Latest update February 1st, 2025 6:45 AM
Jan 22, 2025 Letters
Dear Editor
The 2025 budget while full of many election year goodies has failed to provide a solution for those people that NIS has bungled their contribution records which show fewer contributions than were actually made and are being denied their monthly pensions. The budget provides $100,000 for new births, but let down the older folks qualifying for pensions who are closer to death, because NIS bungled their contribution records.
My 90-year-old cousin was initially told by NIS he never worked at Bermine so they have no contributions for him. Later they said he had only 740 contributions, but NIS is missing one year of his contributions (about 40 contributions). My cousin had appealed to his Excellency President Ali and Minister Ashni but he is still waiting for their help. The NIS General Manager cancelled appointments twice to meet with him. When the President announced a $10 billion fix for NIS last year, we thought they would make some kind of provision for these special cases where contributions are missing because of incomplete records by NIS. My Cousin is not interested in a one-time grant as a solution, that’s why he has been holding out for 30 years for what he feels he is owed. He had paid his dues and now he wants his regular NIS pension.
We recall the news report of the Zainul NIS case (See KN, Nov 29, 2023, “Justice Younge orders NIS to pay Toolsie Persaud Limited staffer; SN, November 29, 2023), where a carpenter has won his case for pension, after taking the National Insurance Scheme (NIS) to court in what has been hailed as a “landmark” ruling that pronounced on the obligation of the NIS and the employer for the maintenance of accurate and complete records. The Court has further made it clear that NIS needs to be more robust in ensuring that employers comply with the law regarding deduction and payment of NIS contributions on behalf of their employees.
NIS’ contention was that Shariff Zainul did not have the required number of contributions for the payment of old age pension, and was therefore entitled only to a grant. High Court Judge Damone Younge found, however, that Zainul was entitled to be credited the 354 contributions for the period he contested—which his former employer—Toolsie Persaud Limited (TPL)— had said he had not been employed.
This pensioner’s win over the insurance scheme would not only be seen as a victory for him, but for countless other pensionable members whose complaints against the scheme are all too similar. Justice Younge in her ruling, made it clear that an applicant should not be made to suffer for failure on the part of NIS and employers to reconcile their records or to have an accurate record of the contributions made by an applicant—or for the failure of employers to pay over their employees’ contributions to the insurance scheme.
In fact, the Judge in no uncertain terms blasted the NIS which she said has become “notorious” for inaccurate and incomplete contribution records which are ultimately unreliable. In the written ruling Justice Yonge asserted; “as the instant case pellucidly demonstrates, contribution Schedules can and sadly are often inaccurate or incomplete…She continued, “it is most unfortunate that NIS contribution records in the possession of the Respondent [NIS] have become notorious for its unreliability”
Mr. President, there is still time for Minister Ashni to fix this problem of that set of people for whom NIS says they have 740-749 contributions but actually have more but NIS records are incomplete. If they have between 740-749 contributions, pro-rate their monthly pension. Do the right thing! And while you are at it, withdraw the appeal of the Zainul case. A working-class Government does not punish the poor!
Sincerely,
Dr. Jerry Jailall
Civil Society Advocate
(Disappointed 2025 Budget failed to fix NIS missing contributions for some people denied their rightful benefits)
(Disappointed 2025 Budget)
Feb 01, 2025
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