Members Rights
RIGHTS AND OBLIGATIONS OF MEMBERS IN A RETIREMENT BENEFITS SCHEME
I. GENERAL RIGHTS OF MEMBERS
Scheme members have a right to –
- Subject to eligibility, an employee has a right to non-discrimination to membership of the employer’s pension scheme
- fair treatment when dealing with trustees and any service providers appointed by the trustees.
- receive a summary of the audited financial statement of the scheme
- participate in members’ days organized by the scheme (if any)
- participate in retirement planning seminars organized by the scheme (if any)
- question any anomalies within the audited accounts of the scheme
- right to good governance of the scheme
- right to data protection through privacy by design and default
- right to prudent management of scheme expenses
II. RIGHT TO INFORMATION
Scheme members have a right to receive information including—
- the scheme’s trust deed and rules or the statutory instrument that established the scheme;
- annual membership benefits statements clearly showing all accrued benefits;
- the annual report from the trustees presented at the Annual General Meeting of the scheme including any changes to the scheme benefits and contribution structure;
- a summary of the scheme’s audited financial statements/audited accounts within 30 days of submission to Authority;
- a summary of the scheme’s investment report;
- a summary of the remuneration of trustees;
- right to inspect the registers with details of scheme sponsor, members, trustees and service providers available at the Retirement Benefits Authority free of charge; and
- notice of scheme Annual General Meeting and the agenda at least 14 days before the set date of the AGM.
III. RIGHT TO BENEFITS ACCESS AND PRESERVATION
Member rights in relation to benefits include—
- the immediate vesting of benefits;
- the right to opt for partial payment, transfer or deferment of benefits on exiting from a scheme within 30 days;
- the right to transfer accrued benefits to another registered scheme within sixty days of issuing a written notice to transfer or within such period that may be prescribed in the Act or regulation made thereunder;
- to access benefits at retirement and be paid within 30 days after retirement upon application;
- non-assignment or attachment of benefits without consent to settle any claim including a loan balance, execution of judgement, or bankruptcy or for any purpose not prescribed under the Act or regulations made thereunder;
- commutation one third of pension benefits as prescribed in the regulations;
- one year’s notice to select an annuity or income drawdown provider, where applicable;
- to nominate a beneficiary of choice in the event of death
- exclusion of death benefits from the estate of the member for the purpose of succession;
- restriction on use of scheme funds to make direct or indirect loans
- use part of benefits to secure a mortgage loan or purchase a residential house;
- transfer of unclaimed benefits upon winding up of a scheme to UFAA;
- deducted contributions to be remitted to the scheme within fifteen days after the deduction
- to share in the investment returns of the scheme
- to share in the surplus of scheme in case of a DB scheme
- to participate in a PRMF where provided
- to instruct the trustees on the bank account where the benefits should be paid
IV. DISPUTE RESOLUTION RIGHTS
- right to appeal any decision of trustees of the scheme or service providers to the CEO, RBA
- right to appeal the decision of the Authority or CEO to the appeals tribunal
- right to file a complaint on the governance of the scheme or payout of benefits
- Member has the right to file a complaint or claim for a pension benefit for whatever reason with the Retirement Benefits Authority for investigations
V. SCHEME GOVERNANCE RIGHTS
- Right to disclose any unusual and abnormal occurrences in confidence to the board of trustees or the Retirement Benefits Authority
- Right together with other member to elect their representatives in the board of trustees for the scheme
- right to get adequate notice to attend and reasonable opportunity to participate and raise questions in a scheme AGM
- right to interrogate the scheme’s affairs
- right to vote for an election of trustees of schemes unless it is a corporate trustee and notwithstanding the contribution size
- right to representation in the board of trustees
- right to report any unusual occurrences in respect of the scheme to the trustees or Authority
- election of members representatives to the board of trustees unless a corporate trustee has been appointed as the sole trustee;
VI. MEMBER OBLIGATIONS
- obtain and make every effort to understand the scheme’s documentation including the trust deed and rules or the statutory instrument that established the scheme;
- seek guidance from trustees or the administrator on any matter that is unclear or over which there is a dispute;
- make reasonable efforts to attend information briefing sessions where invited including annual general meetings and member education days;
- provide all necessary information as required under the scheme rules or the statutory instrument that established the scheme. Such information shall be accurate and timely to allow service providers carry out their functions effectively;
- conduct himself or herself with decorum and respect when dealing with trustees and service providers; and
- any other obligation prescribed by the Act, regulations made thereunder or any other written law.
