Exposing State Governments’ Status of Implementation of CPS For Their Employees Part 12; By Ivor Takor

WE HAVE been exposing state governments’ status of implementation of the Contributory Pension Scheme (CPS) in alphabetical order. Today we will be exposing the status of implementations of Oyo, Plateau and Rivers states.

Oyo State

The state enacted the Oyo State Pension Reform Law in 2010. Unfortunately, it stopped at that stage.  Therefore, the state is yet to implement any other milestone towards full implementation of the CPS including the following:

• Yet to establish a Pension Bureau to oversee the process of implementation of the CPS;
• Yet to commence the registration of its employees with Pension Fund Administrators (PFAs);
• Yet to commence the remittance of pension contributions;
• Yet to conduct an Actuarial Valuation to determine the Accrued Pension Rights of employees that would be transiting into CPS;
• Yet to open Retirement Benefits Bond Redemption Fund Account;
• Yet to commence funding of Accrued Rights; and
• Yet to institute a Group Life Insurance Policy.

ALSO READ: FG’s Non-Compliance With Extant Laws On Pension Administration And Violation of Rights of Pensioners; By Ivor Takor

Nineteen years into pension reforms in Nigeria and the introduction of the CPS under the Pension Reform Act 2004, which repealed Pension Act 1990 that was of universal application in the federal and states public services, Oyo State government enacted a law on the CPS in 2010 and stopped at that level.

The following persons have ruled Oyo state from the introduction of the CPS in 2004 to 29^th May, 2023.

1. Lam Adesina from 29 May, 1999 – 29 May, 2003.
2. Rashidi Ladoja from 29 May, 2003 – 29 May, 2007.
3. Christopher Alao-Akala from 29 May, 2007 – 29 May, 2011.
4. Abiola Ajimobi from 29 May, 2011 – 29 May, 2019.
5. Seyi Makinde from 29 May, 2019 – date

Plateau State

The state drafted a Bill on CPS in 2021 and remains at Bill stage to date. Therefore, the state is yet to implement any other milestone towards full implementation of the CPS including the following:

ALSO READ: Exposing State Governments’ Status of Implementation of CPS For Their Employees Part 11; By Ivor Takor

• Yet to establish a Pension Bureau to oversee the process of implementation of the CPS;
• Yet to commence the registration of its employees with Pension Fund Administrators (PFAs);
• Yet to commence the remittance of pension contributions;
• Yet to conduct an Actuarial Valuation to determine the Accrued Pension Rights of employees that would be transiting into CPS;
• Yet to open Retirement Benefits Bond Redemption Fund Account;
• Yet to commence funding of Accrued Rights; and
• Yet to institute a Group Life Insurance Policy.

Nineteen years into pension reforms in Nigeria and the introduction of the CPS under the Pension Reform Act 2004, which repealed the Pension Act 1990 that was of universal application in the Federal and States public services, Plateau state government has stopped at a Bill stage.

The following persons have ruled Plateau state from the introduction of the CPS in 2004 to 29^th May, 2023.

1. Joshua Dariye from 29 May, 1999 – 18 May, 2004.
2. Chris Ali (Sole Administrator) from 18 May, 2004 – 18 November, 2004.
3. Joshua Dariye from 18 November, 2004 – 13 November, 2006.
4. Micheal Botmang from 13 November, 2006 – 27 April, 2007.
5. Joshua Dariye from 27 April, 2007 – 29 May, 2007.
6. Jonah David Jang from 29 May, 2007 – 29 May, 2015.
7. Simon Lalong from 29 May, 2015 – 29 May, 2023.
8. Caleb Mutfwang from 29 May, 2023 – date.

The state has a life pension law in favour of former governors and former deputy governors, which guarantees that these former political office holders of the state maintain lives of luxury through generous pension and other benefits.

Rivers State

The state enacted the Rivers State Pension Reform Law in 2009. The law was amended in 2012, repealed and enacted in 2019 with the transitional period extended to 2022. The law was further amended in September, 2022 to further extend the transition period to July 2025.

ALSO READ: Non-Compliance With Pension Reform Act By Employers; By Ivor Takor

The state has put in place other milestones towards full implementation of the CPS including the following:

• Established a Pension Board to oversee the process of implementing the CPS in the state;
• Has registered employees with Pension Fund Administrators (PFAs);
• The state commenced the remittance of 7.5% of employers and 7.5% employees contributions in accordance with Section 3 of the state law. However, remittances were suspended in 2019 after the enactment of the 2019 law;
• The state recommenced the deduction and remittance of only employees pension contributions. The contributions made under the repealed law are being refunded;
• Conducted an actuarial valuation to determine the Accrued Pension Rights of employees that transited from the old Defined Benefits Scheme into CPS in 2009. However, the actuarial valuation needs to be revalidated following the enacted 2019 law (as amended);
• Opened Retirement Benefits Bonds Redemptions Fund Account (RBBRFA) with Fidelity Pension Managers Limited;
• The state made a one-off payment of N300 million in 2012 for Accrued Rights into the RBBRFA domiciled with Fidelity Pension Managers Limited.

However, it has stopped funding of the RBBRFC; and it is yet to institute a valid Group Life Insurance Policy.

The following persons have ruled Rivers state as Governors from the time of the repeal of the Pension Act 1990 in 2004 to date.

1. Peter Odili from 29 May, 1999 – 29 May, 2007.
2. Celestine Omehia from 29 May, 2007 – 26 October, 2007.
3. Chibuike Amaechi from 26 October, 2007 – 29 May, 2015.
4. Nyesom Wike from 29 May, 2015 – 29 May, 2023.
5. Siminalayi  Fubara from 29 May, 2023 – date.

The state has a life pension law in favour of former Governors and former deputy Governors, which guarantees that these former political office holders of the state maintain lives of luxury through generous pension and other benefits.

Section 210(1) of the Constitution of The Federal Republic of Nigeria 1999 as amended, provides that “Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a state to receive pension or gratuity shall be regulated by law.

Subsection (2) provides that “Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except as is permissible under any law, including the code of conduct.”

ALSO READ: Exposing State Governments’ Status Of Implementation of CPS For Their Employees Part 10; By Ivor Takor

Subsection (3) provides that “Pension shall be reviewed every five years or together with any State Civil Service salary reviews, whichever is earlier.”

Key pension information were sourced from PenCom website.

Comrade Takor was a two-term President of NASU, a two-term National Treasurer of NLC and an inaugural member of the Board of PenCom. Comrade Takor retired as a Director in federal service and is now a Lagos-based legal practitioner. He is an alumnus of the National Institute of Policy and Strategic Studies (NIPSS), Kuru-Jos, Plateau State.