Ombud Council Rules for the Pension Funds Adjudicator (PFA), 2026

Ombud Council Rules for the Pension Funds Adjudicator (PFA), 2026

We published the Ombud Council Rules for the Pension Funds Adjudicator (PFA), 2026 on our website on 4 March 2026. These Rules are binding regulatory instruments made under the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017) (“FSR Act”).

The Rules, which must be read with Chapter VA of the Pension Funds Act, 1956 (Act No.24 of 1956) (“the Act”) and the applicable provisions of the FSR Act, provide for practical procedural matters regarding the operations of the scheme, aimed at ensuring stakeholder clarity regarding complaint handling processes and enhancing the efficiency, effectiveness, fairness and transparency of such processes. The new Ombud Council Rules formalise existing practices and effect process improvements based on practical experience.

Refinements include provisions relating to:

• Promoting conciliated settlement of complaints prior to issuing a formal determination, where appropriate and without limiting the scheme’s powers under the Act to follow any procedure considered appropriate to resolve a complaint.

• Grounds for dismissal of complaints, including grounds for summary dismissal.

• Consequences of lack of co-operation with the scheme, including the making of default determinations. Should a party fail to respond within a reasonable timeframe or fail to cooperate, the scheme may proceed to dispose of the complaint on the available facts and information including where appropriate, issuing a default determination.

• The scheme’s power to order costs and interest and set time limits.

• Communication regarding parties’ right to apply to the Financial Services Tribunal for reconsideration of specified decisions.

• Liaison between the scheme, FSCA, Ombud Council and other ombud schemes, including reporting contraventions and non-cooperation to the FSCA and supporting the enforcement of contraventions, particularly in relation to section 13A of the Act.

The Rules will come into effect in phases to allow for operational implementation arrangements. Sub-rules 6(1), (2), (3), (6) and (7), Rule 10 and sub-rule 14(6) will come into operation on 1 October 2026. Sub-rules 7(1) to 7(5) will come into operation on 1 April 2027. All other Rules will come into effect on the date of publication on the Ombud Council’s website.

Below are key documents relating to the 2026 Rules.