oversee the processing of Two-Pot savings withdrawal benefits (where applicable), including tax directive requests and compliance with the applicable withdrawal rules. * Ensure fraud-prevention controls are applied to claims and payments, including FICA-compliant member verification, bank account verification and proof-of-life/existence checks. * Manage and respond to member, pensioner and beneficiary complaints and escalations, including Pension Funds Adjudicator and FSCA queries, within prescribed timeframes. * Identify, escalate and report operational risks, incidents, errors and POPIA-related breaches, and implement corrective actions. * **Project Management support:** * Participate in the Fund’s overall projects e.g., Defined Contribution Conversion, Business Process Re-engineering, system enhancements and automation initiatives, amendment of the Fund’s Rules, contributing expertise to enable project objectives to be met. * Draft reports as part of the project deliverables. * Participate in user acceptance testing (UAT) and the implementation of system changes. * **Provide support to the Benefits Processing Manager:** * Keep abreast with changes in relevant guidelines and other legislation, to make recommendations where policies and procedures need to be amended. * Recommend processes and procedures that are relevant to the section and enhance service delivery. * Ensure procedure manuals, process maps and system user guides are reviewed at least annually, aligned to the Fund Rules and legislation, and communicated to the team. * **Maintain Member / Pensioners System Data:** * Verify and forward all data updates for authorisation before Payroll close through the workflow process. Ensure no changes are processed without supporting documents and appropriate authorisation (maker-checker). * Maintain data integrity by following up on the exception reports and making the required updates. * Ensure that the system is aligned to processes in terms of technical specifications by conducting necessary testing and confirmations before finalising the documents. * Ensure that the correct procedure is followed in terms of the Transfer In process (Section 14 transfers, including verification of transfer values and approvals) and update the system with the correct values paid into the Fund’s account. * Follow up on the exception report after the monthly contribution update and delegate to Administrators to update the system. * Check and monitor divorce calculation of settlement amounts for manual and MIR calculation according to the rules of the Fund. * Forward the request for the DSD adjustment to the Actuary after payment of the divorce and update the member record with the revised DSD. * Monitor and check system and website outputs, Monthly Statistical Reports, Deferred pensioner estimates at retirement and annual statements, members benefits statements, Additional Benefit Tax Certificates, IRP5 tax certificates and Maintenance of Divorce Records. * Ensure that the quality performance standard is maintained by complying with the expected SLA in terms of enquiries from other stakeholders. * Ensure member and pensioner personal information is processed, stored and shared in compliance with POPIA, and report any data breaches immediately. * Ensure monthly and annual reconciliations between the pension administration system, payroll and general ledger are completed and exceptions resolved. * **People Leadership:** * Manage planning of resource requirements, ensure sufficient capable resources are in place to meet service delivery demands, maintaining the effective and efficient capability of the department. * Build a high performing team where the best people are deployed in the right roles and deliver against strategy. * Ensure that all employees are motivated and developed, with individual development plans and succession cover for critical roles. * Manage employees’ performance and ensure that their individual and collective performance is of the required standard. * Implement and maintain an effective system of internal controls and delegations of authority for the department, to ensure accountability for decisions made. * Inspires, aligns and engages employees around the vision and strategy of the Fund, maximising employee engagement and willingness to invest discretionary effort. * Allocate and monitor workloads, manage backlogs and SLA performance, and approve leave and overtime within delegated authority. * Ensure the team is trained and assessed on Fund Rules, legislative changes, fraud awareness and POPIA, and maintain a skills matrix for benefit types (exits, retirement, death, disability, divorce and Two-Pot). * Conduct regular one-on-one sessions, performance reviews and coaching, and manage disciplinary and labour relations matters in line with the Labour Relations Act and Fund policies. * **Contribution handling:** * Manage the allocation and reconciliation of member contributions to ensure that all contributions are correctly recorded. Monitor receipt of contributions from Eskom and other participating employers within the statutory period (Section 13A of the Pension Funds Act) and escalate late or non-payment for reporting to the FSCA. * Investigate and resolve contribution exceptions, unallocated contributions and employer/pay point discrepancies, and ensure retrospective adjustments to member records are accurate and authorised. * **Contribute to the team:** * Provide assistance to internal and external auditors and regulatory inspectors (e.g., FSCA) with annual audit. * Assist with follow up audit recommendations. * Liaise with Eskom employer HR, other Member Services staff and Accounts on member and pensioner data maintenance. * Adhere to quality performance standards. * Ensure all engagements are member centric and aligned to Treating Customers Fairly (TCF) principles. * Participate in EPPF’s projects, contributing knowledge of data maintenance policy and procedures. * Maintain confidentiality and apply the Fund’s code of conduct, conflict-of-interest, anti-fraud and whistle-blowing policies. **Requirements (from the original advert)** * **TECHNICAL COMPETENCY REQUIREMENTS:** * Working knowledge of Pension Fund Rules (including registered Rules, Rule amendments and Board/FSCA-approved interpretations). * Working knowledge of the Pension Funds Act 24 of 1956 (including Sections 14, 37A, 37C and 37D), Income Tax Act 58 of 1962 (taxation of retirement benefits and SARS tax directives) and Divorce Act 70 of 1979 (Section 7(7) and 7(8)); basic knowledge of Maintenance Act 99 of 1998 and Protection of Personal Information Act 4 of 2013 (POPIA). * Working knowledge of Benefit administration. * Working knowledge of Section 37C of the Pension Funds Act: tracing of dependants and nominees and equitable allocation of death benefits (lump sums and dependants’ pensions). * Working knowledge of the Two-Pot Retirement System (vested, savings and retirement components and savings withdrawal benefits) and its application to the Fund Rules. * Working knowledge of FSCA Conduct Standards, Pension Funds Circulars and Pension Funds Adjudicator determinations relevant to benefit payments and complaints. * Working knowledge of tax processes. * Knowledge of Defined Benefit and Defined Contribution benefit structures. * Knowledge of FICA, fraud-prevention and member verification requirements (proof of life, bank account verification). * Proficiency in the Fund’s pension administration system and MS Excel, with the ability to interpret exception and reconciliation reports. * **BEHAVIOURAL COMPETENCY REQUIREMENTS:** * Leadership * Self Mastery * Execute with excellence * Customer Centric * Agile * **REQUIRED MINIMUM EDUCATION/TRAINING:** * Relevant NQF Level 7 Bachelor’s. * Registered with professional bodies - where applicable. (e.g., Institute of Retirement Funds Africa (IRFA). * Relevant Industry Diploma – NQF Level 6 qualification in retirement fund administration or benefits (e.g., IRFA or equivalent). * A supervisory or management development programme is advantageous. * **REQUIRED MINIMUM WORK EXPERIENCE:** * At least 8 years retirement fund / pension benefit administration experience which should include at least 3 years’ experience in a supervisory or team-leader role. **Who should apply** This role is suited for an experienced professional with a strong background in retirement fund and pension benefit administration, including at least three years in a supervisory or team-leader capacity. The ideal candidate will possess deep technical knowledge of pension fund rules, relevant South African legislation (Pension Funds Act, Income Tax Act, Divorce Act, POPIA), and benefit administration processes, including the Two-Pot Retirement System and Section 37C. They should be proficient in pension administration systems and MS Excel, capable of leading a team, ensuring compliance, driving process improvements, and maintaining data integrity. Behavioural competencies such as leadership, self-mastery, execution excellence, customer-centricity, and agility are essential. Candidates should hold a relevant NQF Level 7 Bachelor’s degree or an NQF Level 6 industry diploma in retirement fund administration or benefits, with a supervisory or management development programme being advantageous. **Deadline** Not specified **Reference** Original posting: https://www.myjobmag.co.za/job/benefits-processing-supervisor-bryanston-eskom-pension-and-provident-fund Source: myjobmag

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At a glance

    • Microsoft Office
    • Agile / Scrum

    Extracted automatically from the advert; confirm requirements on the original listing.

    Job description

    Provide legal counsel/advice * Render professional legal advice to ensure all actions/resolutions regarding matters relating to the Fund comply with statutory requirements. * Provide legal advice/assistance in the application of legislative prescripts, including the rules of the Fund. * Provide advice to internal stakeholders across the range of legal interests, risks and obligations. * Guide the fiduciary responsibilities of Trustees and management through the provision of sound advice on issues identified and queried. * Investigate facts, research and apply legal principles to formulate and communicate legal opinion and/or documents. Contract management * Compile and review referred agreements in terms of recognized best practice and business requirements. * Negotiate the terms of the contracts when necessary, achieving EPPF’s best interests. * Provide legal advice to the Fund on the implications of contracts, minimising legal risk. * Make alterations and/or negotiate alterations to contracts to protect the interests of the Fund. * Resolve contractual disputes in the interests of the Fund. * Deal with contract exit management appropriately, minimising risk. * Maintain a repository and database of all Fund contracts, which are approved and accessible. Perform legal duties and administration oversight, including participation in Fund-wide Projects/ Initiatives * Oversee the quality and output of the Junior Legal Advisor, ensuring their performance is regularly monitored and coaching them for development and continuous improvement. * Lead the legal, taxation, statutory and general interfaces within and between the EPPF and its stakeholders in compliance with the Pension Fund Act and associated regulations. * Maintain adherence to the Financial Sector Conduct Authority (FSCA) requirements. * Ensure receipt of summonses and court related documents served on the EPPF in accordance with appropriate procedure. * Take the lead in advising on  disputes  and any related processes * Investigate and compile reports outlining action plans related to summonses and court orders. * Draft standard documentation e.g. acknowledgement of debt, rules and contracts. * Resolve legal disputes by liaising with external parties verbally and in writing e.g. member complaints. * Maintain the legal records as required by law and make available when required by the authorized people. * Manage and maintain the Fund attorney database. * Provide input in the administration of the EPPF Rules by overseeing the maintenance of a library of documents related to rules and benefits and updating the rule-book as necessary. * Draft various legal communications based on information provided, with proper consideration to legal implications of response. * Provide inputs in the compilation of annual audit report, at financial year-end within stipulated time frames. * Provide legal advice or comments on reports that have to be tabled before management. * Manage the section’s budget contribution by reconciling all budget activity (invoices) for consolidation and report to the Governance and Assurance Executive. * Lead and Participate in different Fund committees and strategic initiatives/ project. Manage legal action * Manage the process of litigation and provide necessary support to external legal service providers. * Brief attorneys to institute legal proceedings in defence of the Fund. * Conduct investigations to ensure an accurate factual basis is established on designated issues, preparing case files and drafting documentation. * Research applicable legal principles and Pension Fund Rules to establish a legal position. * Manage resources and litigation process, protecting the EPPF’s interests and minimising costs. * Represent EPPF at statutory inquiries, administrative or any other proceedings as and when required. * Receive and conduct an initial evaluation of court processes served on the Fund, provide advice on approach to be adopted by the Fund. * Implement recommendations of the Attorneys, when required, regarding court cases and legal administrative affairs. Manage legislative compliance * Draft regulatory updates to Management and relevant Board structures as required, in order to create regulatory development awareness in the Fund and to transfer knowledge. * Monitor that the Fund meets its statutory obligations in terms of members and the Employer’s responsibilities, following up appropriately to achieve compliance. * Assess statutory compliance in terms of relevant legislation throughout the Fund. * Assess company risk in terms of legislative requirements and make recommendations which minimize negative impact. * Coordinate training in new pertinent legislation throughout the Fund. Requirements REQUIRED MINIMUM EDUCATION/TRAINING * LLB, BCom Law, or similar qualification. * Registered with professional bodies – (advantageous). * Admitted Attorney. REQUIRED MINIMUM WORK EXPERIENCE * At least 8 years post admission job-related experience. * Experience at a pension fund or in a similar environment would be an added advantage. TECHNICAL COMPETENCY REQUIREMENTS * Knowledge of Financial Services Industry Laws (PFA, FSRA, etc), regulations and other related guidance instruments issued by the Financial Sector Conduct Authority. Working knowledge of: * Retirement Fund Law. * Income Tax Act. * Labour Relations Act. * Divorce Act. * Litigation. * Cooperate Laws. * Regulatory Landscape impacting retirement fund investment. * PE deal structures and terms, conduct due diligences, and advise on the terms of the deal. * Reviewing, drafting, and negotiating contracts with a focus on business transactions and commercial agreements. * The ability to use standard software packages (e.g. Microsoft Office) and to learn bespoke packages if required. * Excellent negotiation, drafting, and analytical skills. * Drafting and presenting reports. * Experience in dispute resolution, Litigation Management and Cost. * Competence in risk management is highly recommended. BEHAVIOURAL REQUIREMENTS * Leadership. * Self-Mastery. * Execute with Excellence. * Customer Centric. * Agile.

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    Legal Advisor at Eskom Pension and Provident Fund | SPANi - South African Jobs