CORRUPT PRACTICES IN NIGERIA’S RETIREMENT AND PENSION SCHEME BY REGINA U. OBI, Ph.D ASSOCIATE PROFESSOR DEPARTMENT OF SOCIOLOGY AND ANTHROPOLOGY, UNIVERSITY OF BENIN, BENIN CITY, NIGERIA E-MAIL: [email protected] Mobile Phone: 08021124250 Abstract Corruption is a dishonest and wicked behaviour practiced by different institutions, worldwide. It is not peculiar to Nigeria alone. The main objective of this paper is to identify corruptible practices which exist in Nigeria’s retirement and pension scheme, and proffer suggestions for eradication. Purposive sampling technique was used to select 500 respondents from five selected States in Nigeria. Data collection techniques used, were structured questionnaires, official documents and records. Descriptive statistics were used for data analysis. The study discovered, inter alia, the corrupt practices which exist in retirement and pension scheme. Concrete suggestions were made for eradication. Introduction This paper focuses on the issue of corruption in retirement and pension scheme Nigeria since 1979 to date in. Five hundred respondents were used for the study. Durkheim strain theory of anomie provided the theoretical framework. The Nigerian Retirement Policy is governed by Pension Decree 1979, No. 102. The policy stipulates the statutory provision of the entitlement of employees in public services who have served the nation meritoriously in various capacities. The key issues in Retirement Policy are pension and gratuity. These are benefits to the pensioners. Pension is life annuity, i.e. payment made by the State to someone old, disabled, or widowed or by a former employer to an employee after long service. Whereas, gratuity is lump sum of money given by an organization or government to employee who has retired from active service (Hornby 1995:382-630). Corruption is defined in this paper, as those attitudes, practices, and behaviours which are contrary to the established social norms, values, laws, rules and regulations in institutions, bureaucratic and non-bureaucratic organizations, 1 public and private corporations. It pervades all systems, and sub-systems in societies, small and large, open and closed, developed and undeveloped, industrialized and un-industrialized. It has eaten deep into the fabrics of societies everywhere including Nigeria. Transparency International Index (2001) rated Nigeria as the 2nd most corrupt nation in the world. The objective of this paper is to determine corruptible practices which pensioners encounter in collecting their gratuities and pensions in Nigeria, and proffer suggestions for eradication. Research Problematique Nations, worldwide, provide retirement benefits (i.e. gratuities and pensions for their retirees. Nigeria operated defined benefits scheme between January 1946 and June 2004. Within this period, there were numerous corruptible practices in payment of gratuities and pensions such as falsification of age, delays in payment, long distant travels to receive payments, ghost workers, embezzlement of funds, mismanagement and diversion of funds (The Post Express June, 2000). These exploitation evils were purely administrative. The pensioners had to cry out aloud in streets and mass-media for a positive change (Obi, 2002: 91-100). Thereafter, the Pension Reform Act 2004 was enacted on 25th June, 2004 and became effective on 1st July, 2004 to redress corruptible practices in the scheme. The Pension Reform Act 2004 established a defined contributory scheme as against the defined benefit scheme it succeeded (Wikipedia, 2010). The objectives of the Pension Reform Act 2004 are:(i) To ensure that everyone who has worked meritoriously, receives retirement benefit as and when due to reduce old age poverty. This applies to employees in the public service of the Federation, Federal Capital Territory, and the private sector. Retirement benefits have changed over the years. Currently, the retirement age of employees in the judiciary is 70 years, the University professors 65 years, and 60 years in other public service and private sector with 35 years in service whichever is earlier, and 15 years in service for voluntary retirement. Forceful retirement whereby an officer is forcefully retired without preparing for it still exists. Table 1 below shows the formula for Pension and Gratuity calculations based on percentage of Final Salary in Respect of Retirement since 1992. This formular is currently in use, even today. 2 (ii) To assist improvident individuals by ensuring that they save in order to cater for their livelihood during old age; and (iii) To establish a uniform set of rules, regulations, and standards for the administration and payment of retirement benefits. The Reform Act 2004 has certain functional mechanisms which include: (i) Mandatory contribution in the case of the public service of the Federation, and Federal Capital Territory: A minimum of 7½% by the employer, and a minimum of 7½% by the employee’s salary, housing, and transport allowances into individual’s Retirement Savings Account (RSA); Mandatory Contribution in the case of the military: A minimum of 12½ % by the employer and a minimum of 2½ % by the employees’ salary, housing, and transport allowances into individual’s Retirement Savings Account (RSA); Mandatory contribution in other cases: A minimum of 7½% by the employer and a minimum of 7½% by the employees’ salary, housing and transport allowances into individual Retirement Savings Account (RSA); (ii) Mandatory contribution is remitted monthly into designated Pension Asset Custodian (PAC); (iii) Pension Asset Custodian notifies the Pension Fund Administrator (PFA) appointed by the employee within 24 hours of remittance of contribution; (iv) Pension Fund Administrator (PFA) issues a PIN (Personal Identity Number) to the employee, manages the contribution, and credits the returns into the individual Retirement Savings Account (RSA); (v) The PAC, PFA, and employer’s activities are regulated and supervised by National Pension Commission (PENCOM). I personally perceive the above functional mechanisms as checks and balances for effective management and control of corruptible practices in Retirement benefits, if strictly adhered to. Never-the-less, the reverse seems the case in Nigeria today. Based on these observations, this paper has these questions, among others, to answer:- Have you had any reason(s) to distrust your pension administrator? Where do you go for pension up-date(s)? why? Narrate your experiences in the exercise(s). 3 Table 1: Formula for Pension and Gratuity Calculation Based on Percentage of Final Salary in Respect of Retirement Since 1992 BEFORE 1992 Years of Gratuity Qualifying as service SINCE 1992 TO DATE % Pension as % Years of of final pay final pay of Gratuity as Pension as qualifying % of final % of final service total total emolument emolument 5 100 - 6 108 - 7 116 - 8 124 - 9 132 - 10 100 - 10 100 30 11 110 - 11 108 32 12 120 - 12 116 34 13 130 - 13 124 36 14 140 - 14 132 38 15 100 30 15 140 40 16 110 32 16 148 42 17 120 34 17 156 44 18 130 36 18 164 46 19 140 38 19 172 48 20 150 40 20 180 50 21 160 42 21 188 52 22 170 44 22 196 54 23 180 46 23 204 56 24 190 48 24 212 58 25 200 50 25 220 60 26 210 52 26 228 62 27 220 54 27 236 64 28 230 56 28 244 66 29 240 58 29 252 68 4 30 250 60 30 260 70 31 260 62 31 268 72 32 270 64 32 276 74 33 280 66 33 284 76 34 290 68 34 292 78 35 300 70 35 300 80 Source: Pension Reform Act 2004, Abuja, Federal Republic of Nigeria. Objectives of the Study This is an attempt to determine the corruptible practices which exist in gratuities and pensions in Nigeria since 1979, and up-to-date, five hundred respondents were used for the study. Durkheim’s strain theory of anomie provided the theoretical framework. Scope of the Study This research covered only pensioners in five states in Nigeria, namely: Federal Capital Territory, Lagos State, River State, Delta State, and Enugu State. The pensioners comprising males and females from the age of 35 years old and above were studied. The research was particularly interested in workers who retired from public services including educational institutions, hospitals, military, airforce, navy and private industrial organizations of the Federation of Nigeria. Brief Overview of theoretical framework Durkheim’s strain theory is found useful to explain corruptible practices in the Pension and Gratuity Scheme. Norms are specific behavioural standards in societies. They are ever-changing, shifting as society shifts; mutable, emergent, reflective of inherent biases and interests; vary from class to class, and in the generation gap. Contrary to norms is deviance. Sociologists such as Thomson (2004:2) characterized deviance as “violation of the norms of a society or groups”. Whereas Jensen (2007:11) characterized deviance as conduct that violates the definitions of appropriate and inappropriate conduct shared by the members of a social system. From the above characterizations, we can deduce that deviants are criminals who challenge and oppose normal behaviours in groups and societies, and, thus, engage themselves in corruptible practices, such people are unregulated, and fall under “anomie”, lawlessness, and crime. 5 Emile Durkheim saw crime as “a factor in public health, an integral part of all healthy society (Durkheim, 1938:68-81). His strain theory of anomie attributes social deviance to extremes of the dimensions of social bond categorized under three forms of suicide. Altruistic suicide (i.e. death for the good of the group); egoistic suicide (i.e. death for the removal of the self due to or justified by the lack of ties to others); and anomic suicide (i.e. death due to the confounding of self-interest and societal norms). Likewise, Durkheim continued that individuals may commit crimes for the good of an individual group, for the self due to or justified by lack of ties, or because the societal norms that place the individual in check no longer have power due to society’s corruption. In this paper, Durkheim strain theory of anomie is applicable to an officer in Gratuity and Pension Office who become corruptible for the good of his group, for the self due to or justified by lack of ties, or because the societal norms that place him in check no longer have power due to societal corruption. Research Methodology The Target Population The research was particularly targeted at men and women pensioners aged 35 years and above residing in selected States in Nigeria, namely: Lagos State, Federal Capital Territory, Delta State, River State, and Enugu State. Research Sample Size and Procedure Abortive efforts were made to retrieve the population of pensioners in Nigeria from the data bank. So, the researcher resorted to tracing the pensioners out through generous “leads’ in the selected States for the study. Purposive sampling technique was used to select five hundred pensioners who co-operated fully with us by answering all the questions asked. Distribution of the sample size was as follows:Lagos State 121 pensioners; Federal Capital Territory 100 pensioners, River State 83 pensioners, Delta State 109 pensioners; and Enugu State 87 pensioners. Thus, the total sample size was 500 pensioners; 346 men, and 154 women. Data Collection Structured questionnaires constructed by the researcher were used to collect data. Each questionnaire had two sections, and contained only 15 questions. Section one, dealt with the personal details of the respondents. It contained questions on issues such as gender, age, previous work experience and status. Section two contained questions of which answers were used to achieve the research objectives. 6 Nominal and ordinal scales were used to measure the data. The questionnaires contained open-ended and multiple choice questions. These helped the respondents to “open up” and “speak out”. Before administering the questionnaires to the respondents, the questionnaires were pre-tested with 20 (twenty) pensioners in Benin City in order to test the validity and reliability of the instrument. Thereafter, the researcher and four research assistants personally administered the questionnaires to 500 respondents located in Lagos State, Federal Capital Territory, River State, Delta State and Enugu State. There was 100% response rate. Official Documents and Records This supplementary instrument was used to collect official documents such as historical development of Gratuity and Pension Scheme in Nigeria. The documents were retrieved from the internet services, and used to give background information about the pension and gratuity scheme. Method of Data Analysis Descriptive Statistics were used for data collected from official documents and records. For data collected from structured questionnaires the researcher used cross-tabulation to show relationships between variables. Socio-Economic Characteristics of the Pensioners (Respondents) Age of the Respondent Data on Table 2 below shows that out of 500 respondents (346 males and 154 females) 183(36.6%) belonged to the 35 – 59 years age cohort; 317 (63.4%) belonged to the 60 years and above age cohort. This result meant that majority of the pensioners were 60 years and above. States of the Respondents (Place of Residence) Out of 500 respondents 121 (24.2%) resided in Lagos State; 100 (20.0%) resided in the Federal Capital Territory; 83(16.6%) resided in River State; 109 (21.8%) resided in Delta State; and 87 (17.4%) resided in Enugu State. Majority of the respondents lived in Lagos State, Nigeria. (see Table 2, below). Level of Education Out of the 500 respondents, 128(25.6%) were graduates with various categories of degrees such as Doctor of Philosophy, Masters of Science; Bachelor of Arts in different disciplines and from different universities inside and outside Nigeria; the rest, 372(74.4%) were non-graduates. Out of these 372 non-graduates, 275 attained professional diploma certificates, Teachers’ Grade Two Certificates, 7 General Certificate of Education and equivalents; only 97 attained First School Leaving Certificates form primary schools. This statistical analysis meant that majority of the pensioners were non-graduates and attained lower levels of formal education (see Table 2, below). Previous Employment All the respondents were public servants. Out of the 500 respondents, 119 (23.8%) worked in the military; 320 (64.0%) worked in different ministries at Federal, State and Local Government of the Federation of Nigeria, and only 61(12.2%) worked in the Judiciary (see also Table 2, below). The pensioners included professors, medical doctors, lawyers, registrars, accountants, police and security officers, technicians, welders, drivers, clerks and cooks. Two hundred and three Respondents (40.6%) were in active service for upto 25 years; only 297 (59.4%) worked for 26 years and above. As regards the year of retirement, 177(35.4%) retired upto year 2000; 148 (29.6%) retired between 2001 and 2005; and 175 (35.0%) retired between 2006 and 2010. This analysis meant that most of the respondents retired from active public service before 2001. Present Employment after Retirement Data analysis shows that out of 500 respondents, 39(7.8%) are doing nothing, simply relaxing at home; 46(9.2%) join politic; 93(18.6%) are currently in security services; 18(3.6%) are students; 41(8.2%) drivers; and 263(52.6%) are selfemployed. These self-employed pensioners are in various types of small-scale businesses e.g. imports and exports, contract, legal practice and farming. This statistical analysis meant that majority of the pensioners are self-employed (see table 2, below). They prefer to have their own small-scale businesses and enjoy the benefits of being their own masters rather than spending their lifetime being bossed about as servants of others. The study further revealed that 444(88.4%) had received their gratuities and pensions up-to-date, though at irregular periods. Only 56(11.2%) had not received. Those who had not received, claimed that their papers are still being processed for over one year. However, those who had received their gratuities and pensions did go for pension up-dates, quarterly, bi-annually, and annually. The dates for going for pension up-dates are not fixed and irregular. Whenever the governments decide to hold screening exercises, pensioners are invited to attend. The screening exercise is for verification of signatures etc to determine the real pensioners in the Pension Registers. This exercise could be 8 fruitful and yield high dividends if done judiciously. But, the reverse often seems the case from Nigerian experience. Table 2: Socio-Economic Characteristics of the Respondents (Pensioners) Category of Responses Frequencies Percentages Age of the Respondents 35 – 59 years 183 36.6% 60 and above 317 63.4% 500 100.0% Total States of the Respondents/Place of Residence In Lagos State 121 (24.2%) In Federal Capital Territory 100 (20.0%) In River State 83 (16.6%) In Delta State 109 (21.8%) In Enugu State 87 (17.4%) 500 (100.0%) Total Level of Education Graduates 128 (25.6%) Non-Graduates 372 (74.4%) 9 Total 500 (100.0%) Previous Employment Military 119 (23.8%) Judiciary 61 (12.2%) Other Ministries at Federal, State and Local Governments of Nigeria 320 (64.0%) 500 (100.0%) Total Present Employment after Retirement Nothing/Simply Relaxing 39 (7.8%) Join politics 46 (9.2%) In Security Services 93 (18.6%) Students/studying 18 (3.6%) Drivers/driving 41 (8.2%) Self-Employment 263 (52.6%) 500 (100.0%) Total Corrupt Practices in Retirement and Pension Scheme The study has revealed the following corrupt practices (see Graph1 below) which exist in Retirement and Pension Scheme in Nigeria up-to-date:(i) Delays in Payment of meagre gratuities and pensions 10 The pensioners 178(35.6%) claimed that gratuities and pensions were small, and insufficient to purchase basic needs and maintain good standard of living. They were not even paid on time; there were always delays in computations. Most often relevant papers for computations were declared missing and misplaced in the pension offices. In some cases, the entire files were not found, and so declared missing or misplaced. The movement of the files even in the pension offices could not be traced. In the circumstances, it could take up to one year to retrieve the missing files and act upon them. These delays cause much problems, stresses and strains especially for the victims i.e. pensions who engage in several repeated journeys without fruitful results. Their meagre savings, efforts, time, and other sacrifices were being wasted for nothing. In addition, their cumulative arrears were not paid to them. The usual response was that there was no money to pay. This type of administrative practice is cheating, exploitative, tantalizing, humiliating, intimidatory and corruptible. (ii) Bribery/Financial Demand for Service One hundred and twenty five pensioners (25.%) complained that for them to be served/attended to, retrieve their “so called” missing files, papers and related documents in pension offices, they had to pay some illegal monies/bribes. Pensioners were intimidated and forced to give bribes. They gave bribes to the pension officers to receive services which they are paid to render to the public. These are illegal, deviant, criminal, and corruptible behaviours and practices which are contrary to the defined norms in pension offices. (iii) Risky and Distant Travels Eighty-nine pensioners (17.8%) stated that they had to travel/trek distant places to pension offices to collect the pensions, to up-date their records, and sign the Pension Registers. The journeys are risky considering the harsh chargeable weather; intensive sun, and heat, torrential rain with heavy floods, bad road with deep pot-holes in places. Some even collapsed on the way due to hunger and distant travels. The pensioners are old; weak and fragile and should not be stressed to death. (iv) Over crowded and noisy venues One hundred and eight pensioners (21.6%) stated that they are usually gathered and attended to, in the open space under the hot sun or rain to collect pensions or sign the Pension Registers during screening exercises. Each screening 11 exercise could last for three or more days because of over-crowding. The venue is usually jam-packed and unhealthy. The pensioners who are unwell and could not cope with the situation often collapsed in the scene. The unhealthy condition of the venue and related negative effects are equally corruptible, and against human rights. The above corrupt practices are used to explain Durkheim strain theory of anomie which this research discovered in the administration of Gratuity and Pension Scheme. His theory holds the views that the societal norms which place him (i.e. pension officer) in check no longer have power due to corruption. This paper supports the views of Durkheim. Summary and Conclusions This is an empirical research interested in discovering the existing corrupt practices in Nigeria’s gratuities and pension scheme. The corrupt practices were discovered. They were transparent in the administrative services. Pensioners were the victims of the corrupt practices. In view of the research findings, the following recommendations are made for eradication of the corruption, and policy implementation:(i) Government should up-grade and increase pensions whenever wages and salaries of workers are increased. This would enable pensioners to have higher pensions, purchase their basic needs, and enjoy improved lifestyles at all times; (ii) Government should bring pension offices closer to the people in local government areas with adequate facilities in place, such as canopies to shield the pensioners from heat of the sun and rain since they receive services in open spaces; (iii) Prompt and regular payment of gratuities and pensions are inevitable for their survival, to justify the key objective of the Pension Reform Act 2004, and to enable pensioners plan and manage their retirement benefits judiciously; and 12 Figure 1: Corrupt Practices in Nigeria’s Retirement and Pension Scheme Bribery/Financial Demands 125(25%) Risky and Distant Travels 89 (17.8%) Over crowded and Noisy Venue 108(21.6%) Delays in Payment 178(35.6%) Source: Field work, January – September, 2010 (iv) Adequate monitorization and supervision of pension officers on their duty-posts are crucial. This would help to control all manner of delaying tactics used to facilitate bribery and corruption, and to apply all necessary “sticks” and sanctions to stop it e.g. immediate termination of appointment/employment of any officers found corruptible. References Durkheim, E. (1938) The Rules of Sociological Method Chicago: The University of Chicago Press. Durkheim, E. (1893) The Division of Labour in Society Trans. L.A. Coser. New York: The Free Press. Hornby, A. S. (1995) Oxford Learners Dictionary of Current English. Oxford, Oxford University Press http://en.wikipedia.org/wiki/deviance_sociology Jensen, G. F. (2007) The Path of the Devil: Early Modern Witch Hunts. Rowman and Littlefield. Obi, R. U. (2002) An Appraisal of Retirement Policy in Nigeria, Benin Journal of Social Sciences Vol. 10 & 11, Nos 1 & 2, June, 91 – 100. The Federal Military Government of Nigeria (1979) Pension Decree 1979, No. 102, A 779 – A799. 13 The Federal Republic of Nigeria (2004) Pension Reform Act 2004, No. 2. The Post Express (2000) “Nigerian Pensioners’ Pangs” The Post Express, Friday, June 9. Thomson, D. (2004) Crime and Deviance Transparency International Index 2001. 16 14
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