New rules for provident funds (2024)

The amendments aim to simplify legislation governing retirement products and analyse benefits at retirement, for example, how much can you withdraw at retirement and what are the tax implications?

  • 5 minutes
  • 2021/04/13
  • Retirement Planning

On the 1st of March 2021, the latest Taxation Law Amendments Bill formally came into effect. It includes changes to the laws that govern retirement funds including provident, pension, preservation and retirement annuity funds. Some of the amendments aim to improve consistency across the different retirement fund products.

This article deals with the new rules applicable to provident and provident preservation funds which impact how their benefits can be used upon retirement.

Prior to the recent amendments, provident fund members would be entitled to withdraw their entire fund value as a lump sum at retirement (earliest retirement age of 55). This differs from other retirement vehicles where 2/3rds of the proceeds must be used to purchase a living or guaranteed annuity.

The bill addresses this anomaly by bringing provident funds in line with other retirement vehicles that are subject to the partial annuitisation of their benefits.

How will my provident fund be impacted?Any contributions made to your provident fund prior to the 1st of March 2021, including the growth thereon, are deemed to be the ‘vested’ portion of your provident fund and will not be subject to the 2/3rds annuitisation rule. At retirement, existing provident fund members will be able to withdraw the entire value of the vested portion of their investment as a lump sum as originally permitted.

However, from the 1st of March 2021, provident fund members who are younger than 55 years of age will see any further contributions on or after 1 March, and the growth thereon, deemed as the ‘non-vested’ portion of their fund, the value of which will be subject to the 2/3rds annuitisation rule upon retirement.

The current legislation that allows for any member of a pension fund or retirement annuity – whose fund value is R247,500 or less at retirement – to take the full benefit as a lump sum remains in place for both the vested and non-vested portions of a provident fund.

A provident fund member who is 55 years or older at the 1st of March 2021 will not be subject to the new rules for provident funds, regardless of whether further contributions are made from the date the amendments came into force. This means they are allowed to withdraw the entire value of the fund as a lump sum, provided that any further contributions are made to the existing provident fund.

Members over the age of 55 who leave their current provident fund to join a different fund will see their contributions, and growth thereon, made to that fund become subject to the 2/3rds annuitisation rule.

Practical examples of the new provident fund rules

Tax year 2022: Retirement & Death Benefits or Severance Benefits

Taxable income (R) Rate of tax (R)
1 – 500 000 0% of taxable income
500 001 - 700 000 18% of taxable income above 500 000
700 001 – 1 050 000 36 000 + 27% of taxable income above 700 000
1 050 001 and above 130 500 + 36% of taxable income above 1 050 000

Mr. Smith is currently 55 years of age and has been a member of the ABC provident fund for the past 30 years. He plans to retire at the end of this year.

At retirement Mr. Smith’s provident fund is valued at R2,150,000. Under the new rules, he would still be able to withdraw the entire fund value as a lump sum, which would then be subject to tax as per the above table.

Mr. Smith decides to push out his retirement age to 65. On the 1st of March 2021, his provident fund is valued at R2,150,000 and he and his employer each contribute a monthly amount of R4,000 towards the ABC provident fund. At retirement, his estimated fund value is R5,378,352 assuming an 8% return per annum.

At retirement Mr. Smith will be able to withdraw the entire value as a lump sum, subject to tax, as he did not leave the ABC provident fund.

Mr. Smith still plans to retire at 65. On the 1st of March 2021, his ABC provident fund is valued as per the previous example. But instead of staying with ABC, he moves to XYZ provident fund where he also contributes R4,000 per month until his retirement.

Mr. Smith would be able entitled to withdraw the entire fund value of R4,641,689 he accumulated with ABC provident fund (the R2,150,000 plus growth) as a lump sum vested portion, again subject to tax.

His accumulated fund value with XYZ provident fund of R736,666, which would be classified as non-vested, would then be subject to annuitisation and he would only be able to withdraw 1/3rd of the fund value as a lump sum, with the remaining 2/3rds used to purchase an annuity.

Options for your non-vested provident fund amount

It’s important to know the value of your vested and non-vested provident fund portions but keeping track of those balances is the responsibility of the fund and not the member.

Record keeping of all provident fund benefits would need to clearly distinguish between the value of the member’s vested and non-vested portions. This helps to ensure the correct treatment of each portion at retirement.

When it comes to handling the non-vested portion of your provident fund, there are two primary annuity products that you can choose from:

1. Living annuity

This investment vehicle offers investors the chance to expose their savings to market-related returns that have the potential to match or beat inflation. The mix of underlying investment options (share portfolios, ETFs and unit trusts) can be altered as your needs and risk profile changes. By law, you are allowed to draw an income at a rate of between 2.5% and 17.5% of your living annuity’s value, which gives you some flexibility as your cash flow demands change. Tax is payable on the income received from the living annuity and is deducted by the product provider on your behalf.

Upon your death, your beneficiaries can choose to cash out the full benefit (subject to tax) or continue receiving the living annuity income or opt for a hybrid between these two options.

2. A guaranteed/traditional annuity

This investment option pays you a regular income in return for a lump sum investment, where the level of income is guaranteed to either increase periodically, or remain fixed; it will never decrease. You also have the option to stipulate whether the benefit must be paid to you for the remainder of your life, or for some specified term – the timeframe chosen will impact the level of income you receive in return for your lump sum investment.

The benefit of a guaranteed/traditional annuity is that there is no capital risk, i.e., negative market movements will not impact your annuity income amounts. However, higher-than-expected inflation could negatively affect your buying power in the long run.

I encourage you to reach out to us, or your wealth manger, should you be unsure about the implications of the new provident fund rules in respect to your financial position.


Retirement provision is one of the most critical aspects of every individual's investment portfolio. With less than 6% of South Africans able to retire in comfort, planning for retirement is the most important thing you can do for your future today. Partner with us today for your retirement planning needs.

New rules for provident funds (2024)

FAQs

What is the new law for provident fund in South Africa? ›

The 2022 Draft Revenue Laws Amendment Bill contains key amendments on retirement reform to move towards a “two-pot” retirement system. The amendments enable South Africans to also save for non-retirement purposes (e.g. emergencies) via their retirement funds, whilst preserving more of their savings for retirement.

How much of my provident fund can I withdraw? ›

So, while it is safe to assume that you will be able to access nearly 100% of your funds when you retire from your provident fund, any contributions and growth on those contributions after March 1 2021 (the non-vested portion) will be subject to a maximum cash commutation of one-third and the remaining two-thirds will ...

How much provident fund will I get? ›

Employee Contribution to EPF

The employee contributes 12 percent of his or her basic salary along with the Dearness Allowance every month to the EPF account. For example: If the basic salary is Rs. 15,000 per month, the employee contribution shall be 12 % of 15000, which comes to Rs 1800/-.

What will happen to your retirement funds on March 1 2021? ›

FROM 1 MARCH 2021, retirement benefits from provident funds will be treated in the same way as pension funds. The changes mean that members will have to buy a pension (living or life annuity) from a registered insurer with at least two-thirds of their retirement benefit unless the total benefit is R247 500 or less.

What is the new changes in provident fund? ›

Interest on contributions of over ₹ 2.5 lakh is taxed from the employee yearly. The contribution threshold is increased to ₹ 5 lakh if an employer is not contributing towards the EPF of an employee. Only the excess contribution above the threshold is taxed, not the total contribution itself.

Do you get your full provident fund when you resign? ›

You get the company contribution invested in your fund plus the net investment return earned thereon (ie you get your full fund balance - net of any tax that may be due - when your resign).

How does Provident Fund pay out? ›

What can we do? You should receive your provident fund payout within 21 days if your tax affairs are in order and all the required documents (such as a copy of your ID, a completed instruction form stating where the money should go, and proof of banking details) have been sent to the fund by your employer.

What benefits do I get if I resign? ›

Benefits on resignation

When a member resigns or is discharged from government service, he or she receives a resignation benefit. The GEPF offers two options for the payment of the resignation benefit: Have it paid into a bank account as a cash lump sum; or. Transfer it to an approved pension preservation fund.

How long does it take to get provident fund money after resigning? ›

If you resigned mid-month, the fund would only receive your last contribution around month end, so the dealt is not as long as you imagine. Assuming your tax affairs are in order, a pay-out usually takes around 4-8 weeks from that point.

Is provident fund paid monthly? ›

If no cash lump sum is taken, your full benefit will be paid monthly, resulting in a higher pension. As a member of a provident fund, you can choose to take your entire retirement benefit as a lump sum. A portion of this may be tax-free, but you will be taxed on the portion that is not exempt.

What is minimum provident fund? ›

Employer's Contribution towards EPF

The minimum amount of contribution to be made by the employer is set at a rate of 12% of Rs. 15,000 (although they can voluntarily contribute more). This amount equals Rs. 1,800 per month.

Can I check my provident fund balance? ›

If you have registered your UAN with EPFO (Employee Provident Fund Organisation), you can check your PF balance quickly by sending an SMS. All you need to do is send a text message to 7738299899. The text message should include 'EPFOHO UAN ENG.'

Can SARS take your provident fund? ›

SARS does not use your retirement fund lump sum to deduct tax that you owe in respect of income - this is not permitted by the Pension Funds Act. But SARS does require you to submit outstanding returns and pay amounts that are long overdue before issuing your tax clearance certificate.

How much can I withdraw from my pension fund tax free? ›

While the main aim of a pension is to give you an income throughout your retirement, you have the flexibility to take out lump sums whenever you want from the age of 55 – and, in most cases, up to 25% of the total value of your pension can be withdrawn tax free.

Can you withdraw retirement funds early? ›

You can withdraw money from your IRA at any time. However, a 10% additional tax generally applies if you withdraw IRA or retirement plan assets before you reach age 59½, unless you qualify for another exception to the tax.

What is the salary limit for EPFO 2022? ›

Contribution to be paid on up to maximum wage ceiling of 15000/- even if PF is paid on higher wages. 2. Each contribution is to be rounded to nearest rupee. (Example for each employee getting wages above 15000, amount will be 75/-) 3.

Is PF always 12% of basic? ›

The contribution of an employer towards the employee's EPF account is 12% of the salary (basic salary+ dearness allowance+ retaining allowance). The maximum salary limit on which the employer's contribution is calculated is capped at Rs. 15,000.

What is the salary limit for PF 2021? ›

The labour ministry may be looking to expand the coverage of the employers' provident fund to millions of workers by increasing the wage ceiling for mandatory EPF benefits to ₹ 21,000 a month. The wage ceiling for mandatory EPF benefits is currently set at ₹ 15,000.

When can I claim my provident fund? ›

To claim your benefit, you must have resigned or retired from your employer. You must then complete a withdrawal notification form, and submit this, with required supporting documentation, to your HR department.

Can a company force you to take a lump sum pension? ›

For retirees, taking a lump sum is entirely voluntary. However, behavioral economists have found that people tend to value money that's right in front of them over money they will get in the future, even if the total over time would be greater.

How much will I be taxed if I resign? ›

When you resign, you are allowed access to only R25,000 tax free – a SARS regulation. Any amount over that is taxed at a significant 18%. Withdraw more than R660,000, your tax rate is 27%, and 36% on amounts over R990,000.

Who is eligible for provident fund? ›

All employees drawing a salary are eligible for EPF. Moreover, it is compulsory for all employees earning less than ₹15,000 to register for the EPF. However, employees earning more than ₹15,000 can also voluntarily stay in the EPF scheme.

Which is better pension or provident fund? ›

In a sense, the benefits of a pension fund are more like an annuity, while the benefits of a provident fund offer considerably more payout flexibility. The other major difference lies in the compulsory nature of all provident fund contributions.

Who gets pension fund after death? ›

Death while in service:The benefit paid is based on the member's period of pensionable service. It is payable to the beneficiaries of the deceased member or, if there are no beneficiaries, to the member's estate.

Do you lose your pension if you resign? ›

If your retirement plan is a 401(k), then you get to keep everything in the account, even if you quit or are fired. The money in that account is based on your contributions, so it's considered yours.

How do I resign immediately from stress? ›

Top 5 Resignation Letter Due to Health and Stress Letter Writing Takeaways
  1. Remember that you should be grateful for your time in the position. ...
  2. Emphasize that this is not a voluntary exit. ...
  3. Curtail any emotional language other than professional thanks. ...
  4. Provide a specific statement of your resignation.

What happens to retirement when you leave a job? ›

After you leave your job, there are several options for your 401(k). You may be able to leave your account where it is. Alternatively, you may roll over the money from the old 401(k) into either your new employer's plan or an individual retirement account (IRA).

What is happening with Provident claims? ›

At the time of its closure last December, Provident wiped tens of thousands of existing customers' loans, saying it would no longer collect repayments – though it continued to accept mis-selling claims until 28 February 2022.

Can you resign and leave immediately? ›

While it's usually ideal to provide a notice of at least two weeks before resigning from a job, it's not always possible. There are several valid reasons to resign from a job without a notice period. These include: Personal crisis.

What is the average pension payout per month? ›

The average Social Security income per month in 2021 is $1,543 after being adjusted for the cost of living at 1.3 percent. How To Maximize This Income: Delay receiving these benefits until full retirement age, or age 67.

How many types of provident fund are there? ›

Employees' provident fund is classified into 4 categories: Statutory Provident Fund, Recognized Provident Fund, Unrecognized Provident Fund and Public Provident Fund.

Is PF compulsory for all employees? ›

Any organisation that has 20 or more employees is liable to maintain a provident fund account for its employees. There is no limit to the employees' contribution to PF, he can contribute up to 100% of his Basic + DA (PF Wages) towards PF, but it must be a minimum of 12 per cent of the same.

What is the maximum PF limit? ›

In Union Budget 2021-22, the finance minister announced capping of tax-free annual PF contributions to ₹2.5 lakh to avail tax-free interest income, but later raised this limit to ₹5 lakh for such funds where employers do not contribute, a move that benefited only government employees, the two said on condition of ...

Is PF mandatory for salary above 21000? ›

Under the current rules, any company with more than 20 employees must register with the EPFO and the EPF scheme is compulsory for all employees earning less than ₹15,000. The increase in the limit to ₹21,000 will bring more workers under the retirement scheme.

How do I check my provident? ›

Give a missed call to 011-22901406 from your registered mobile number. After placing a missed call, you will receive an SMS with your PF details.

How do I contact provident fund? ›

CONTACT US
  1. Call Center: 086 066 2837.
  2. Tel: 012 748 4000, 012 346 1738.
  3. Fax: 086 693 7472.
  4. Email: enquiries@pfa.org.za.
  5. Postal Address:
  6. Working Hours:

How can I check my PF account online? ›

https://www.epfindia.gov.in IS THE ONLY OFFICIAL WEBSITE OF EPFO.

How much will I get if I resign in South Africa? ›

Payment instead of notice.

The employer also has the right to refuse such a request from the employee. What payments can I expect when I resign ? Generally, upon resignation or dismissal, an employee is entitled to be paid the notice pay where applicable, salary up to last day worked, plus any outstanding leave pay.

How much must you earn to pay tax in South Africa? ›

R91,250 if you are younger than 65 years. If you are 65 years of age to below 75 years, the tax threshold (i.e. the amount above which income tax becomes payable) is R141,250. For taxpayers aged 75 years and older, this threshold is R157,900.

How can I check my provident fund in South Africa? ›

To check your EPF account balance, you have to send an SMS to 7738299899. The message needs to be sent in this format: EPFOHO UAN. To receive this message in any other language other than English, the first three characters of the preferred language need to be added along with the message.

How can I avoid tax on my pension withdrawal? ›

Ways to reduce tax on your pension however include:
  1. Not withdrawing more than you need from your pension each year.
  2. Utilising a drawdown scheme so that you can vary your yearly pension income.
  3. Taking out small pension pots in one lump sum to benefit from 25% being tax free.
  4. Avoid drawing large pensions in one go.
26 Apr 2022

Can I take my pension at 55 and still work? ›

The short answer is, yes you can. There are lots of reasons you might want to access your pension savings before you stop working and you can do this with most personal pensions from age 55 (rising to 57 in 2028).

Should I take a lump sum pension or monthly payments? ›

In most cases, the lump-sum option is clearly the way to go. The main difference between a lump-sum and a monthly payment is that with a lump-sum option, you get to have control over how your money is invested and what happens to it once you're gone. If that's the case, then the lump-sum option is your best bet.

How can I access my retirement early? ›

Take advantage of the rule of 55

This is commonly referred to as the rule of 55. If you want to access all of your retirement savings, you can roll over old 401(k)s and IRAs into your current 401(k) just before you separate from service. Then, when you leave your job, you can start making withdrawals without penalty.

What qualifies as a hardship withdrawal? ›

A 401(k) hardship withdrawal is allowed by the IRS if you have an "immediate and heavy financial need." The IRS lists the following as situations that might qualify for a 401(k) hardship withdrawal: Certain medical expenses. Burial or funeral costs. Costs related to purchasing a principal residence.

How do I withdraw money after retirement? ›

Options for Withdrawing Money from a 401(k) When You Retire
  1. Lump-sum distribution. ...
  2. Periodic Distributions from 401(k) ...
  3. Buy an Annuity. ...
  4. Roll Money into an IRA. ...
  5. The 4% withdrawal rule. ...
  6. Fixed-dollar withdrawals. ...
  7. Fixed percentage withdrawals.

Is a provident fund compulsory in South Africa? ›

It is important to note that there is no compulsory preservation before retirement (i.e., an employee who leaves employment at any time before retirement may choose to take the full balance as a cash lump sum, less tax), and there are no current proposals to change this.

How much is provident fund in South Africa? ›

Member contribution: minimum 5.25% of member's monthly pensionable salary. Employer contribution: minimum 5.25% of member's monthly pensionable salary.

What is Section 37C of the Pension Funds Act? ›

Section 37C regulates the distribution and payment of a lump sum benefit payable on the death of a member of a pension fund, provident fund, pension, provident preservation fund, and retirement annuity fund, also known as a death benefit.

How does provident fund pay out? ›

What can we do? You should receive your provident fund payout within 21 days if your tax affairs are in order and all the required documents (such as a copy of your ID, a completed instruction form stating where the money should go, and proof of banking details) have been sent to the fund by your employer.

Who must pay provident fund? ›

By law employers must pay across contributions deducted from employees to the provident fund on a monthly basis. When contributions to the Fund are outstanding for 60 days, members of the Fund will be notified via sms.

Is it compulsory for an employer to pay provident fund? ›

If your employer offers a provident fund, and, you, as a new employee, are eligible to join, then you must join the fund. If you are already an employee of the company when the provident fund is launched, then you are not obliged to join the fund.

Can a company force you to take a provident fund? ›

Your employer cannot force you to take out such a product unless they made this a term of your employment before you joined. They cannot impose this on you afterwards. This is different from joining an employer who offers a pension or provident fund.

How provident fund is calculated on basic salary in South Africa? ›

How is provident fund calculated in South Africa? The employee contributes 12 percent of his or her basic salary along with the Dearness Allowance every month to the EPF account. For example: If the basic salary is Rs. 15,000 per month, the employee contribution shall be 12 % of 15000, which comes to Rs 1800/-.

Can SARS take your provident fund? ›

SARS does not use your retirement fund lump sum to deduct tax that you owe in respect of income - this is not permitted by the Pension Funds Act. But SARS does require you to submit outstanding returns and pay amounts that are long overdue before issuing your tax clearance certificate.

Is provident fund paid monthly? ›

If no cash lump sum is taken, your full benefit will be paid monthly, resulting in a higher pension. As a member of a provident fund, you can choose to take your entire retirement benefit as a lump sum. A portion of this may be tax-free, but you will be taxed on the portion that is not exempt.

Who gets Provident fund after death? ›

Guaranteed benefits for members and pensioners

Death while in service:The benefit paid is based on the member's period of pensionable service. It is payable to the beneficiaries of the deceased member or, if there are no beneficiaries, to the member's estate.

What is a Section 14 transfer? ›

A Section 14 transfer is the transfer of retirement fund benefits from one retirement fund to another in terms of Section 14 of the Pension Funds Act. Section 14 transfers will either follow the Section 14.1 or 14.8 process.

What is Regulation 28 of pension funds act? ›

Regulation 28, issued in terms of section 36(1)(bB) of the Pension Funds Act, protects retirement fund member savings by limiting the extent to which funds may invest in a particular asset or in particular asset classes, and prevents excessive concentration risk.

What benefits do I get if I resign? ›

Benefits on resignation

When a member resigns or is discharged from government service, he or she receives a resignation benefit. The GEPF offers two options for the payment of the resignation benefit: Have it paid into a bank account as a cash lump sum; or. Transfer it to an approved pension preservation fund.

When can I claim my provident fund? ›

To claim your benefit, you must have resigned or retired from your employer. You must then complete a withdrawal notification form, and submit this, with required supporting documentation, to your HR department.

How long does provident fund take to pay out after dismissal? ›

If your tax affairs are in order, the fund should pay out within 14 to 21 days.

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