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AFC supports court challenge seeking clarity and compliance on NIS pensions

Admin by Admin
November 2, 2026
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The Alliance For Change (AFC) supports Christopher Ram, pensioner Kalicharan Heera and the trade unions that have brought the National Insurance Board before the High Court over the statutory minimum for NIS old-age pensions.  The applicants are asking the Court to determine whether Regulation 4(b) requires the minimum pension to be no less than 50 per cent of the Public Service minimum wage, and whether pensioners have been underpaid since 2021. These are serious claims. They deserve a clear answer through the proper legal process.

 

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The figures presented by the applicants indicate that, using the 2026 Public Service minimum wage of $102,346, the minimum pension would be $51,173 a month. The published NIS minimum pension is $43,075. The applicants say this represents a shortfall of $8,098 a month and estimate that some pensioners may be owed approximately $510,300. The Court must determine the correct interpretation of the law, who is affected, and what sums, if any, are due.

 

The AFC’s position is straightforward: the rule of law must be upheld. Public authorities must act within the Constitution and the laws made under it. Where a law establishes a benefit or a minimum payment, that requirement cannot be set aside, delayed or treated as optional through administrative practice.

 

Government cannot avoid responsibility by simply pointing to the National Insurance Board. 

The NIS is managed by a Board, but it forms part of the Ministry of Finance and reports to the Minister of Finance. The law also provides for Parliament to advance funds when the National Insurance Fund temporarily lacks the assets to meet its liabilities. The precise responsibilities of each party are for the Court to determine; the Government cannot credibly claim that it has no duty to ensure that the legal framework is observed and that lawful obligations can be met.

 

Pensioners contributed to the Scheme and depend on its benefits in later life. They are entitled to know whether the payments they receive comply with the law. If arrears are found to be due, they should be calculated transparently and paid, including any sums properly owed to the estates of deceased pensioners. If the Board disputes the claim, it should provide its legal and factual basis through the proceedings.

 

The Alliance For Change calls on the National Insurance Board and the Government to cooperate fully with the Court, preserve all relevant records, and provide the information needed for a timely determination. The Court must be allowed to decide the legal questions independently and without political interference.

Respect for the rule of law means more than asking citizens to obey the law. It requires public institutions and officeholders to do the same.

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