Pensions & Retirement Benefits Support
MNG & Company Advocates provides comprehensive legal support to trustees, employers, administrators, and custodians of retirement benefits schemes across Kenya and East Africa. We help clients navigate the complex and evolving regulatory landscape governing pension schemes, including the Retirement Benefits Act, NSSF Act, data protection requirements, tax laws, and various practice notes and guidelines issued by the Retirement Benefits Authority (RBA) and other legislative bodies. Our team combines deep technical knowledge with practical, solutions‑oriented advice to ensure scheme documentation remains compliant, governance standards are met, and beneficiaries’ interests are protected.
Our pensions & retirement benefits services include:
- a) Trust Deed & Rules Overhaul
- Reviewing and overhauling trust deeds and rules to incorporate all relevant legislative changes, including the Retirement Benefits Act and Regulations, Legal Notices, NSSF Act and Contracting Out Regulations, Tax Laws (Amendment) Acts, and the Data Protection Act.
- Integrating RBA guidelines such as Post Retirement Medical Fund Guidelines, Income Drawdown Funds Regulations, Good Governance Guidelines, Treating Fairly Guidelines, and Corporate Trustees Guidelines.
- Aligning scheme documentation with best practice drafting standards and RBA approved deed precedents.
- b) Regulatory Compliance Advisory
- Conducting legal compliance audits for occupational pension schemes, provident funds, and umbrella schemes.
- Advising trustees on their fiduciary duties, governance obligations, and regulatory reporting requirements.
- Liaising with the Retirement Benefits Authority, Kenya Revenue Authority, and other regulators on behalf of schemes and trustees.
- c) Scheme Restructuring & Winding Up
- Advising on scheme mergers, asset transfers, and benefit portability arrangements.
- Guiding trustees through the legal process of winding up a scheme, including beneficiary communication and asset distribution.
- d) Pension Litigation & Dispute Resolution
- Representation in disputes relating to benefit claims, dependency issues, and misallocation of funds.
- Advising and litigating matters involving trustee removal, breach of trust, and governance failures.
- Handling appeals against RBA decisions and other regulatory determinations.
- e) Employment & Pension Integration
- Advising employers on contracting out of the NSSF Act and establishing exempt occupational schemes.
- Structuring and documenting pension backed mortgage arrangements in compliance with RBA guidelines.
- Drafting trust deeds, rules, and explanatory handbooks for ESOPs, including integration with retirement benefits frameworks.
- f) Scheme Documentation & Administration Support
- Drafting and reviewing custody, fund management, bulk annuity, and administration agreements.
- Preparing member handbooks, benefit statements, and scheme newsletters for regulatory compliance.
- Assistance with annual returns, benefit statements, and other filings required by the RBA and KRA.
The Team
Anne Gathirwa
Partner | Advocate
Martin Ndeto
Partner | Advocate
MNG Advocates provides a very fast and responsible advice legal service.
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