The Emergence of a Comprehensive Regulatory Framework for Pension Death Benefits in Botswana

Abstract

This article examines and comments on the death benefit provisions in the Bill and the regulations. It starts by discussing the existing death benefits provisions in the Pension and Provident Funds Act and Regulations. Through case law, the article highlights some of the inadequacies in existing regulation. The article identifies that one of the problems in the existing regulation is that the Board of Trustees (herein after as the Board) enjoys wide and unlimited discretion in relation to the payment of death benefits. It argues that the Bill and its regulations should be welcomed because they provide clear guiding principles and boundaries to assist the Board in the exercise of its discretion over the payment of death benefits.