Pensioner, 67, secures judgment against NIS

Sep 23, 2018 News

A 67-year-old former security guard can now breathe a sigh of relief after an order was issued by the Court for the National Insurance Scheme (NIS) to pay her after seven years.
Chief Justice (Ag.) Madam Roxanne George earlier this month ordered the NIS to pay Sahadai a monthly pension dating back to April 2011.
The court also ordered that NIS pay interest at the rate of six percent per annum on all arrears arising between April 14, 2011 and September 5, 2018; the date of judgment.
In addition to the $3M court judgment, the court also ordered NIS to pay the woman her monthly pension.
In her Affidavit, the ailing pensioner had recounted the pain and suffering she endured with the many unnecessary trips from the Regional Office to the NIS Head Office in Georgetown, a routine which began even before the pension became payable.
The affidavit also showed the pensioner taking up residence with a relative in an effort to reduce transportation cost.
The pensioner had served as a security guard for her Region as an employee with a number of government agencies and private security firms. She related that three months before her sixtieth birthday an application was made to NIS for the payment of a pension.
Instead, the NIS offered only an Old Age Grant, citing insufficient contributions as their records reflected only 386 contributions, as opposed to the 750 contributions needed to qualify for a monthly pension.
Insisting that after sixteen years of continuous employment, the contributions ought to be in excess of the required 750 contributions, the woman requested a review of the case. After a review that lasted four years, the NIS claimed that it could only locate 150 more contributions, bringing the total number of contributions to 536, which still did not qualify for a monthly pension.
The pensioner explained to this newspaper that contact was made with the past Chairman of NIS, Dr. Roger Luncheon in 2013 and also with the current Chairman Dr. Surendra Persaud, all with the hope of the NIS to recognise the full number of actual contributions, but on each occasion, NIS management responded saying the number of contributions on their record do not qualify her for a monthly pension, as the defaulting employer United Associates Security & Domestic Services Inc. had failed to pay in approximately 280 NIS contributions.
Sahadai expressed surprise that the NIS allowed United Associates Security & Domestic Services Inc. to collect and not pay over contributions for more than five years and wondered how many other persons were similarly deprived of their pensions.
The pensioner decided to approach Attorney-at-law Christopher Ram for legal representation. She explained that Ram relied on a little used provision in the NIS legislation which states that unless the employee conspires or colludes with the employer, the NIS is required to recognise the contributions.
Ram noted that on the morning the matter was due to begin, his client was presented with a letter from NIS in which they agreed to credit the pensioner’s Contribution Record with 289 contributions, taking the number of contributions over the 750 contributions required for a pension.
Ram said that while the case did not go to trial, he welcomed the recognition by NIS that no worker should suffer as result of non-compliance by the employer and the failure of the NIS to enforce the law against such employers.
Ram said that he hopes this is not a unique case and that employees of other defaulting employers will start to take steps to have their unremitted contributions recognised.
Ram also praised the pensioner’s excellent record keeping and persistence which he believed played an important part in the successful outcome of the case.

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