Are double penalties on RA's legal?

[Houses4Rent]

I wonder whether any of you had goen through this before.

I and my wife had some old style RA's. I was new in the country and invested in them to the max as I thought its a good idea to reduce our taxable income by 15%. I call them old style, because back then before Rob Rusconi blew the whistle on the RA scheme the penalties were not regulated yet. Since then several layers of protection have been implemented for all newer policies and the penalties are far less severe.

So when I understood what Rob was explaning and due to personal circumstances I made our RA's paid up. We had to bite the bullet and pay the penalty. Terrible, but we will life. However, their performance is still a joke and I now learnt that I can actually transfer them to something different as long as the new investment vehicle it complies with some rule/section 28 of some whats_the_name pension act. If I do that they want to slap me with yet another round of penalties which I do not deem correct nor fair.
Does anybody know more about and how to fight thhe second penalties? The only avenue I haev in midn is the Ombudsman, but they often are a toothless body in my understanding. Is there maybe some case law?

[Houses4Rent]

420+ views and no comment. Is my situation really so unique? Has really nobody ever experienced this problem in one way or another? Are there no financial advisors or similar on this forum who have a higher chance to have come across this situation?

[Dave A]

It's easy to comment - e.g . "These penalties are ridiculous!"

It is another thing completely to give a constructive answer to the question you pose.

[Houses4Rent]

Ahm, I was looking for constructive answers. I thought that was obvious. Looks like nobody has the problem I have.

[Rafael]

I'm not always on the forum and I have just seen this.

Yes there are double penalties.

Did you decrease your contributions or did you make your retirement paid up. What was the percentage of the penalty
Are you doing a section 14 transfer?
How old are you and what are the current fund value amounts.
You stated that your investment is not doing well, why not change the funds that it is currently invested in? This will avoid penalties.


You can inbox me the answers of you feel comfortable

The current maximum penalty is 15% for RAs.

What you can do is e-mail the actuarial department of whoever is administering the fund and explain that you have been penalized when you reduced the contributions, and ask for an explanation of why you being penalized again and if they can reduce the penalty.

[Rafael]

Hi Houses4Rent

as discussed over the telephone, here is some information with regards to the Statement of intent

http://www.iol.co.za/business/person...7#.U2eQW6JjFqw
and

http://www.moonstone.co.za/consumer-protection-and-the-regulators/#sthash.NwPLgQO4.dpbs

For everyone else who may have a future problem with regards to this.

The FSB signed in a regulation that states:
RA products sold before January 1, 2009, the penalties would be limited to 30 percent
RA's sold after January 1, 2009, the penalties would be limited to 15 percent.

Hope you find the above useful

[Houses4Rent]

Thanks so much Rafael, appreciated. That gives me a much better footing.

Mine was bought way before 2009 so its 30% for me.

You mentioned on the phone an accumulative 25% cap fro penalties on the phone regardless of policy age, sale date and paid up date. Are the 15%/30% over writting that? Or is that something completely different?

Marc

[Rafael]

Hi Marc

To my knowledge is was 25% but I may have been incorrect.