Cemetery keeper to get full pension

A FORMER cemetery keeper has successfully won her appeal at the now functional National Insurance Tribunal. Baby Pathay of Batchya Village, Penal will now be paid a full retirement pension of $3,000 per month. She will also receive a back-dated pension from 2004.

The tribunal met on October 30, at the Ministry of Labour offices at St James Street, San Fernando. The tribunal was dormant from April 2017 to September this year and after new members were appointed, it began hearing appeals last month.

Presiding over Pathay’s appeal were Stacy Cummings, Narendra Moonan and Christopher Joefield. In allowing the appeal, the tribunal ordered the National Insurance Board (NIB) to pay the former cemetery keeper’s full retirement pension, instead of a reciprocal pension of $356 per month.

Pathay was represented by Khalid Hassanali and national insurance consultant Ramnath Ramcharitar, while the NIB was represented by Ashook Balroop, Edmund Cristo and Shazard Mohammed.

Pathay worked as a cemetery keeper with a monthly salary of $160 with the St Patrick Country Council and Penal/Debe Regional Corporation from 1972 to 1991, amassing over 1,000 contributions. Her attorney submitted that the County Council paid 530 contributions for her for 1972 to 1982, but did not pay for 1983 to 1991, although she still worked as a cemetery keeper up to 1991.

Hassanali argued that the NIB disregarded the period for which no contributions were paid contrary to section 50 (1) of the National Insurance Act, which says that whether or not contributions are paid by the employer, once the employee worked, the NIB must pay the benefit and go after the employer for recovery of the unpaid contributions.

Hassanali also produced several job letters and pay record cards for the period 1983 to 1991, to prove that his client was working and was entitled to a pension for that period. The NIB’s lawyers countered that only 530 contributions were paid on Pathay’s behalf because the monthly income of $160 was not considered insurable employment contributions for eight years, so insurance was not due or payable.

Hassanali also submitted that all regional corporations were subject to the provisions of the Cemetery Keepers Act, and remuneration was standard. In its ruling the tribunal found that Pathay was eligible to a full pension based on her contributions from 2004, to present and continuing after.