Back on pension

By DEMAS TIEN
THE Supreme Court has ruled that Constitutional office-holders (COH) are entitled to adequate and suitable life-time pensions and other retirement benefits at the end of their time in office, irrespective of their age.
A five-man bench comprising Justice Nicholas Kirriwom, Justice Ambeng Kandakasi, Justice Salatiel Lenalia, Justice George Manuhu and Justice Berna Joan Collier made the ruling yesterday following an application made by former Auditor-General Sir Makena Geno regarding the rights and entitlements of COH.
Sir Makena filed the application pursuant to Section 18(1) of the Constitution seeking declaratory relief to five Constitutional questions.
The court ruled that COHs were entitled to adequate and suitable pensions and other retirement benefits.
The court ruled the conditions to such benefits can only be prescribed by an Organic Law.
The court also ruled that at the end of their period in office, COHs were entitled to life-time pension, irrespective of age.
The court found that the Constitution and the Organic Law on the Guarantee of the Rights and Independence of the COHs recognised the fundamental principal that those who gave services to the public as COH deserved recognition and protection for roles which simultaneously could be more restrictive and less remunerative than similar roles in the private sector.
The court found that Sir Makena was retrenched from the public service five months before his pension entitlement would have been vested for life.
There was no material before the court to show that the decision to retrench him was made deliberately.
The court found that the consequence of the Constitutional Office-Holders Retirement Benefits Act 1986 has affected Sir Makena’s pensions. It declared that Act was unconstitutional because it was inconsistent with the Constitution.
Sir Makena started employment on Jan 9, 1970, in the public services. He started working as the auditor-general on Jan 18, 1983, at the age of 32 and continued in that role for 15 years. His contract of employment as the auditor-general ended on Jan 18, 1998.
The office of the auditor-general started pension payments sometimes in 1998 following the expiry of Sir Makena’s contract of employment, and Sir Makena received those payments until 2010.
Sir Makena’s pension payments ceased after the Office of Auditor-General received legal advice that because Sir Makena was retrenched at the age of 49 years and seven months, he was only entitled to receive pension for 12 years, in accordance with the Constitutional Office-Holders Retirement Benefits Act 1986.
Sir Makena told reporters outside the court that he was happy with the decision because he had been waiting for the last seven years for his pensions.
He said the decision was not for him but for the people of the country.