ANALYSIS OF THE LEGAL REGIME FOR CONTRIBUTORY PENSION SCHEME IN NIGERIA

ABSTRACT

This dissertation appraised legal framework of contributory pension scheme CPS in Nigeria. Doctrinal method was adopted. Thus, the dissertation analyzed material from primary and secondary sources. The primary sources include information from national and international legal instruments on CPS, while the secondary sources include books, articles and internet materials on the subject matter. It was found that there are still problems relating to coverage of the scheme. For example, the Scheme does not apply to private organizations with more than 3 employees but less than 15 employees. The same applies to workers in the informal sector which constitute a good percentage of Nigeria’s total labour force. Though, PenCom is in the process of setting up Micro Pension structure for such class of workers. However, there are challenges in the area of awareness and strong institutional structures. It is also found that saving or contribution under CPS is exposed to the risk of decline without controls measure as Federal Government failed to pay 1% of the total monthly wage bill payable of Public Services employees into the Pension Protection Fund to provide cover for such risk. Furthermore, there are states and organizations which are yet to register. This further raises question as to the effectiveness of PenCom as supervisory agency in the sector. The dissertation therefore recommended among others thatPenCom needs to issue regulations and guidelines to provide clarifications regarding contributions by employers with 3 to 15 employees. This is necessary because delay or failure to provide such guideline, could affect retirement plans of workers in private organizations with more than 3employes but less than 15 employees. With respect to workers in informal sector, Nigeria should learn from the success stories of other countries which have put in place strong institutional structures for micro pension to facilitate fund administration and made use of technological platforms including mobile money to increase coverage, remit pension contributions and pay retirement benefits. In order to compel Federal Government to fully implement Section 82 (1) of the Pension Reform Act, the law should empower the Federal Account Allocation Committee (FAAC) after sharing every monthly subvention, to deduct the 1% of the total monthly wage bill payable to employees in the Public Services and pay it into the Pension Protection Fund. Furthermore, Pension Reform Act should be elevated to become the applicable public sector pension law in every state.