NASS workers reject planned amendment to 2023 Pensions Act

Retired and serving workers of the National Assembly under the aegis of Concerned Members of Staff of the National Assembly have opposed the planned amendment to the 2023 National Assembly Pension Act by the House of Representatives.

A memorandum submitted to the public hearing held by the House on the proposed amendment was opposed by the staff. The memorandum was presented on behalf of the workers by the former Clerk to the National Assembly, Prince Yemi Ogunyomi.

In the memorandum, a copy of which was obtained by the Nigerian Tribune, the workers said that the National Assembly Service Pension Board (Establishment) Act, 2023, enacted in March 2023, was a timely and compassionate response to the harsh realities faced by pensioners of the National Assembly and that many of the retirees had died in despair “due to the inefficiencies and inadequacies of the Contributory Pension Scheme (CPS) under the Pension Reform Act, 2014.”

They stated that the Contributory Pension Scheme failed to recognize the peculiarities of the legislative service. They added that the National Assembly Pension Act 2023 “not only acknowledged the unique nature of the National Assembly Service but also aligned with the principle of separation of powers enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended),” and further reinforced the autonomy of the legislative arm of government.

The workers stated that they are opposed to the planned amendment because it seeks to return the retirees from the system to the old ways. They said:

“We firmly oppose this Bill, which seeks to amend the National Assembly Service Pension (Establishment) Act, 2023 to revert staff of the National Assembly Service back to the Contributory Pension Scheme. The proposed Bill is a blatant display of disconnect between legislators who earn very handsome salary and particularly the top management who earn salary for life and the very staff who drive the legislative machinery.

It reflects insensitivity and disregard for the sacrifices and wellbeing of those who have served the Legislature with distinction.

“This retrogressive move threatens to condemn loyal and diligent personnel to hardship, illness, and premature death upon retirement—an outcome that the Principal Act was designed to prevent.”

The workers listed 14 grounds to oppose the planned amendment by the House of Representatives, adding that:

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“We are gravely concerned that this Bill serves interests contrary to the interest of the targeted beneficiaries. We call on you to join us to rise in defense of justice, equity, fairness and the dignity of labour.

We, therefore, urge that this Bill be completely rejected and the National Assembly Service Pension Board (Establishment) Act, 2023 be preserved in its entirety for the benefit and protection of the retirees who have dedicated their careers to the legislative service.”

The grounds listed by the assembly workers to reject the proposed amendment include contravention of the 1999 Constitution, breach of legislative rules, ambiguity and uncertainty, injustice and inequality, deceptive intent, vague drafting, discrimination, creation of redundant structures, deletion of penalty provisions, threats to acts of sustainability, reversal of progress and alarming reduction of benefits.

The workers said that the proposed amendment violates Section 173(1) & (2) of the 1999 Constitution by attempting to retroactively alter the retirement benefits of the targeted beneficiaries to their disadvantage. They also said that the proposed bill would amount to a breach of legislative process by violating the Standing Orders of both the Senate and the House of Representatives and especially Order 12, Rule 16 of the Standing Orders of the House of Representatives.

The memorandum quoted the House Order 12 Rule 16, which deals with private interest as providing that:

“If it appears to the Speaker from the notice of the terms proposed to be embodied in a Bill not being a Government measure that the proposals are intended to affect or benefit some particular person, association or corporate body, then:

(i) Before allowing such a Bill to be read the first time, the Speaker shall satisfy himself that in addition to the notices already presented under Order 12, Rule 1(2) (Notice regarding Bills), additional notice of the Bill has been given by advertising a statement of its general nature and objects in the Official Gazette and/or House of Representatives Website and/or in at least one newspaper circulating in Nigeria.”