President signs law allowing emergency access to retirement funds

Saturday, June 1, 2024

President Cyril Ramaphosa has signed into law the Revenue Laws Amendment Bill of 2023, which establishes a “two-pot” system that gives members of retirement funds access to retirement savings without having to resign or cash out entire pension funds.

The amendment law introduces a “two-pot” retirement system to address the concerns related to lack of preservation before retirement and lack of access to retirement funds by households in financial distress.

According to a statement by the Presidency, this retirement system comprises a savings and retirement component for contributions made after 1 September 2024, while historical retirement benefits will be housed in a vested component.

Individuals will have access to amounts in the savings component before retirement for times of financial distress, and the amounts in the retirement component are preserved until retirement.

“The primary objective of the two-pot retirement system is to provide flexibility for fund members to access their retirement savings during emergencies, without necessitating resignation.

“The reform introduced by the legislation strives to strike a balance between long-term security and immediate needs, recognising life's unpredictability,” said the Presidency.

It permits fund members to access a portion of their savings during crises, such as those seen during the COVID-19 challenges.

These changes ensure the retirement system remains responsive to diverse financial needs, supporting both long-term financial security and immediate assistance during emergencies.

Traditional retirement systems primarily focus on long-term savings, often lacking the adaptability to address immediate financial crises.

President Ramaphosa said: “While we are continuing the task of growing our economy to create more opportunities for all South Africans and reduce the financial vulnerability affecting many individuals and households, the new retirement system offers protection and dignity to those who need it the most to overcome financial stress.”

South African Institute for Drug-Free Sport Amendment Bill

Meanwhile, the President has also signed into law the South African Institute for Drug-Free Sport Amendment Bill, which effects a number of amendments that bring South Africa in line with the World Anti-Doping Code of 2021.

The World Anti-Doping Agency’s (WADA) role is to promote, coordinate, and monitor the fight against drugs in sports.

The South African Institute for Drug-Free Sport (SAIDS) is a public entity under the Department of Sport, Arts and Culture and is defined in the amended legislation as the national anti-doping organisation.

The legislative amendment also clarifies the powers of SAIDS.  

The SAIDS has  major role to play in preventing the use of prohibited substances in the South African and international sporting environment that are contrary to the principles of fair play and the health and well-being of athletes.

The amendments enacted by President Ramaphosa have been induced by a World Anti-Doping Agency review of relevant South African legislation in 2022. – SAnews.gov.za