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Widow in pension dispute with 'nyatsi' - Fund to decide who benefits

alone: Fortunate Moyo finds herself in limbo after her late husband's girlfriend claimed to be the only beneficiary PHOTO: PETER MOGAKI
alone: Fortunate Moyo finds herself in limbo after her late husband's girlfriend claimed to be the only beneficiary PHOTO: PETER MOGAKI

IT'S VERY important to complete a beneficiary nomination form to avoid legal battles and fraudulent claims after your death.

 

Due to ignorance and superstitious beliefs, some people avoid completing the nomination form because they think that might lead to their early death.

If you have been dreading to complete your nomination form, it's time you did so to also avoid delayed payment.

Take the case of Fortunate Moyo, 45, who has been battling to claim payment of her late husband's provident fund because a girlfriend has also lodged a claim with the fund, Motor Industry Fund Administration (MIFA), alleging to be the wife of her late husband Ronald Moyo, who died from a stroke in September last year.

Fortunate said the girlfriend, Sikhanyisile Dube, told her she has a five-month-old child with her late husband.

She further accused Dube, 27, of fraudulently nominating herself as a sole beneficiary to receive all the benefits from MIFA in the event of Ronald's death .

But, Dube was quick to dismiss the claims that she fraudulently nominated herself as a sole beneficiary.

Dube said she was following Ronald's instructions when she completed the form nominating herself as the wife and sole beneficiary.

"It's true that I completed the form, but Roni signed them as they were urgently needed at his workplace," Dube said.

She said she met Ronald in 2010 after the World Cup and stayed at the Moyos' marital home as he had separated from his wife.

She said Fortunate had gone back to Zimbabwe when she and Ronald stayed at their marital home.

Dube confirmed she has a five-month-old child with the late Ronald, adding that she was willing to have a paternity test done but had no money to fund it.

Ronald's brother has offered to pay for the paternity test which Dube has accepted after Consumer Line's persuasion.

Fortunate denied she had separated from her husband, saying she had merely gone home to visit her family as she frequently did.

Her greatest pain is that her son is autistic and must take special medication and be on a special diet.

 

Andre Bekker, a manager at MIFA, said the matter was under investigation and he could not comment further.

The pension fund adjudicator, Muvhango Lukhaimane, said although members of pension funds are encouraged to complete beneficiary nomination forms, these are not binding on the board of a fund when the time comes to allocate a death benefit.

Section 37C of the Pension Funds Act requires the board to consider all persons who were dependent on the deceased, either legally as a spouse, children, parents as well as others, including a girlfriend, ex-wife and siblings.

Lukhaimane said once they had identified the nominated people, they must then allocate the death benefit equitably among them, depending on their financial circumstances, age, wishes of the deceased and so on.

"So a nomination form is just one of the things that the board will consider, however they are not bound by it," Lukhaimane said.

She said the fact that there was a child with autism would be a factor that the board would consider in allocating a portion of the benefit that would to some extent cater for medical expenses.

She said in circumstances where the deceased did not have the opportunity to acknowledge that the child was theirs, demanding a paternity test to prove the relationship was not unreasonable.

"Therefore, if the board has no other way of substantiating that the child is that of the deceased, the paternity test would be proper."

She said though the act requires that the fund or administrator does a thorough investigation of claims, "it is important for members of funds to complete beneficiary nomination forms", to avoid disputes.

"The forms must be completed when the person joins the fund and every time there is a life-changing event such as marriage, divorce, a newly born child, the death of one of the beneficiaries, or when the financial circumstances of the nominees change significantly.

 

 

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