Trustees’ duty to exercise independent discretion on withholding pension benefits
If an employer requests that provident fund benefits be withheld from an employee due to misconduct, the trustees of the fund must still independently exercise their discretion to satisfy themselves that a sufficient case against the employee has been established, in order to withhold the benefit.
The Financial Services Tribunal has again considered the withholding of benefits by a fund where the employer alleged fraud, theft or misconduct on the part of a departing member.…
